Quashed
Rasin Das v. State of Kerala
Kerala HCCrl.MC/5057/2019
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
Crl.MC.No.5057 OF 2019(B)
AGAINST CC 2319/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS (TEMPORARY), PARAVOOR
CRIME NO.1154/2014 OF PARIPPALLY POLICE STATION, KOLLAM
PETITIONERS/ACCUSED NO.1 TO 4:
1 RASIN DAS S/O.THULASI DAS, ROADVILA PUTHEN VEETIL HOUSE, KIZHAKANEELA, NAVAYIKULAM VILLAGE, KOLLAM.
2 PRAVEEN, S/O.MANI, PUTHENVILAPUTHEN VEETIL HOUSE, NERA EZHIPURAM HSS, EZHIPURAM, PARIPPALLY, KOLLAM.
AGED 55 YEARS
W/O.RAVEENDRAN, KOLAYIL PUTHEN VEETIL HOUSE, KARINCHILLOOR, PARIPPALLY, KOLLAM.
4 REKHA,
AGED 34 YEARS
W/O.RASIN DAS, KOLAYIL PUTHEN VEETIL HOUSE, KOLAYIL, KARINCHILLOOR, PARIPPALLY, KOLLAM.
BY ADV. SRI.M.R.SASITH
RESPONDENTS:
Crl.M.C.No.5057 of 2019
2
3 RAJITHA R AGED 32 YEARS D/O.REMANI, KOLAYIL PUTHEN VEETIL HOUSE, KARIMBALOOR, PUTHENKULAM, PARIPPALLY, KOLLAM-690001.
R3 BY ADV. V.VINAR SRI.P.N.SUMODU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5057 of 2019
3
ALEXANDER THOMAS, J.
= = = = = = = = = = = = = = = = = Crl.M.C.No.5057 of 2019
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of October, 2019
O R D E R
The petitioners herein have been arrayed as accused Nos.1 to 4 in Annexure-A1 FIR in Crime No.1154/2014 of Parippally Police Station, Kollam, which has been registered for offences punishable under Secs.341, 323, 324, 354 & 34 of the Indian Penal Code, which led to the institution of Annexure-A2 final report in C.C.No.2319/2015 on the file of the Judicial First Class Magistrate's Court (Temporary), Paravoor, Kollam. It is stated that now the entire disputes between the petitioners herein and the 3rd respondent de facto complainant have been settled amicably and that the 3rd respondent has sworn to Annexure-A3 affidavit before this Court, wherein it is stated that she has settled the entire disputes with the petitioners and that she has no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is 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 them.
Crl.M.C.No.5057 of 2019
4
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 the continuance of the 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 the 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.
Crl.M.C.No.5057 of 2019
5
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
Sd/ALEXANDER THOMAS JUDGE
vgd
Crl.M.C.No.5057 of 2019
6
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF FIR NO.1154/2014 OF PARIPPALLY POLICE STATION, KOLLAM. ANNEXURE A2 TRUE COPY OF FINAL REPORT CC NO.2319/2015 FILED BEFORE JUDICIAL FIRST CLASS COURT (TEMPORARY) PARAVOOR. ANNEXURE A3 AFFIDAVIT SWORN BY 3RD RESPONDENT.
Rasin Das
Praveen
Ramani
Rekha
State of Kerala
Rajitha R
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court