Cherish George vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 06, 2019

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Citation: sooperkanoon.com/1853174
Court: Kerala High Court
Judge: Honourable Mr. Justice Alexander Thomas
Decided On: Mar 06, 2019
Case Number: Crl.MC/552/2019

Parties & Advocates

Appellant / Petitioner

Cherish George

Respondent

State of Kerala

Excerpt

.....the impugned anx.i fir incrime no.142/2016 of edathua police station, alappuzha district, registered for offences punishable under secs.406, 420, 498a read with sec. 34 of the i.p.c., which arose out of the complaint filed by the 2 nd respondent defacto complainant. it is stated that now the entire disputes between the petitioners and 2 nd respondent defacto complainant have been settled amicably and that the 2 nd respondent has sworn to anx.iii 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 accused in the above anx.i fir. it is in the light of these aspects that the petitioners have 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, inappropriate 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 thecrl.m.c.552/19 - : 4 :- 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.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940 Crl.MC.No. 552 of 2019 CRIME NO. 142/2016 OF Edathua Police Station , Alappuzha PETITIONER/S:
1 CHERISH GEORGE AGED 33 YEARS S/O GEORGE JOSEPH,GEEMANGALAM THOTTUVELIL HOUSE,CHEKKIDIKKADU.P.O, THAKAZHI VILLAGE,KUTTANADU TALUK, 2 SOPHIAMMA JOSEPH, AGED 59 YEARS W/O.GEORGE JOSEPH,GEEMANGALAM THOTTUVELIL HOUSE,CHKEKKIDIKKADU.P.O,THAKAZHI VILLAGE, KUTTANADU TALUK,ALAPPUZHA DISTRICT,PIN-689573. 3 GEORGE JOSEPH, AGED 65 YEARS S/O JOSEPH JOHN,GEEMANGALAM THOTTUVELIL HOUSE, CHEKKIDIKKADU.P.O,THAKAZHI VILLAGE,KUTTANADU TALUK, 4 MAREENA GEORGE, AGED 29 YEARS D/O.GEORGE JOSEPH,GEEMANGALAM THOTTUVELIL HOUSE, CHAKKIDIKKADU.P.O,THAKAZHI VILLAGE,KUTTANADU TALUK,ALAPPUZHA DISTRICT,PIN-689573. 5 TRESSA GEORGE, AGED 21 YEARS D/O GEORGE JOSEPH,GEEMANGALAM THOTTUVELIL HOUSE, CHEKKIDIKKADU.,P.O,THAKAZHI VILLAGE,KUTTANADU TALUK, BY ADV. SRI.M.P.MADHAVANKUTTY
RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN-682031. 2 JANCY JAMES D/O.JAMES.K.C,KUNNATHARA HOUSE,MALAKUNNAM.P.O, KURICHY VILLAGE,CHANGANACHERRY TALUK, KOTTAYAM DISTRICT,PIN-686573. BY ADV. SRI.T.V.SREEJITH OTHER PRESENT: SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1, SRI.T.V.SREEJITH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
================== Crl.M.C.No. 552 of 2019 ================== Dated this the 6th day of March, 2019

ORDER

The petitioners herein are the accused in the impugned Anx.I FIR in

Crime No.142/2016 of Edathua Police Station, Alappuzha district, registered for offences punishable under Secs.406, 420, 498A read with Sec. 34 of the I.P.C., which arose out of the complaint filed by the 2 nd respondent defacto complainant. It is stated that now the entire disputes between the petitioners and 2 nd respondent defacto complainant have been settled amicably and that the 2 nd respondent has sworn to Anx.III 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 accused in the above Anx.I FIR. It is in the light of these aspects that the petitioners have 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

Crl.M.C.552/19 - : 4 :- 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.I FIR in Crime No.142/2016 of Edathua Police Station, Alappuzha district and all further proceedings arising therefrom pending against all the accused in Anx. I FIR will stand quashed.

With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of. Sd/- sdk+ ALEXANDER THOMAS, JUDGE Crl.M.C.552/19 - : 5 :- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-I THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.142 OF 2016 ANNEXURE-II TRUE COPY OF THE JOINT STATEMENT SIGNED BY THE PETITIONERS AND TEH 2ND ANNEXUREM III TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Same Court & Year Kerala · 2019 Same Parties Cherish George vs State of Kerala Same Judge Honourable Mr. Justice Alexander Thomas