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. 3520 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1661/2015 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,TIRUR
CRIME NO. 1297/2015 OF TIRUR POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED Nos. 1 TO 3:
1 AHAMMED SUHAIB
AGED 36 YEARS
S/O.MAMMIKUTTY @ BAPPUTTY HAJI
MADHUKKAL HOUSE, EDAKKANAD,
MUTTANNUR POST, MALAPPURAM DISTRICT, PIN -
676561
2 AYISHABHEEVI
AGED 55 YEARS
W/O.MAMMIKUTTY @ BAPPUTTY HAJI
MADHUKKAL HOUSE, EDAKKANAD,
MUTTANNUR POST, MALAPPURAM DISTRICT, PIN -
676561
3 ASHIFA
AGED 33 YEARS
D/O MAMMIKUTTY @ BAPPUTTY HAJI
MADHUKKAL HOUSE, EDAKKANAD,
MUTTANNUR POST, MALAPPURAM DISTRICT, PIN -
676561
BY ADV M.P.PRIYESHKUMAR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGHCOURT OF KERALA
ERNAKULAM, PIN - 682031
Crl.M.C.No.3520 of 2022
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2 THAHSIN
AGED 30 YEARS
D/O UMMER FAROOK
JASMIN COTTAGE, THALAKKAD
PARASSERI, B.P ANGADI POST,
MALAPPURAM DISTRICT, PIN - 676102
BY ADV DIVYA T.P.
SRI SANGEETHA RAJ-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.3520 of 2022
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ORDER
This Crl.M.C. has been preferred to quash Annexure B Final Report in C.C. No. 1661/2015 on the file of the Judicial First Class Magistrate's Court, Tirur on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 to 3. The respondent No. 2 is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 406 and 498A r/w 34 of the IPC.
4. The respondent No. 2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. Priyesh Kumar, the learned counsel for the petitioners, Smt. Divya T.P, the learned counsel for the respondent No. 2 and Sri. Sangeetha Raj, the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit Crl.M.C.No.3520 of 2022 ..4..
sworn in by the respondent No. 2 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.3520 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 B. 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 B Final Report in C.C. No. 1661/2015 on the file of the Judicial First Class Magistrate's Court, Tirur hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV/01/07/2022 Crl.M.C.No.3520 of 2022 ..6..
APPENDIX OF CRL.MC 3520/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FIR IN CRIME NO.1297/2015 OF TIRUR POLICE STATION, MALAPPURAM Annexure B CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1661/2015 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR ARISING FROM CRIME NO.1297/2015 OF TIRUR POLICE STATION.
Annexure C AFFIDAVIT