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2022 Supreme(Online)(KER) 13638
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 CRL.MC NO. 7078 OF 2022 CRIME NO.384/2021 OF BEYPORE POLICE STATION, KOZHIKODE CC 468/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, KOZHIKODE PETITIONERS/ACCUSED:
1 MUHAMED SHAKEER, AGED 41 YEARS S/O IBRAHIMKUTTY, KOTHOTH HOUSE, PAYURTHOTTAM KUMARANELLUR P.O, KOZHIKODE TALUK, KOZHIKODE DT, PIN - 673001
2 RUKIYA C.T., AGED 63 YEARS W/O IBRAHIMKUTTY, KOTHOTH HOUSE, PAYURTHOTTAM KUMARANELLUR P.O, KOZHIKODE TALUK, KOZHIKODE DT, PIN - 673001
3 SALEENA, AGED 36 YEARS D/O IBRAHIMKUTTY, KOTHOTH HOUSE, PAYURTHOTTAM KUMARANELLUR P.O, KOZHIKODE TALUK, KOZHIKODE DT, PIN - 673001 4 SAJINA, AGED 34 YEARS D/O IBRAHIMKUTTY, KOTHOTH HOUSE, PAYURTHOTTAM KUMARANELLUR P.O, KOZHIKODE TALUK, KOZHIKODE DT, PIN - 673001 BY ADVS.
M.R.REENA P.S.SUJETH RESPONDENTS/STATE, DE FACTO COMPLAINANT:
1 SAFOORA T, AGED 30 YEARS D/O ISMAIL, ARAYANTHOPPIL HOUSE , MANNINGAPARAMBA O.M ROAD, BEYPORE , KOZHIKODE, PIN - 673015
2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV K.SURESHBABU (KOCHIN), SRI.P.G.MANU, SR.P.P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
This Crl.M.C. has been preferred to quash Annexure-A1 Final Report in C.C.No.468/2022 on the files of the Judicial First Class Magistrate Court-V, Kozhikode on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 to 4. The 1st respondent is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 498A, 406 r/w 34 of IPC.
4. The 1st respondent entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Smt. M.R.Reena, the learned counsel for the petitioners, Sri. K.Sureshbabu, the learned counsel for the 1st respondent and Sri.P.G.Manu, the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in by the 1st respondent would show that the entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the criminal proceedings further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the investigating officer and a statement of the de facto complainant was also recorded wherein she reported that the matter was amicably settled.
7. The Apex Court in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of the case or to ensure the ends of justice or to prevent abuse of process of any Court.
8. The dispute in the above case is purely personal in nature.
No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure-A1. The offences in question do not fall within the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).
For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the Crl.M.C. is allowed. Annexure-A1 Final Report in C.C.No.468/2022 on the files of the Judicial First Class Magistrate Court-V, Kozhikode hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
APPENDIX OF CRL.MC 7078/2022 PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 384 OF 2021 OF BEYPORE POLICE STATION KOZHIKODE ANNEXURE A2 AN AGREEMENT EXECUTED BETWEEN THE FIRST PETITIONER AND THE FIRST RESPONDENT DATED
09/05/2022 ANNEXURE A 3 AFFIDAVIT FILED BY THE FIRST RESPONDENT DATED 09/09/2022
