Kerala High Court
Khader vs Faizal on 22 July, 2014
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 22ND DAY OF JULY 2014/31ST ASHADHA, 1936
Crl.MC.No. 2535 of 2014 ()
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CRIME NO. 791/2014 OF TOWN EAST POLICE STATION , TRISSUR
PETITIONER(S):
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1. KHADER, AGED 57 YEARS
S/O.ABUBACKER, KARUPPAMVEETTIL HOUSE, CHOWALLOORPADI
KANDANISSERRY, THRISSUR DISTRICT
2. KHAIS KHADER, AGED 25 YEARS
S/O.KHADER, KARUPPAMVEETTIL HOUSE, CHOWALLOORPADI
KANDANISSERRY, THRISSUR DISTRICT.
3. MANU SHAHUL, AGED 26 YEARS
S/O.SHAHUL, PANICKAVEETIL HOUSE
CHERAVALLOOR P.O THRISSUR DISTRICT, PIN.680 321
BY ADV. SRI.S.JUSTUS
RESPONDENT(S)/DE-FACTO COMPLAINANT/STATE:
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1. FAIZAL, AGED 35 YEARS
S/O.ALI, CHALIL HOUSE, KADAPPURAM PO
CHAVAKKAD & THRISSUR DISTRICT, PIN.680514
2. THE SUB INSPECTOR
THRISSUR EAST POLICE STATION
THRISSUR DISTRICT-680001
3. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADV. SRI.V.SETHUNATH
BY PUBLIC PROSECUTOR SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2535 of 2014 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNX.1 - TRUE COPY OF THE FIR & COMPLAINT IN CRIME NO.791/2014 OF
THRISSUR EAST POLICE STATION, ON THE FILE OF THE JFCM, NO.1, THRISSUR.
ANNX.2 - TRUE COPY OF THE AFFIDAVIT FILED BY THE 1ST PETITIONER.
RESPONDENT(S)' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
dlk
K.RAMAKRISHNAN, J.
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CRL.M.C.NO.2535 OF 2014
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Dated this the 22nd day of July, 2014
ORDER
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This is an application filed by the petitioners who are the accused in crime No.791/2014 of Thrissur East Police Station to quash the proceedings on the basis of settlement under section 482 of code of criminal procedure.
2. It is alleged in the petition that petitioners are arrayed as accused in Crime No.791/2014 of Thrissur East Police Station which was registered on the basis of a complaint given by the first respondent, alleging offences under section 143, 147, 148, 417, 420, 506 r/w 149 of Indian Penal Code. The matter has been settled between the parties. All the connected cases related to this have been settled. The parties are relatives as well. The case has been registered because third petitioner has filed a complaint against the first respondent and which has resulted in another crime alleging offence under section 498A and 406 of Indian Penal Code and all these cases were settled in the mediation and they have decided to withdraw all the cases. Since it is in the crime stage, they will not drop the proceedings and court also will not entertain compounding at that stage. So the petitioners have no other remedy except to approach this court seeking the following relief:-
CRL.M.C.NO.2535 OF 2014 2
"to quash all further proceedings in crime No.791/2014 of Thrissur east Police Station for offences under sec.143, 147, 148, 417, 420, 506 r/w 34 of the I.P.C., on the file of the J.F.M.C, No.1, Thrissur".
3. First respondent appeared through counsel and submitted that the matter has been settled between the parties. He has no objection in quashing the proceedings and he had filed an affidavit stating these facts as well.
4. The counsel for the petitioner also submitted that in view of the settlement, there is no possibility of conviction. So he prayed for allowing the application.
5. The learned Public Prosecutor on instructions, as directed by this court, submitted that it is a family dispute and after investigation, they have already prepared a draft final report stating that it is a case of civil dispute and filed before the higher authorities seeking sanction to file refer charge before the court.
6. It is an admitted fact that petitioners and first respondent are relatives. There were other cases between the petitioners, first respondent and other family members also pending before other courts as well. The matter has been now settled between the parties and they have decided to withdraw the all the case including the prosecution initiated. Since some of the offences are non compoundable in nature and also it is in the crime stage, now they cannot move the police or the court below. The learned CRL.M.C.NO.2535 OF 2014 3 Public Prosecutor submitted that they have already decided to refer the case as it is a civil dispute. Considering the fact that matter has been settled between the parties, this court feels that the power under section 482 of Code of Criminal Procedure can be invoked to quash the proceedings, so as to give the end to the litigations and avoid future litigation between the parties. Further in the decision reported in Gian Singh V. State of Punjab [2012 (4) KLT 108 (SC)], the Hon'ble Supreme Court has held that on account of the family dispute, if a crime has been registered and that dispute has been settled between the parties due to the intervention of the mediators and well wishers, then the court must honour such settlement and even if non compoundable offences are incorporated, that will have to be quashed by invoking the power under section 482 of Code of Criminal Procedure. So, in view of the dictum laid on in the above decision, and also considering the fact that the matter has been settled between the parties and it is a family dispute and the settlement has been arrived at due to the intervention of well wishers of both the parties and possibility of conviction is remote, this court feels that it is a fit case, where the power under section 482 of Code of Criminal Procedure has to be invoked to quash he proceedings in order to promote the settlement and harmony that has been restored in the family and pendency of this case should not be hurdle for the same.
CRL.M.C.NO.2535 OF 2014 4
So the petition is allowed and further proceedings in crime No.791/2014 of Thrissur East Police Station as against the petitioners is quashed.
Office is directed to communicate this order to the Chief Judicial Magistrate, Thrissur so as to inform the concerned police station for further necessary action in this regard.
sd/-
K.RAMAKRISHNAN, JUDGE R.AV