Kerala High Court
Navas vs State Of Kerala on 23 June, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
CRL.MC NO. 3304 OF 2022
CR.NO.547/2019 OF PAYYOLI POLICE STATION, CC 4/2020 OF JFCM,
PAYYOLI.
PETITIONERS/ACCUSED 1 TO 4:
1 NAVAS
AGED 39 YEARS
S/O KUNHABDULLA HAJI , KARIVAYIPOIL PURAMERI (PO)
VAYAL PEEDIKAYIL, KUNINGAD, VADAKARA TALUK,
KOZHIKODE PIN - 673501
2 KUNHABDULLA HAJI ,AGED 70 YEARS, S/O PALLIKUTTY,
KARIVAYIPOIL PURAMERI (PO), VAYAL PEEDIKAYIL,
KUNINGAD, VADAKARA TALUK, KOZHIKODE, PIN - 673501
3 FOUSIYA, AGED 46 YEARS
W/O SHAMSUDHEEN THAYYAT HOUSE , KURIKKILAD (PO)
VADAKARA TALUK, KOZHIKODE, PIN - 673104
4 SHAMSIYA RAFEEQ,W/O RAFEEQ, AGED 37 YEARS,
MEETHALEKARAYIL, NARIKKATTERI, CHELEKKAD PO,
VADAKARA TALUK, KOZHIKODE 673506
BY ADVS.
NABIL KHADER
C.BHASKARAN
RESPONDENTS/STATE/DEACTO COMPLAINANT:
Crl.M.C.No.3304/2022
-:2:-
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 MUHSINA
AGED 26 YEARS
D/O MAMMED , MARACHIL HOUSE PAYYOLI (PO), MELADI
AMSOM DESOM, KOYILNADY TALUK , KOZHIKODE, PIN -
673522
BY ADV MAHENDRAKUMAR K.
SMT. T.V. NEEMA, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.06.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3304/2022
-:3:-
ORDER
Dated this the 23rd day of June, 2022 This Crl.M.C. has been preferred to quash Annexure A2 Final Report in C.C.No.4/2020 on the file of the Judicial First Class Magistrate Court, Payyoli on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 to 4. The 2 nd respondent is the defacto complainant.
3. The offences alleged against the petitioners are punishable under Sections 313, 498 A and 406 read with Section 34 of IPC.
4. The respondent No.2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. Nabil Khader, the learned counsel for the petitioners, Sri. Mahendrakumar K., the learned counsel for the respondent No.2 and Smt. T.V. Neema, the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in by the respondent No.2 would show that the entire Crl.M.C.No.3304/2022 -:4:- 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 Crl.M.C.No.3304/2022 -:5:- nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure A2. 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 A2 Final Report in C.C.No.4/2020 on the file of the Judicial First Class Magistrate Court, Payyoli hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp Crl.M.C.No.3304/2022 -:6:- APPENDIX OF CRL.MC 3304/2022 PETITIONER ANNEXURES Annexure A1 THE TRUE PHOTOCOPY OF FIR IN CRIME NO.
547 OF 2019 DATED 28/09/2019 Annexure A2 THE CERTIFIED COPYOF THE FINAL REPORT/CHARGE WITH WITNESS LIST IN C.C. NO.4/2020 ON THE FILES OF JFCM COURT, PAYYOLI DATED 29/11/2019 Annexure A3 AFFIDAVIT OF 2ND RESPONDENT DATED 28/12/2021