High Court quashed the impugned FIR in a criminal case involving disputes between petitioners and the second respondent, who had deposited an affidavit settling the entire dispute, applying Supreme Court precedents on quashing proceedings when settlement occurs.
Impugned FIR and all further proceedings pending against accused persons were quashed.
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 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941
CRL.MC.NO.5617 OF 2019(B)
CRIME NO.1215/2019 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED NOS.1 TO 3:
BY ADV. SRI.T.M.SUDHEER
RESPONDENTS/STATE, CW1:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1. SRI.ELDHOSE ELIAS, ADVOCATE FOR R2.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C. No. 5617 of 2019
Dated this the 3rd day of October, 2019
O R D E R
The petitioners herein are the accused in the impugned Anx.A2 FIR in Crime No.1215/2019 of Kothamangalam Police Station, Ernakulam district, registered for offences punishable under Secs.341, 323, 324, 354, 294(b), 506 & 34 of the IPC. It is stated that now the entire disputes between the petitioners and the 2nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx.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.
in appropriate cases involving even non-compoundable offences,
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Crl.M.C. No. 5617 / 2019
the 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 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.
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Crl.M.C. No. 5617 / 2019
the impugned Anx.A2 FIR in Crime No.1215/2019 of Kothamangalam Police Station, Ernakulam district, and all further proceedings arising therefrom pending against the accused persons will stand quashed. The petitioners will produce certified copies of this order before Investigating Officer concerned and the competent court below concerned. The office of the Advocate General will forward copy of this order to the Investigating Officer concerned for information.
With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG
Crl.M.C. No. 5617 / 2019
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APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIS GIVEN BY THE 2ND RESPONDENT DATED 3/6/2019 ANNEXURE A2 THE CERTIFIED COPY OF THE FIR NO.1215/2019 DATED 3/6/2019 REGISTERED BY THE KOTHAMANGALAM POLICE. ANNEXURE A3 THE AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 7/8/2019
2 issues framed by the court
Whether the impugned FIR and proceedings can be quashed in the light of the settlement between the parties.
Whether the High Court can exercise powers under Sec.482 of the Cr.P.C. to quash prosecution in a case of non-compoundable offences.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶26
Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 · Who else cites this
Narinder Singh and others v. State of Punjab and anrApplied¶26
Narinder Singh and others v. State of Punjab and anr reported in (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Eldhose Alias
Anil K.M.
Basil Baby
Sheeba Elias
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
