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High Court of KeralaCrl.MC/4700/2015disposed of

Dharman v. Biju

2015-07-28Honourable Mr. Justice Alexander Thomas6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Crl.MC.No. 4700 of 2015 () --------------------------- CC.NO. 183/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA CRIME NO. 1752/2009 OF HILL PALACE POLICE STATION, ERNAKULAM --------------- PETITIONERS/ACCUSED NOS.1 TO 3 :

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1. DHARMAN AGED 64 YEARS, S/O.NARAYANAN, THOTTUNGAL HOUSE, KUNNARA EROOR P.O., ERNAKULAM.

2. GIRIGA AGED 54 YEARS, W/O.DHARMAN, THOTTUNGAL HOUSE, KUNNARA EROOR P.O., ERNAKULAM.

3. DHANESH AGED 33 YEARS, S/O.DHARMAN, THOTTUNGAL HOUSE, KUNNARA EROOR P.O., ERNAKULAM.

BY ADVS.SRI.GEO PAUL SRI.SANU MATHEW SRI.RADHIKA RAJASEKHARAN P.

SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR.

SRI.LENIN P. SUKUMARAN SRI.JERRY VARGHESE RESPONDENTS/DEFACTO COMPLAINANTS & STATE :

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1. BIJU, AGED 37 YEARS S/O.VARGHESE, VENATTU HOUSE, KUNNARA EROOR P.O., ERNAKULAM, PIN - 682 303.

2. MARY, AGED 63 YEARS, W/O.VARGHESE, VENATTU HOUSE, KUNNARA EROOR P.O., ERNAKULAM, PIN - 682 303.

...2/-

Crl.MC.No. 4700 of 2015 () -2-

3. STATE OF KERALA REPRESENTED BY SUB INSPECTOR HILL PALACE POLICE STATION, ERNAKULAM BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682 031.

R1 & 2 BY ADV. SRI.SHERRY J. THOMAS R3 BY PUBLIC PROSECUTOR SRI. R. GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/-

Crl.MC.No. 4700 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

--------------------------------------------- ANNEXURE A1CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO.183/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THRIPUNITHURA.

ANNEXURE A2AFFIDAVIT FILED BY THE 1ST RESPONDENT. ANNEXURE A3AFFIDAVIT FILED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

AL EXANDER THOMAS, J.

================== Crl.M.C.No.4700 of 2015 ================== Dated this the 28th day of July, 2015

O R D E R

The petitioners is the accused in the impugned Anx.A1 final report/charge sheet filed in Crime No.1752/2009 of Hill Palace Police Station, Ernakulam district, registered of offences punishable under Secs.447, 341, 326 r/w 34 of the IPC, which has led to the institution of Calender Case, C.C.No.183/2014 on the file of the Judicial First Class Magistrate Court, Thripunithura. It is stated that now the entire disputes between the petitioners and the respondents/de facto complainant No.1 and 2 have been settled amicably and that the respondents have sworn to Anx.A2 to A3 affidavit before this Court, wherein it is stated that they have settled the entire disputes with the petitioners and that they have no objection for quashment of the impugned criminal proceedings pending against the petitioners. In the light of these aspects that the petitioners have preferred the instant Crl.M.C with the prayer to quash the impugned criminal proceedings against him. 2.

In a catena of decisions, the Apex Court has held that in appropriate cases involving even non-compoundable offences, the

Crl.M.C.No.4700 of 2015 -:2:- High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if continuance of prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v.

State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment. Accordingly, it is ordered in the interest of justice that the impugned Anx.A1 final report/charge sheet filed in Crime No.1752/2009 of Hill Palace Police Station, which has led to the institution of the Calender Case, C.C.No.

Crl.M.C.No.4700 of 2015 -:3:- Judicial First Class Magistrate Court, Thripunithura and all further proceedings arising therefrom pending against the petitioners stand quashed.

The Crl.M.C. is disposed of as above.

Sd/- ALEXANDER THOMAS, JUDGE AVS