Crl.M.C. Nos. 2401, 2423 & 2429 of 2019 (Muhamed Salih, Maimoonath, Sharafudheen, Abbas Nadvi, Ali, Hamsa, Shajeer v. State of Kerala and Others)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941** ## **Crl.MC.No. 2401 of 2019** **AGAINST THE ORDER/JUDGMENT IN CMP 5038/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA** **CRIME NO. 3365/2018 OF ALUVA EAST POLICE STATION , Ernakulam** ## **PETITIONER/S:** **1 MUHAMED SALIH AGED 28 YEARS S/O. ALI, EDAVANA HOUSE, THAIKATTUKARA, THAIKATTUKARA KARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT. 2 MAIMOONATH, AGED 55 YEARS W/O. ALI, EDAVANA HOUSE, THAIKATTUKARA, THAIKATTUKARA KARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT. 3 SHARAFUDHEEN, AGED 30 YEARS S/O. ALI, EDAVANA HOUSE, ALI, EDAVANA HOUSE, THAIKATTUKARA, THAIKATTUKARA KARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT.** **EDAVANA HOUSE, THAIKATTUKARA, THAIKATTUKARA KARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT.** **EDAVANA HOUSE, THAIKATTUKARA, THAIKATTUKARA KARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT.** **4 ABBAS NADVI, AGED 47 YEARS S/O. USMANKUTTY, MATTAKKAL HOUSE, COMAPANYPADI, THAIKATTUKARA KARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT.** ::2:: Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 |**5**|**ALI,**| |---|---| ||**AGED 60 YEARS**| ||**S/O. HYDROSE,**| ||**EDAVANA HOUSE, THAIKATTUKARA, THAIKATTUKARA**| ||**KARA, CHOORINIKARA VILLAGE, ERNAKULAM**| ||**DISTRICT.**| ||**BY ADV. SRI.K.S.ANEESH**| ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH**| ||**COURT OF KERALA, ERNAKULAM.**| |**2**|**THE SUB INSPECTOR OF POLICE**| ||**ALUVA EAST POLICE STATION, ERNAKULAM RURAL,**| ||**REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH**| ||**COURT OF KERALA, ERNAKULAM.**| |**3**|**HASEEBA**| ||**D/O. HAMSA, NOW RESIDING AT KONNAM VEETIL,**| ||**CHALAKKA KARA, PUTHENVELIKARA PAVAOOR TALUK,**| ||**ERNAKULAM DISTRICT.**| ||**BY ADVS.**| ||**SRI.K.K.NASSEER (ALUVA)**| ||**SHRI. PRIJU K.PONNAPPAN**| ||**SHRI. SUDHEER K.K.**| ||**SRI.K.A.ANEEZ FAHID**| ||**SRI.O.S.RAMANUNNI**| ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1 AND R2, SRI.K.K.NASSEER(ALUVA) FOR R3** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2019, ALONG WITH Crl.MC.2423/2019, Crl.MC.2429/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 ::3:: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941** ## **Crl.MC.No. 2423 of 2019** **CRIME NO. 406/2019 OF ALUVA EAST POLICE STATION , Ernakulam** ## **PETITIONER/S:** **1 HAMSA AGED 47 YEARS S/O.HYDROSE, KONMAM HOUSE, CHALAKKA KARA, PUTHANVELIKARA VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT.** **2 SHAJEER AGED 30 YEARS S/O.JALELL, KONMAM HOUSE, CHALAKKA KARA, PUTHANVELIKARA VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT.** **3 ALI, AGED 42 YEARS S/O.ABDU RAHMAN, KIDAGETH HOUSE, THAIKATTUKARA, CHOORNIKARA VILLAGE, ERNAKULAM DISTRICT.** **BY ADVS. SRI.K.K.NASSEER (ALUVA) SHRI. PRIJU K.PONNAPPAN SHRI. SUDHEER K.K. SRI.K.A.ANEEZ FAHID** ::4:: Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH**| ||**COURT OF KERALA, ERNAKULAM.**| |**2**|**THE SUB INSPECTOR OF POLICE,**| ||**EAST POLICE STATION, ERNAKULAM.**| |**3**|**MYMOONATH,**| ||**AGED 57 YEARS**| ||**W/O.ALI, EDAVANA HOUSE, ALUVA TALUK,**| ||**THAIKATTUKARA KARA, CHORRNIKARA VILLAGE,**| ||**ERNAKULAM DISTRICT.**| ## **BY ADV. SRI.K.S.ANEESH** ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1 AND R2, SRI.K.S.ANEESH FOR R3** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2019, ALONG WITH Crl.MC.2429/2019, Crl.MC.2401/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 ::5:: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941** ## **Crl.MC.No. 2429 of 2019** **CRIME NO. 404/2019 OF ALUVA EAST POLICE STATION , Ernakulam** ## **PETITIONER/S:** - **1 MUHAMEDSALIH AGED 28 YEARS S/O. ALI, EDAVANA HOUSE, THAIKKATTUKARA, THAIKKATTUKARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT** - **2 SHARAFUDHEEN AGED 30 YEARS S/O. ALI, EDAVANA HOUSE, THAIKKATTUKARA, THAIKKATTUKARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT** - **3 ALI AGED 60 YEARS S/O. HYDROSE, EDAVANA HOUSE, THAIKKATTUKARA, THAIKKATTUKARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT** - **4 MAIMOONATH AGED 57 YEARS W/O. ALI, EDAVANA HOUSE, THAIKKATTUKARA, THAIKKATTUKARA, CHOORINIKARA VILLAGE, ERNAKULAM DISTRICT BY ADV. SRI.K.S.ANEESH** **RESPONDENT/S:** ::6:: Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 - **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM** **2 SUB INSPECTOR OF POLICE ALUVA EAST POLICE STATION, ERNAKULAM RURAL, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM** **3 HASEEBA D/O. HAMSA, NOW RESIDING AT (KONNAM VEETIL, CHALAKKAKARA, PUTHENVELIKARA VILLAGE, PAVAOOR TALUK, ERNAKULAM DISTRICT** **BY ADVS.** **SRI.K.K.NASSEER (ALUVA) SHRI. PRIJU K.PONNAPPAN SRI.K.A.ANEEZ FAHID SRI.T.RAMAN UNNI** ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1 AND R2, SRI.K.K.NASSEER(ALUVA) FOR R3** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2019, ALONG WITH Crl.MC.2423/2019, Crl.MC.2401/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ::7:: Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 ## **ALEXANDER THOMAS, J** . ----------------------------Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 --------------------------------Dated this the 28[th] day of March, 2019. ## **O R D E R** The prayers made in these three Crl.M.Cs filed under Sec.482 of the Cr.PC invoking the inherent powers conferred on this Court as per that provision is to quash respective impugned criminal proceedings in these cases which essentially arise out of three crimes which are said to be case and counter case and the prayer for quashment in each of these cases is made on the basis of settlement arrived at between the accused persons and defacto complainant. 2. Crl.M.C.No.2401/2019 arises out of Anx-II FIR in Crime No.3365/2018 of Aluva East Police Station, Ernakulam Rural, which has been registered for offences punishable under Secs.498A, 294(b), 323, 324, 506(ii) & 34 of the I.P.C, which is now pending as C.M.P.No.5038/2018 on the file of the Judicial First Class Magistrate Court-I, Aluva, in which the petitioners are the accused therein and the 3[rd] respondent herein is the defacto complainant therein in relation to that crime. ::8:: Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 Crl.M.C.No.2423/2019 arises out of counter case viz., Anx-I FIR in Crime No.406/2019 of Aluva East Police Station, Ernakulam District, which has been registered for offences punishable under Secs.341, 323, 294(b), 506 & 34 of the I.P.C. The 2[nd] respondent/defacto complainant in Crl.M.C.No.2423/2018 is the 2[nd] petitioner/accused No.2 in Crl.M.C.No.2401/2019. Crl.M.C.No.2429/2019 arises out of Anx-I FIR in Crime No.404/2019 of Aluva East Police Station, Ernakulam District, which has been registered for offences punishable under Secs.341, 324, 294(b), 506 & 34 of the I.P.C. The 1[st] petitioner in Crl.M.C.Nos.2401 & 2429 of 2019 is the husband of the 2[nd] respondent/defacto complainant. All these cases arise out of the matrimonial disputes between the parties. It is brought on record that the contesting respondent in respective Crl.M.Cs have sworn to affidavits produced as Anxs-III and II those Crl.M.Cs whereby the respective defacto complainants have stated that the entire disputes against the petitioners/accused, have been fully settled and that they have no objection in quashing the pending criminal proceedings against the petitioners in respective Crl.M.Cs. It is in the light of these aspects that the petitioners in the respective ::9:: Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 CrlM.Cs have preferred the above Crl.M.Cs with the prayer to quash the respective impugned criminal proceedings against them. 3. 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 ::10:: Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 case to consider the prayer for quashment. 4. Accordingly, the following orders and directions are issued: (i) It is ordered in Crl.M.C.No.2401/2019 that the impugned Anx-II FIR in Crime No.3365/2018 of Aluva East Police Station, Ernakulam Rural, which is now pending as C.M.P.No.5038/2018 on the file of the Judicial First Class Magistrate Court-I, Aluva and all further proceedings arising therefrom pending against the accused therein will stand quashed under Sec.482 of the Code of Criminal Procedure. (ii) It is also ordered in Crl.M.C.No.2423/2019 that the impugned Anx-I FIR in Crime No.406/2019 of Aluva East Police Station, Ernakulam District and all further proceedings arising therefrom pending against the accused therein will stand quashed under Sec.482 of the Code of Criminal Procedure. (iii) It is also ordered in Crl.M.C.No.2429/2019 that the impugned Anx-I FIR in Crime No.404/2019 of Aluva East Police Station, Ernakulam District and all further proceedings arising therefrom pending against the accused therein will stand quashed under Sec.482 of the Code of Criminal Procedure. With these observations and directions, the above Crl.M.Cs will stand finally disposed of. **Sd/ALEXANDER THOMAS, Judge.** bkn/- ::11:: Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 ## **APPENDIX OF Crl.MC 2401/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE 1** **CERTIFIED COPY OF THE PRIVATE COMPLAINT FIELD BEFORE THE HONBLE JUDICIAL FIRST CLASS MAGISTRATE CORUT1, AT ALUVA CMP NO. 5038/2018.** **ANNEXURE II CERTIFIED COPY OF FIR OF ALUVA EAST POLICE STATION BEARING NO. 3365/2018.** **ANNEXURE III** **TRUE COPY OF THE AFFIDAVIT FIELD BY THE 3RD RESPONDENT/DEFACTO COMPLAINT.** Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 ::12:: ## **APPENDIX OF Crl.MC 2423/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I CERTIFIED COPY OF THE FIR DATED 25/02/2019 ON THE FILES OF ALUVA EAST POLICE STATION, ERNAKULAM RURAL.** **ANNEXURE III** **TRUE COPY OF AFFIDAVIT BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT DATED / 04/2019** Crl.M.C.Nos.2401, 2423 & 2429 Of 2019 ::13:: ## **APPENDIX OF Crl.MC 2429/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I CERTIFIED COPY OF FIR OF ALUVA EAST POLICE STATION BEARING NO.404/2019** **ANNEXURE II** **TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT/DE FACTO COMPLAINANT**