Kerala High Court
Abdul Shafeeque M Alias Shafeeque vs The State Of Kerala on 28 January, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
CRL.MC NO. 2055 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 261/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, KASARAGOD
9CRIME NO. 438/2018 OF MANJESHWAR POLICE STATION, KASARAGOD DISTRICT.
PETITIONERS/ACCUSED 1 TO 4 :
1 ABDUL SHAFEEQUE M ALIAS SHAFEEQUE
AGED 29 YEARS
S/O. ABDUL RAHIMAN, RESIDING AT K.A.A MANZIL, KADAMBAR
P.O, PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD
DISTRICT.
2 MARIYAMMA,
AGED 65 YEARS
W/O. ABDUL RAHIMAN, RESIDING AT K.A.A MANZIL, KADAMBAR
P.O, PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD
DISTRICT.
3 MUHAMMED ALI
AGED 43 YEARS
W/O. ABDUL RAHIMAN, RESIDING AT K.A.A MANZIL, KADAMBAR
P.O, PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD
DISTRICT.
4 MAIMUNA
AGED 39 YEARS
W/O. ABDUL RAHIMAN, RESIDING AT K.A.A MANZIL, KADAMBAR
P.O, PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD
DISTRICT.
BY ADVS.
T.MADHU
SMT.C.R.SARADAMANI
CRL.MC NO. 2055 OF 2021
2
RESPONDENTS/STATE:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 2 THE STATION HOUSE OFFICER THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, KASARAGOD DISTRICT 671 323 3 AYSHATH SAMEERA AGED 21 YEARS D/O. ASHRAF, RESIDING AT AMEERA MANZIL, HIDAYATH NAGAR, UPPALA P.O MANJESHWAR TALUK, KASARAGOD DISTRICT 671 322 OTHER PRESENT:
SR.PP-SMT.T.V.NEEMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2055 OF 2021 3 OR DER This Crl.M.C. has been preferred to quash Annexure AI Final Report in Crime No.438/2018 of Manjeshwar Police Station, Kasaragod on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 to 4. The third respondent is the defacto complainant.
3. The offences alleged against the petitioners are under Sections 498A and 323 of IPC. There are no ingredients to attract the offence under Section 376 of IPC.
4. The respondent No.3 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri.T.Madhu, the learned counsel for the petitioners, Sri.Padmanabha.K., the learned counsel for the respondent No.3 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.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 crime CRL.MC NO. 2055 OF 2021 4 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 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 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 AI. 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 CRL.MC NO. 2055 OF 2021 5 Laxmi Narayan (supra).
For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter further.
Accordingly, the Crl.M.C. is allowed. Annexure AI Final Report in Crime No. 438/2018/2021 of Manjeshwar Police Station stands hereby quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE al/-
CRL.MC NO. 2055 OF 2021 6 APPENDIX OF CRL.MC 2055/2021 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 438/2018 OF MANJESHWAR POLICE STATION, KASARAGOD DISTRICT.
ANNEXURE A2 THE AFFIDAVIT DATED 23-07-2020 SWORN IN BY THE THIRD RESPONDENT.