Kerala High Court
Siddique vs Station House Officer on 20 January, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943
CRL.MC NO. 6618 OF 2021
CRIME NO.1149/2020 OF Vadakara Police Station, Kozhikode
IN CC 84/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,VADAKARA
PETITIONERS/ACCUSED NOS.1 TO 4:
1 SIDDIQUE
AGED 31 YEARS
S/O AMMAD HAJI, PULLANKANNOTH HOUSE, PURAMERI,
VADAKARA, KOZHIKODE-673 103
2 ASIA
AGED 59 YEARS
W/O AMMAD HAJI, PULLANKANNOTH HOUSE, PURAMERI,
VADAKARA, KOZHIKODE-673 103
3 SHABNA
AGED 25 YEARS
W/O. YONUS, PULLANKANNOTH HOUSE, PURAMERI,
VADAKARA, KOZHIKODE-673 103
4 SAJEERA
AGED 27 YEARS
W/O. ASHRAF, PULLANKANNOTH HOUSE, PURAMERI,
VADAKARA, KOZHIKODE-673 103
BY ADV T.G.RAJENDRAN
RESPONDENTS/STATE & COMPLAINANT:
Crl.M.C.No.6618/2021
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1 STATION HOUSE OFFICER
VADAKARA POLICE STATION, KOZHIKODE DISTRICT-673
013
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-682 031
3 MUJEERA
AGED 31 YEARS
D/O.AMMAD, PARAKKAL MEETHAL HOUSE,
PONMERIPPARMABIL P.O., VADAKARA TALUK, KOZHIKODE-
673 542
BY ADV N.KRISHNA RAJA MAULI R3
SRI. M.P. PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.01.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.6618/2021
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ORDER
Dated this the 20th day of January, 2022 This Crl.M.C. has been preferred to quash Annexure II Final Report in Crime No. 1149/2020 of Vadakara Police Station and all further proceedings in C.C.No.84/2021 on the files of the Judicial First Class Magistrate Court, Vadakara on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 to 4. The 3 rd respondent is the defacto complainant.
3. The offences alleged against the petitioners are under Sections 498A, 406, 323 and 34 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.G. Rakemdram, the learned counsel for the petitioners, Sri. N. Krishan Raja Mauli, the learned counsel for the respondent No.3 and Sri.M.P. Prasanth, the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit Crl.M.C.No.6618/2021 -:4:- 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 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 Crl.M.C.No.6618/2021 -:5:- nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure II. 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 further. Accordingly, the Crl.M.C. is allowed. Annexure II Final Report in Crime No. 1149/2020 of Vadakara Police Station and all further proceedings in C.C.No.84/2021 on the files of the Judicial First Class Magistrate Court, Vadakara stands hereby quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
Crl.M.C.No.6618/2021
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APPENDIX OF CRL.MC 6618/2021
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CR NO.149/2020 OF VADAKARA
POLICE STATION DATED 30.10.2020
Annexure II CERTIFIED COPY OF THE FINAL REPORT IN CC
NO.84/2021
Annexure III TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN THE PETITIONER AND THE 3RD
RESPONDENT DATED 5.4.2021
Annexure IV AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT
DATED 25.11.2021