IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
CRL.MC NO. 3196 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 2121/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,PARAPPANANGADI
CRIME NO. 654/2021 OF PARAPPANANGADI POLICE STATION
PETITIONERS/ACCUSED:
1 FABIR
AGED 36 YEARS
KAPPAD VALIYAPEDIYEKKAL HOUSE, STADIUM ROAD,
PARAPPANAGADI, IN CODE- 676303., PIN - 676303
2 RASIYA BEEVI
AGED 56 YEARS
KAPPAD VALIYAPEDIYEKKAL HOUSE, STADIUM ROAD,
PARAPPANAGADI, PIN CODE- 676303, PIN - 676303
3 BABU MANAF
AGED 50 YEARS
KANNIKATTIL PUTTEKADAVATH HOUSE, PUCHAPADAM,
VAZHAYOOR EAST, VAZHAYOOR, PIN CODE- 676303.,
PIN - 676303
BY ADV SAYED MANSOOR BAFAKHY THANGAL
RESPONDENTS/STATE, DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE, PARAPPANAGADI
POLICE STATION, MALAPPURAM, PIN CODE -676303.
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
3 SUHANA THASNI
AGED 26 YEARS
KAPPATTU VALIYAPEEDIYEKKAL HOUSE, STADIUM ROAD,
PARAPPANAGADI, MALAPURAM, PIN CODE- 676303.,
PIN - 676303
Crl.M.C.No.3196 of 2022
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BY ADV CHRISTEENA P GEORGE
SRI P G MANU-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3196 of 2022
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ORDER
This Crl.M.C. has been preferred to quash Annexure-1 Final Report in C.C. No. 2121/2021 on the file of the Judicial First Class Magistrate's Court, Parappanangadi on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 to 3. The respondent No. 3 is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 406, 498A read with 34 of the IPC.
4. The respondent No. 3 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. Sayed Mansoor Bafakhy Thangal , the learned counsel for the petitioners, Smt. Christeena P George, the learned counsel for the respondent No.3 and Sri. P. G. Manu, the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit Crl.M.C.No.3196 of 2022 ..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 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.
Crl.M.C.No.3196 of 2022 ..5..
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-1. 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-1 Final Report in C.C. No. 2121/2021 on the file of the Judicial First Class Magistrate's Court, Parappanangadi hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV/01/07/2022 Crl.M.C.No.3196 of 2022 ..6..
APPENDIX OF CRL.MC 3196/2022
PETITIONER ANNEXURES
Annexure1 FINAL REPORT
Annexure2 AFFIDAVIT