The petitioners herein are the accused in the impugned Anx-

A2 final report filed in Anx. A1 FIR in Crime No.1057/2018 of

Parippally Police Station in Kollam District, registered for offences

punishable under Secs. 143, 147, 323, 354, and 149 of the IPC.,

which has led to the institution of Calendar Case, C.C.No.26/2019

on the file of Judicial First Class Magistrate Court (Temperory),

Paravoor, on the basis of the complaint of the 3 ^rd respondent

defacto complainant. The prosecution allegation is that on

2.12.2018, the petitioners have attacked the de facto complainant

and her husband and used obscene words against the defacto

complainant and thereby the accused have committed the abovesaid

offences. It is stated that now the entire disputes between the

petitioners and respondents 3 to 6 have been settled amicably and

that respondents 3 to 6 have sworn to Anx-A3 to A6 affidavits

before this Court, wherein it is stated that they have settled the

entire disputes with the petitioners and that they have no objection

for quashment of the impugned criminal proceedings pending

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against the petitioners. 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 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

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thereof, and Yogendra Yadav & others v. The State of Jharkhand &

another reported in 2014 (9) SCC 653 =2014 (8) Scale 634 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-A2 final report filed in Anx-A1 FIR in Crime

No.1057/2018 of Parippally Police Station, Kollam District, which

has led to the institution of Calendar Case, C.C.No.26/2019 on the

file of Judicial First Class Magistrate Court (Temperory), Paravoor,

and all further proceedings arising therefrom pending against the

accused persons will stand quashed.

The petitioners will produce certified copies of this order

before the investigating officer concerned and the competent court

below concerned for necessary information. The office of the

Advocate General will forward a copy of this order to the

investigating officer concerned for information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,

Judge.

bkn/-

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APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1

CERTIFIED COPY OF FIR NO. 1057/2018

PARIPPALLY POLICE STATION

ANNEXURE A3

CERTIFIED COPY OF FINAL REPORT FILED

BY THE 2ND RESPONDENT

ANNEXURE A3

TRUE COPY OF AFFIDAVIT FILED BY THE

3RD RESPONDENT