2022 Supreme(Online)(KER) 29398
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. 8954 OF 2022 CRIME NO.524/2022 OF VIDYANAGAR POLICE STATION, KASARGOD PETITIONER/ACCUSED:
MUHAMMED RAFEEK, AGED 45 YEARS S/O.ABDUL KHADER MAARA HOUSE, SANTHOSH NAGAR CHENGALA VILLAGE, KASARGODE DISTRICT, PIN - 671541 BY ADVS.
P.K.SUBHASH RAVEENA K.R.
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 RUBEENA AGED 32 YEARS D/O ABDUL KHADER, BENCH COURT HOUSE POVVAL, MULIYAR VILLAGE KASARGODE DISTRICT, PIN - 671542
3 XXX BY ADVS.
SRI.P.G.MANU, SR. PUBLIC PROSECUTOR SMT.SREELAKSHMI SABU 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 all further proceedings in C.C.No.1051/2022 on the files of the Judicial First Class Magistrate Court-I, Kasaragod on the ground of settlement between the parties.
2. The petitioner is the accused. The 2nd respondent is the de facto complainant. The 3rd respondent is the injured.
3. The offences alleged against the petitioner are punishable under Sections 341 and 323 of the IPC and Section 75 of J.J. Act.
4. The respondents 2 and 3 entered appearance through counsel. Affidavits sworn in by them are also produced.
5. I have heard Sri.P.K.Subhash, the learned counsel for the petitioner, Smt.Sreelakshmi Sabu, the learned counsel for the respondents 2 and 3 and Sri.P.G.Manu, the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavits sworn in by the respondents 2 and 3 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 they 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 all further proceedings in C.C.No.1051/2022 on the files of the Judicial First Class Magistrate Court-I, Kasaragod. 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. All further proceedings in C.C.No.1051/2022 on the files of the Judicial First Class Magistrate Court-I, Kasaragod hereby stands quashed.