SHAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners herein are the accused 1 to 4 in the impugned Anx-A1 Final Report in Crime No. 131/2014 of Venjaramoodu Police Station, Thiruvananthapuram, registered for offences punishable under Secs. 498A read with Sec. 34 of the Indian Penal Code, which has led to the institution of C.C. No. 827/2014 of the Judicial First Class Magistrate Court-I, Nedumangad, Thiruvananthapuram. It is stated that now the entire disputes between the petitioners and the 2nd respondent de facto complainant has been settled amicably and that the 2nd respondent has sworn to Anx. A2 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 petitioner has preferred the instant Crl. M.C. with the prayer to quash the impugned criminal proceedings against them.

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

(3.) Accordingly, it is ordered in the interest of justice that the impugned Anx-A1 Final Report in Crime No. 131/2014 of Venjaramoodu Police Station, Thiruvananthapuram, which has led to the institution of C.C. No. 827/2014 of the Judicial First Class Magistrate Court-I, Nedumangad, Thiruvananthapuram and all further proceedings arising therefrom pending against all the accused will stand quashed. The petitioners will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward copy of this order to the Investigating Officer concerned, for necessary information. With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.