High Court of KeralaSingle JudgeQuashed

Dr. Anwar Hussain and others v. Sub Inspector of Police, Oachira; State of Kerala; De facto complainant Sona Noushad Bismi and others

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
  • Alexander Thomas
Judgment Date
2019-10-23
Court Decision / Holding
The petitions are disposed of with quashing of the impugned proceedings: (i) Crl.M.C. Nos.7232/2019 and 2684/2019 – quashment of final report/charge sheet in Crime No.1101/2018 leading to CC No.471/2019; (ii) Crl.M.C.No.8/2019 – nothing survives; (iii) Crl.M.C.Nos.3927/2019 & 4911/2019 – quashment of proceedings in CC No.461/2019 arising from Crime No.97/2019. The orders authorize production of certified copies to IOs and trial courts, and forwarding to the Public Prosecutor. The calendar cases stand quashed in light of the mediated settlement. All five Crl.M.Cs are finally disposed of.
Final Disposition
Quashed

Parties to the Case

Appellants / Petitioners

  • Dr. Anwar Hussain
  • THAHAKUTTY THAHAMANZIL
  • SAJITHA BEEGUM
  • SHAJAHAN
  • BEENA SHAJAHAN
  • JASMINE RIYAZ
  • RIYAS
  • SAJITHA SATHAR
  • SATHAR
  • SONA NOUSHAD BISMI
  • NAMITHA NOUSHAD
  • SHARIYAR
  • MUHAMMAD RIYAZ

Respondents

  • Sub Inspector of Police, Oachira Police Station, Kollam District
  • State of Kerala represented by Public Prosecutor, High Court of Kerala
  • The de facto complainant Sona Noushad BISMI
  • The Station House Officer, Oachira Police Station

Legal Representation & Advocates

Counsels for Petitioners

  • • 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
  • • SRI.P.SREEKUMAR
  • • SRI.K.ARJUN VENUGOPAL
  • • SMT.MARY RESHMA GEORGE
  • • SRI.SHAIJAN C.GEORGE
  • • SMT.SAJITHA GEORGE
  • • SHRI.JOE THOMAS
  • • SHRI.ASWIN KUMAR M J
  • • SMT.HELEN P.A.
  • • SRI.ARUN ROY
  • • SRI.SHAHIR SHOWKATH ALI

Counsels for Respondents

  • • SRI.SHAIJAN C.GEORGE
  • • SMT.SAJITHA GEORGE
  • • SHRI.JOE THOMAS
  • • SRI.PJ...

Case Synopsis & Summary

The Kerala High Court, Ernakulam, in a consolidated hearing on 23 October 2019, dealt with five Criminal Miscellaneous Cases (Crl.M.C. Nos. 8/2019, 2684/2019, 3927/2019, 4911/2019, 7232/2019) arising from Crime No. 1101/2018 (Oachira Police Station) and Crime No. 97/2019, both Kollam district. The petitioners, a group of accused in matrimonial disputes with the de facto complainant, sought quashing under Section 482 Cr.P.C. The court noted that the parties had actively engaged in mediation through the Mediation Centre attached to the court, yielding a mediation agreement dated 11.07.2019. Relying on Gian Singh v. State of Punjab and Narinder Singh and others v. State of Punjab (paragraph 29) to govern quashing in cases where disputes have been fully settled, the court found there is a real settlement and continued prosecution would serve no purpose. Accordingly, (i) quashed further proceedings in Crime No. 1101/2018 leading to calendar case CC No. 471/2019 against all accused; (ii) held nothing survives for Crl.M.C.No.8/2019; (iii) quashed all proceedings in Crime No. 97/2019 leading to CC No. 460/2019 against all accused in Crl.M.C. Nos. 3927/2019 and 4911/2019. The orders dispose of the five petitions with directions to communicate the order to IOs and trial courts.

Provisions of Law Cited

Section 482, CrPCSections 323, 498A, and 34 of IPCSections 447, 451, 294(b), 323, 427 and 34 IPC

Legal Doctrines & Maxims

  • Gian Singh v. State of Punjab (2012) 10 SCC 303
  • Narinder Singh and others v. State of Punjab and anr (2014) 6 SCC 466

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that all matrimonial disputes between the parties have been resolved through mediation, with a comprehensive settlement dated 11.07.2019. They urged the High Court to exercise its inherent jurisdiction under Sec.482 Cr.P.C. to quash the impugned proceedings in light of the settlement, citing the settled jurisprudence in Gian Singh and Narinder Singh that court interference is warranted where continuation serves no purpose and where disputes are resolved.

Contentions of Respondents

The respondents (State/Police) indicated no serious objection to quashing in view of the parties’ settlement, recognizing the mediation, and relying on the same legal principles cited by the petitioners. They urged the Court to channel the quashing in a manner that reflects the settlement and protects judicial economy.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab(2012) 10 SCC 303PositiveCited as the foundational principle enabling quashing under Sec.482 CrPC when disputes are settled, avoiding futile continuance of prosecution.
Narinder Singh and others v. State of Punjab and anr(2014) 6 SCC 466PositiveCited for the proposition that a genuine settlement between parties can guide the exercise of jurisdiction to quash criminal proceedings.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **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**