High Court of KeralaSingle JudgeQuashed (final disposal of the petitions); proc...

Dr. Anwar Husain v. State of Kerala

Case / Petition Number:Crl.M.C Nos.8/2019, 2684/2019, 3927/2019, 4911/2019, 7232/2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • The Honourable Mr. Justice Alexander Thomas
Judgment Date
2019-10-23
Court Decision / Holding
The High Court held that the impugned proceedings in CC No.471/2019 (arising from Crime No.1101/2018) and CC No.461/2019 (arising from Crime No.97/2019) could be quashed in view of the mediated settlement. Accordingly, final reports/charges in Crime No.1101/2018 and 97/2019 were quashed for all accused in the respective matters (Crl.M.C. Nos. 7232/2019, 2684/2019, 3927/2019, 4911/2019). Crl.M.C. No.8/2019 was held to have nothing further to adjudicate. The Court directed production of certified copies and communicated the order to the Investigating Officers. The petitions were finally disposed of, reinforcing that settlement can underpin quashing under Sec. 482 Cr.P.C. in appropriate cases.
Final Disposition
Quashed (final disposal of the petitions); proceedings arising from Crime Nos. 1101/2018 and 97/2019 quashed; related calendar case proceedings quashed; no further proceedings remaining in the petitions.

Parties to the Case

Appellants / Petitioners

  • Dr. Anwar Husain
  • Thahakutty
  • Sajitha Beegum
  • Shajahan
  • Beena Shajahan
  • Jasmine Riyaz
  • Riyaz
  • Sajitha Sathar
  • Sathar

Respondents

  • State of Kerala represented by Public Prosecutor
  • S.H.O., Oachira Police Station
  • De facto complainant – Sona Noushad Bismi (1st respondent in some petitions)

Legal Representation & Advocates

Counsels for Petitioners

  • • P. Vijaya Bhanu (Sr.)
  • • P. M. Raf iq
  • • M. Revikrishnan
  • • V.C. Sarath
  • • Vipin Narayan
  • • Thomas J. Anakkallunkal
  • • Ajeesh K. SASI
  • • Pooja Pankaj
  • • Ruthy N. Bhat
  • • P. Sreekumar
  • • K. Arjun Venugopal
  • • Mary Reshma George
  • • S. Shaijon C. George
  • • Sajitha George
  • • Joe Thomas
  • • A. Sw in Kumar M J
  • • Helen P.A.
  • • Arun Roy
  • • Shaheer Showkath Ali

Counsels for Respondents

  • • Shaijan C. George
  • • Sajitha George
  • • Amjad Ali

Case Synopsis & Summary

This is a consolidated set of criminal miscellaneous petitions (Crl.M.C. Nos. 8/2019, 2684/2019, 3927/2019, 4911/2019, 7232/2019) arising from Crime Nos. 1101/2018 and 97/2019 registered at Oachira Police Station (Kollam). The petitioners/accused include Dr. Anwar Husain and several family members amid matrimonial disputes, challenging the continuation of proceedings in calendar cases CC 471/2019 (arising from Crime No.1101/2018) and CC 461/2019 (arising from Crime No.97/2019). The High Court, presided over by Justice Alexander Thomas, after noting a mediated settlement between the parties dated 11.07.2019, examined the scope of its inherent powers under Section 482 Cr.P.C. The court relied on Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab to justify quashing the proceedings on grounds that settlement extinguished the disputes and further prosecution would serve no purpose, especially in matrimonial matters where time and resources are better conserved. The mediation achieved a comprehensive settlement; the State/prosecution did not oppose quashing. Accordingly, directions were issued: quash the final report/charge sheet in Crime No.1101/2018 and the calendar case CC471/2019 (Crl.M.C.7232/2019 and 2684/2019); similarly quash proceedings in Crime No.97/2019 leading to CC460/2019 (Crl.M.C.3927/2019 and 4911/2019); and nothing substantive remained in Crl.M.C.No.8/2019. The Court emphasized settlement as a valid basis to secure justice and conserve judicial time.

Provisions of Law Cited

CrPC Sec. 482IPC Sec. 323IPC Sec. 498AIPC Sec. 34IPC Sec. 447IPC Sec. 451IPCSec. 294(b)IPC Sec. 323IPC Sec. 427IPC Sec. 34

Legal Doctrines & Maxims

  • Settlement of disputes between parties can justify quashing of criminal proceedings under Sec. 482 CrPC (Gian Singh v. State of Punjab; Narinder Singh v. State of Punjab)
  • Mediation and final settlement can justify exercise of inherent jurisdiction to quash pending prosecutions, even in non-compoundable offences, when continuance would serve no purpose.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that a genuine, mediated settlement among the spouses had been reached, evidenced by a signed mediation agreement dated 11.07.2019, and that continuing criminal proceedings would only waste time and resources. They invoked the powers under Sec. 482 Cr.P.C. and relied on Gian Singh and Narinder Singh to argue that when disputes are settled, the Court may quash prosecution even in non-compoundable offences. They argued that quashing would serve the ends of justice and preserve judicial economy, especially in matrimonial disputes where acrimony might otherwise persist.

Contentions of Respondents

The State/prosecution, while not opposing the quashment in light of the settlement, emphasized adherence to statutory procedures and relied on established precedents recognizing the court’s discretion under Sec. 482 Cr.P.C. in cases of genuine settlement that resolves the entire dispute. They did not oppose quashing given the mediation outcome, and the de facto complainant supported settlement as the basis for dismissal of the proceedings.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab(2012) 10 SCC 303PositiveCited to justify quashing where the parties have settled their dispute; applied by the Kerala High Court to support the prayer for quashment.
Narinder Singh and others v. State of Punjab and anr(2014) 6 SCC 466PositiveCited for the paragraph 29 principle underpinning settlement-based quashing.

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Extracted Judgment Text

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# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941** ## **Crl.MC.No.8 OF 2019(A)** **CRIME NO.1101/2018 OF OACHIRA POLICE STATION, KOLLAM** ## **PETITIONER/ACCUSED NO.1:** **DR.ANWAR HUSSAIN, AGED 28 YEARS S/O.THAHAKUTTY, THAHA MANZIL, KALLOOR MUKKU, OACHIRA. P.O., KOLLAM DISTRICT.** **BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.P.M.RAFIQ SRI.M.REVIKRISHNAN SRI.V.C.SARATH SRI.VIPIN NARAYAN SRI.THOMAS J.ANAKKALLUNKAL SRI.AJEESH K.SASI SMT.POOJA PANKAJ SRUTHY N. BHAT** ## **RESPONDENTS/COMPLAINANT & STATE:** **1 THE SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, KOLLAM DISTRICT. 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. SRI.AMJAD ALI, PUBLIC PROSECUTOR,** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.10.2019, ALONG WITH Crl.MC.2684/2019(E), Crl.MC.3927/2019(A), Crl.MC.4911/2019(D), Crl.MC.7232/2019(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **2** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941** ## **Crl.MC.No.2684 OF 2019(E)** **AGAINST THE ORDER/JUDGMENT IN CMP 180/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY** **CRIME NO.1101/2018 OF OACHIRA POLICE STATION, KOLLAM** ## **PETITIONERS/ACCUSED:** **1 DR.ANWAR HUSSAIN AGED 31 YEARS THAHAMANZIL, NEAR KALOOR MUKKU, PAYIKUSHYMURRY, OACHIRA.P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 2 THAHAKUTTY THAHAMANZIL, NEAR KALOOR MUKKU, PAYIKUSHYMURRY, OACHIRA.P.O, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 3 SAJITHA BEEGUM, THAHAMANZIL, NEAR KALOOR MUKKU, PAYIKUSHYMURRY, OACHIRA.P.O, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.** **BY ADVS. SRI.P.SREEKUMAR SRI.K.ARJUN VENUGOPAL SMT.MARY RESHMA GEORGE** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **3** **SMT.V.A.HARITHA SRI.SIDHARTH B PRASAD SRI.R.NANDAGOPAL SHRI.ASWIN KUMAR M J** ## **RESPONDENTS/DE FACTO COMPLAINANT:** - **1 SONA NOUSHAD BISMI CHITHRA NAGAR-9, PATTOM P.O, THIRUVANANTHAPURAM 695004.** - **2 THE STATION HOUSE OFFICER, OACHIRA POLICE STATION, KOLLAM DISTRICT-690526 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.** **R1 BY ADV. SRI.SHAIJAN C.GEORGE R1 BY ADV. SMT.SAJITHA GEORGE R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.10.2019, ALONG WITH Crl.MC.3927/2019(A), Crl.MC.4911/2019(D), Crl.MC.7232/2019(D), Crl.MC.8/2019(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941** ## **Crl.MC.No.3927 OF 2019(A)** **CRIME NO.97/2019 OF OACHIRA POLICE STATION, KOLLAM** ## **PETITIONERS/ACCUSED:** |**1**|**SONA NOUSHAD,**| |---|---| ||**AGED 25 YEARS, BISMI,**| ||**CHITHRA NAGAR 9, PATTOM P.O.,**| ||**KAVADIYAR VILLAGE,**| ||**THIRUVANANTHAPURAM, PIN - 695 004.**| |**2**|**NAMITHA NOUSHAD,**| ||**AGED 24 YEARS, BISMI,**| ||**CHITHRA NAGAR 9, PATTOM P.O.,**| ||**KAVADIYAR VILLAGE,**| ||**THIRUVANANTHAPURAM, PIN - 695 004.**| |**3**|**SHARIYAR,**| ||**AGED 52 YEARS, SHERIN VILLA,**| ||**T.C.2/3094, PANACHAMOOTIL LANE,**| ||**PATTOM P.O., THIRUVANANTHAPURAM,**| ||**PIN - 695 004.**| |**4**|**SHAJAHAN,**| ||**AGED 60 YEARS**| ||**KADAYKKAL HOUSE, S.R.L-A 482,**| ||**SHANKAR ROAD, SASTHAMANGALAM P.O.,**| ||**THIRUVANANTHAPURAM, PIN - 695 010.**| **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **5** - **5 BEENA SHAJAHAN, AGED 50 YEARS S.R.L-A 482, SHANKAR ROAD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, PIN- 695 010.** - **6 JASMINE RIYAS, AGED 45 YEARS, HEVAN, T.C-3/2669/03, MARAPALAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695 004.** **7 RIYAS, AGED 52 YEARS, HEAVEN, T.C-3/2669/03, MARAPALAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN- 695 004.** - **8 SAAJITHA SATHAR, AGED 48 YEARS, SALMAN MANSIL, CHINGELIL, KADAKKAL P.O., KOLLAM, PIN - 691 536.** **9 SATHAR, AGED 55 YEARS, SALMAN MANSIL, CHINGELIL, KADAKKAL P.O., KOLLAM, PIN - 691 536.** **BY ADVS. SRI.SHAIJAN C.GEORGE SMT.SAJITHA GEORGE** ## **RESPONDENTS/COMPLAINANTS:** - **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031.** - **2 S.H.O., OCHIRA POLICE STATION, KOLLAM CITY, KOLLAM, PIN- 691 001.** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **6** **3 DR.ANWAR HUSSAIN, S/O.TAHAKUTTY, TAHA MANZIL, OACHIRA P.O., KOLLAM, PIN- 691 001.** **R1 & R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.10.2019, ALONG WITH Crl.MC.2684/2019(E), Crl.MC.4911/2019(D), Crl.MC.7232/2019(D), Crl.MC.8/2019(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **7** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941** ## **Crl.MC.No.4911 OF 2019(D)** **AGAINST THE ORDER/JUDGMENT IN CC 461/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY** **CRIME NO.97/2019 OF OCHIRA POLICE STATION, KOLLAM** ## **PETITIONERS/ACCUSED:** |**1**|**SONA NOUSHAD,**| |---|---| ||**AGED 27 YEARS, BISMI,**| ||**CHITHRA NAGAR 9, PATTOM P.O.,**| ||**KAWADIYAR VILLAGE,**| ||**THIRUVANANTHAPURAM, PIN- 695004.**| |**2**|**NAMITHA NOUSHAD,**| ||**AGED 25 YEARS, BISMI,**| ||**CHITHRA NAGAR 9, PATTOM P.O.,**| ||**KAWADIYAR VILLAGE,**| ||**THIRUVANANTHAPURAM, PIN- 695004.**| |**3**|**SHARIYAR,**| ||**AGED 53 YEARS, SHERIN VILLA, T/C2/3094,**| ||**PANACHAMOOTIL LANE, PATTOM P.O.,**| ||**THIRUVANANTHAPURAM, PIN- 695004.**| |**4**|**SHAJAHAN,**| ||**AGED 60 YEARS, KADAKKAL HOUSE, S.R.L-A 482,**| ||**SANKAR ROAD, SASTHAMANGALAM P.O.,**| ||**THIRUVANANTHAPURAM, PIN- 695010.**| |**5**|**BEENA SHAJAHAN,**| ||**AGED 50 YEARS**| ||**KADAKKAL HOUSE, S.R.L-A 482,**| ||**SANKAR ROAD, SASTHAMANGALAM P.O.,**| ||**THIRUVANANTHAPURAM, PIN- 695010.**| **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **8** **6 MUHAMMAD RIYAZ, AGED 52 YEARS, HEAVEN, T/C 3/2669/03, MARAPPALAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN- 695004. 7 JASMINE RIYAZ, AGED 45 YEARS HEAVEN, T/C 3/2669/03, MARAPPALAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN- 695004.** **8 SAJITHA SATHAR, AGED 48 YEARS SALMAN MANZIL, CHINGELIL, KADDAKKAL P.O., KOLLAM, PIN- 691536.** **9 SATHAR, AGED 55 YEARS SALMAN MANZIL, CHINGELIL, KADDAKKAL P.O., KOLLAM, PIN- 691536.** **BY ADVS. SRI.SHAIJAN C.GEORGE SMT.SAJITHA GEORGE SHRI.JOE THOMAS** ## **RESPONDENTS/COMPLAINANTS:** - **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN- 682031.** - **2 DR.ANVAR HUSAIN, S/O.TAHAKUTTY, TAHA MANZIL, OCHIRA P.O., KOLLAM, PIN- 691001.** ## **R2 BY ADV. SRI.R.RAJASEKHARAN PILLAI R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.10.2019, ALONG WITH Crl.MC.2684/2019(E), Crl.MC.3927/2019(A), Crl.MC.7232/2019(D), Crl.MC.8/2019(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **9** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941** ## **Crl.MC.No.7232 OF 2019(D)** **CRIME NO.1101/2018 OF OACHIRA POLICE STATION, KOLLAM** ## **PETITIONERS/ACCUSED:** - **1 DR.ANWAR HUSSAIN THAHAMANZIL, NEAR KALOOR MUKKU, PAYIKUSHYMURRY, OACHIRA.P.O, KARUNAGAPALLY TALUK, KOLLAM DISTRICT,** - **2 THAHAKUTTY, THAHAMANZIL, NEAR KALOOR MUKKU, PAYIKUSHYMURRY, OACHIRA, P.O, KARUNAGAPALLY TALUK, KOLLAM DISTRICT** - **3 SAJITHA BEEGUM, THAHAMANZIL, NEAR KALOOR MUKKU, PAYIKUSHYMURRY, OACHIRA.P.O, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT** **BY ADVS. SRI.P.SREEKUMAR SRI.K.ARJUN VENUGOPAL SHRI.ASWIN KUMAR M J SMT.HELEN P.A. SRI.ARUN ROY SRI.SHAHIR SHOWKATH ALI** ## **RESPONDENTS/DE FACTO COMPLAINANT AND STATE:** **1 SONA NOUSHAD BISMI CHITHRA NAGAR-9, PATTOM PO, THIRUVANANTRHAPURAM 695004** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **10** **2 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031** **SRI.AMJAD ALI, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.10.2019, ALONG WITH Crl.MC.2684/2019(E), Crl.MC.3927/2019(A), Crl.MC.4911/2019(D), Crl.MC.8/2019(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **11** ## **ALEXANDER THOMAS, J. =========================== Crl.M.C Nos.8, 2684, 3927, 4911 & 7232 of 2019** **===========================** Dated this the 23[rd] day of October, 2019 ## **ORDER** Crl.M.C.Nos.8/2019, 2684/2019 & 7232/2019 have been filed by the petitioners therein in relation to the challenge made as against Crime No.1101/2018 of Oachira Police Station, Kollam, which has now led to the pendency of the calendar case C.C.No.471/2019 on the file of the Judicial First Class Magistrate’s Court, Karunagappally, for offences punishable as per Secs.323, 498A & 34 of the Indian Penal Code. The said criminal proceedings have been initiated on the basis of the complaint/First Information Statement given by the 1[st] respondent-lady de facto complainant. The 1[st] petitioner (A-1) in Crl.M.C.No.7232/2019 is the husband of the 1[st] respondent and the 2[nd] and 3[rd] petitioners (A-2 & A-3) are the father and mother respectively of the 1[st] petitioner (A-1). **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **12** 2. Whereas, Crl.M.C.Nos.3927/2019 & 4911/2019 pertains to the challenge made as against Crime No.97/2019 of Oachira Police Station, which has now led to the pendency of the calendar case C.C.No.461/2019 on the file of the Judicial First Class Magistrate’s Court, Karunagappally for offences punishable under Secs.447, 451, 294(b), 323, 427 & 34 of the Indian Penal Code. The 1[st] petitioner in Crl.M.C.No.4911/2019 is the 1[st] respondent in Crl.M.C.No.7232/2019. The 1[st] petitioner in Crl.M.C.No.4911/2019 is accused No.1 in the said Crime No.97/2019 of Oachira Police Station for the above said offences and 2[nd] to 5[th] petitioners in Crl.M.C.No.4911/2019 are the other accused persons in relation to the said Crime No.97/2019 of Oachira Police Station. 3. Heard Sri.P.Sreekumar, learned Advocate appearing for the petitioners in Crl.M.C.Nos.2684/2019 & 7232/2019 and Sri.M.Revikrishnan, learned Advocate appearing for the petitioners in Crl.M.C.No.8/2019, Sri.Shaijon C.George, learned Advocate appearing for the petitioners in Crl.M.C.Nos.3927/2019 & 4911/2019. Crl.M.C.No.7232/2019 has been filed mainly with the prayer for quashing the proceedings in C.C.No.471/2019 on the file of the **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **13** Judicial First Class Magistrate’s Court, Karunagappally, whereas, the prayer in Crl.M.C.No.4911/2019 is for the quashment of the impugned criminal proceedings in C.C.No.461/2019 on the file of the Judicial First Class Magistrate’s Court, Karunagappally. The above said respective impugned criminal proceedings in these cases have arisen on account of the matrimonial disputes between abovesaid spouses. Accordingly, with the permission of this Court both sides had endeavoured to settle their disputes through mediatory efforts undertaken through the Mediation Centre attached to this Court. Now, the learned Advocates appearing for the rival parties would submit that the entire disputes between the parties have been harmoniously resolved through the mediatory efforts undertaken by the Mediation Centre attached to this Court and the Mediation Centre attached to this Court has also furnish the original of the mediation agreement signed between the parties on 11.07.2019. The memorandum of mediation settlement agreement dated 11.07.2019 is made available by the Mediation Centre attached to this Court and signed by the respective parties concerned and their learned Advocates concerned, reads as follows: **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **==> picture [451 x 647] intentionally omitted <==** **14** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **==> picture [461 x 646] intentionally omitted <==** **15** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **==> picture [461 x 647] intentionally omitted <==** **16** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **==> picture [460 x 646] intentionally omitted <==** **17** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **==> picture [460 x 647] intentionally omitted <==** **18** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **19** The said mediation has made comprehensive arrangement for settlement of various disputes, including the present proceedings. Suffice to say that by the said mediation agreement, the rival parties had agreed that the impugned criminal proceedings in C.C.No.471/2019 & C.C.No.461/2019 both on the file of the Judicial First Class Magistrate’s Court, Karunagappally could be quashed by this Court as against all the accused persons concerned in those matters, could be quashed by this Court on the ground of settlement of disputes between the parties. Since the mediation process has been finalized through the Mediation Centre attached to this Court, the prosecution also does not have any serious objection for quashment of the impugned criminal proceedings on the ground of settlement between the parties. 4. 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 **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **20** 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. 5. Accordingly, the following directions and orders are passed: (i) In Crl.M.C.No.7232/2019 & Crl.M.C.No.2684/2019, it is ordered that further proceedings in the final report/charge sheet filed in Crime No.1101/2018 on the file of the Oachira Police Station, which led to the pendency of calendar case C.C.No.471/2019 on the file of the Judicial First Class Magistrate’s Court, Karunagappally as against all the accused persons therein and all further proceedings taken in pursuance thereof as against all the accused persons therein, **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **21** will stand quashed. (ii) Since the main proceedings in the above said calendar case C.C.No.471/2019 arising out of Crime No.1101/2018 of Oachira Police Station has been quashed, nothing survives in respect of matters raised in Crl.M.C.No.8/2019, as it raises only a challenge as against a direction made by the Investigating Officer in the course of the investigation to produce certain documents. Therefore, nothing survives in Crl.M.C.No.8/2019. (iii) As regards Crl.M.C.No.4911/2019 and Crl.M.C.No.3927/2019, it is ordered in the interest of justice that all proceedings pursuant to the impugned final report/charge sheet filed in Crime No.97/2019, which had led to the pendency of calendar case C.C.No.460/2019 on the file of the Judicial First Class Magistrate’s Court, Karunagappally as against all the accused persons therein and all further proceedings in pursuance thereof, as against all the accused persons therein, will stand quashed. 6. The respective petitioners will produce certified copies of this order before Investigating Officer concerned and also before the trial court concerned, for necessary information. Office of the **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **22** Advocate General will also forward copy of this order to the Investigating Officer concerned in these two cases, for necessary information. With these observations and directions, the above Crl.M.Cs will stand finally disposed of. **Sd/-** **ALEXANDER THOMAS JUDGE** vgd **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **23** ## **APPENDIX OF Crl.MC 8/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.1101/2018 OF OACHIRA POLICE STATION. ANNEXURE B TRUE COPY OF THE ORDER IN CRL.M.C.NO.1801/2018 OF THE COURT OF SESSIONS, KOLLAM, DATED 21/12/2018. ANNEXURE C TRUE COPY OF THE JUDGMENT IN WP(C)NO.32874/2018 OF THIS HON'BLE COURT, DATED 16/10/2018. ANNEXURE D TRUE COPY OF THE NOTICE DATED 24.12.2018 ISSUED TO PETITIONER BY THE SUB INSPECTOR OF OACHIRA POLICE STATION.** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **24** ## **APPENDIX OF Crl.MC 2684/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1101 OF 2018 OF OACHIRA POLICE STATION.** **ANNEXURE A2 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE DISTRICT POLICE CHIEF ON 16.10.2018 ANNEXURE A3 A TRUE COPY OF THE JUDGMENT IN WP(C)NO.32874 OF 2018 OF THIS HON'BLE COURT ANNEXURE A4 A TRUE COPY OF THE COMPLAINT OBTAINED UNDER RTI ACT, 2005 ANNEXURE A5 A TRUE COPY OF THE COMPLAINT FILED AS CMP NO.180/2019.** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **25** ## **APPENDIX OF Crl.MC 3927/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE 1 TRUE COPY OF THE WRIT PETITION W.P.(C) NO.32874/2018 FILED BY THE DE-FACTO COMPLAINANT.** - **ANNEXURE 2 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.32874/2018.** - **ANNEXURE 3 A TRUE COPY OF THE FIR AND FI STATEMENT IN CRIME NO.1101/2018 OCHIRA POLICE STATION.** - **ANNEXURE 4 A TRUE COPY OF THE PLAINT IN THE SUIT OS NO.393/2018 BEFORE THE MUNSIFF COURT, KARUNAGAPPALLY.** |**ANNEXURE**|**5**|**A TRUE COPY OF THE PETITION IN**| |---|---|---| |||**O.P.NO.2316/2018.**| |**ANNEXURE**|**6**|**A TRUE COPY OF THE PETITION IS**| |||**M.C.NO.466/2018.**| |**ANNEXURE**|**7**|**A CERTIFIED COPY OF THE FIR & COMPLAINT IN**| |||**CR.NO.97/2019 OF OCHIRA POLICE STATION.**| |**ANNEXURE**|**8**|**THE COPY OF THE COMPLAINT PRODUCED AS**| |||**EXHIBIT P1 IN WP(C) NO.32874/2018.**| **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **26** ## **APPENDIX OF Crl.MC 4911/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE 1 TRUE COPY OF THE WRIT PETITION W.P.(C) NO.32874/2018 FILED BY THE DE-FACTO COMPLAINANT.** - **ANNEXURE 2 THE TRUE COPY OF THE JUDGMENT IN WP(C)NO. 32874/2018.** - **ANNEXURE 3 A TRUE COPY OF THE FIR AND FI STATEMENT IN CRIME NO.1101/2018 OCHIRA POLICE STATION.** - **ANNEXURE 4 A TRUE COPY OF THE PLAINT IN THE SUIT O.S.NO. 393/2018 BEFORE THE MUNSIFF COURT, KARUNAGAPALLY.** - **ANNEXURE 5 A TRUE COPY OF THE PETITION IN O.P.NO.2316/2018.** - **ANNEXURE 6 A TRUE COPY OF THE PETITION IS M.C.NO.466/2018.** - **ANNEXURE 7 A TRUE COPY OF THE FIR AND COMPLAINT IN CR.NO.97/2019 OF OCHIRA POLICE STATION.** - **ANNEXURE 8 THE COPY OF THE COMPLAINT PRODUCED AS EXHIBIT P1 IN WP(C)NO.32874/2018.** - **ANNEXURE 9 THE CERTIFIED COPY OF THE CHARGE IN C.C.NO.461/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY.** **Crl.M.C. Nos.8, 2684, 3927, 4911 & 7232 of 2019** **27** ## **APPENDIX OF Crl.MC 7232/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1101 OF 2018 OF OACHIRA POLICE STATION** **ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT DATED 29.04.2019**