High Court of KeralaSingle JudgeQuashed (final quashment of proceedings) and di...

Dr. Anwar Hussain & others v. The Sub Inspector of Police, Oachira Police Station & State of Kerala (Crl.M.C Nos. 8/2019, 2684/2019, 3927/2019, 4911/2019 & 7232/2019)

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 Court allowed quashing of the proceedings in respect of the two calendar cases: (i) Crl.M.C. Nos. 7232/2019 & 2684/2019 — quashment of the final report/charge sheet in Crime No.1101/2018 leading to Calendar Case No.471/2019; (ii) Crl.M.C. Nos. 4911/2019 & 3927/2019 — quashment of all proceedings in Crime No.97/2019 leading to Calendar Case No.460/2019; (iii) Crl.M.C. No.8/2019 stands disposed as no further relief survives since the main proceedings are quashed. The Court recognized the mediation settlement, invoked the principles in Gian Singh and Narinder Singh, and directed certified copies of the order be furnished to the Investigating Officer and the trial court. All five petitions were finally disposed of with quashment and consolidation of records accordingly.
Final Disposition
Quashed (final quashment of proceedings) and disposed of

Parties to the Case

Appellants / Petitioners

  • Dr. Anwar Hussain
  • Tha hakutty Thahamanzil
  • Sajitha Beegum
  • Shajahaan
  • Beena Shajahaan
  • Muhammad Riyaz
  • Jasmine Riyaz
  • Riyaz
  • Sajitha Sathar
  • Sathar
  • Namitha Noushad
  • Sona Noushad

Respondents

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

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
  • • Sri Sruthy N. Bhat
  • • Sri P. Sreekumar
  • • Sri K. Arjun Venugopal
  • • Smt. Mary Reshma George
  • • Sri Shaijon C. George
  • • Smt. Sajitha George
  • • Sri Joe Thomas
  • • Sri P. Sreekumar
  • • Sri Aswin Kumar M. J
  • • Smt Helen P.A.
  • • Sri Arun Roy
  • • Sri Shaheer Showkath Ali

Counsels for Respondents

  • • Sri Shaijan C. George
  • • Smt. Sajitha George
  • • Public Prosecutor Ajmad Ali
  • • Sri Joe Thomas
  • • Sri P. Sreekumar
  • • Sri K. Arjun Venugopal
  • • Sri Aswin Kumar M. J
  • • Smt. Helen P.A.
  • • Sri Arun Roy
  • • Sri Shaheer Showkath Ali
  • • Sri R. Rajasekharan Pillai

Case Synopsis & Summary

These are consolidated Criminal Misc. Cases filed in the Kerala High Court seeking quashment of criminal proceedings arising from two separate crimes registered at Oachira Police Station, Kollam: Crime No.1101/2018 (leading to Calendar Case No.471/2019 in the Judicial First Class Magistrate’s Court, Karunagappally) under IPC sections 323, 498A and 34; and Crime No.97/2019 (leading to Calendar Case No.460/2019) under sections 447, 451, 294(b), 323, 427 and 34. The petitioners include the husband and family members of the de facto complainant in matrimonial disputes with the complainant, Sona Noushad. The Court facilitated mediation through the Mediation Centre attached to this Court, resulting in a comprehensive settlement signed on 11.07.2019. Relying on Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab (paragraph 29), the Court exercised its powers under Section 482 Cr.P.C. to quash non–compoundable offences where disputes have been settled and prosecution would serve no useful purpose. The Court found a genuine settlement and that continuing criminal proceedings would waste precious judicial time. Accordingly, it quashed the final reports/charge sheets relating to Crime No.1101/2018 (C.C.471/2019) and Crime No.97/2019 (C.C.460/2019), disposed of related petitions, and directed appropriate records to be adjusted.

Provisions of Law Cited

Cr.P.C. Section 482IPC Section 323IPC Section 498AIPC Section 34IPC Sections 447IPC Section 451IPC Section 294(b)IPC Section 323IPC Section 427

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 contend that a bona fide, comprehensive settlement of all matrimonial and related disputes, achieved via mediation at the Court's Mediation Centre (signed 11.07.2019), renders continued criminal proceedings futile and wasteful. They rely on the settled disputes principle under Section 482 Cr.P.C., citing Gian Singh and Narinder Singh to urge quashing of proceedings even for non-compoundable offences where settlement exists and furtherance of prosecution would not serve public justice or court efficiency.

Contentions of Respondents

The respondents acknowledge the mediation and settlement, with the prosecution not opposing quashment on account of resolution of disputes. They emphasize that quashing would prevent unnecessary litigation and conserve judicial time, while ensuring appropriate actions to be taken on the record in light of the mediated agreement.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab(2012) 10 SCC 303PositiveCourt applied Gian Singh’s doctrine permitting quashing of proceedings under Sec.482 Cr.P.C. where a genuine settlement of disputes exists and prosecution would not serve the ends of justice.
Narinder Singh and others v. State of Punjab and anr(2014) 6 SCC 466PositiveCourt relied on Narinder Singh to reinforce the principle that settlement of disputes can justify quashing under Sec.482 Cr.P.C.

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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**