IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
CRL.MC NO. 3891 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 860/2019 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-I,RANNI
PETITIONERS/ACCUSED Nos. 1, 2 & 3:
1 HABEEB @ RINSHAD
AGED 34 YEARS
S/O.IBRAHIMKUTTY,
OLIKAL PUTHALIL HOUSE, OLAKKULAM,
VECHUCHIRA P.O., KOLLAMULA VILLAGE,
RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 686
511., PIN - 686511
2 IBRAHIMKUTTY
AGED 53 YEARS
S/O.FATHIMA BEEVI,
OLIKAL PUTHALIL HOUSE, OLAKKULAM,
VECHUCHIRA P.O., KOLLAMULA VILLAGE,
RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 686
511.
PIN - 686511
3 ASHRAF
AGED 29 YEARS
S/O.IBRAHIMKUTTY,
OLIKAL PUTHALIL HOUSE, OLAKKULAM,
VECHUCHIRA P.O., KOLLAMULA VILLAGE,
RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 686
511.
, PIN - 686511
BY ADV VINCENT JOSEPH
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -
682031, PIN - 682031
Crl. M.C. No. 3891 of 2022
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2 NUJUMA
AGED 28 YEARS
W/O.HABEEB,
OLIKAL PUTHALIL HOUSE, OLAKKULAM,
VECHUCHIRA P.O., KOLLAMULA VILLAGE,
RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 686
511
, PIN - 686511
BY ADVS.
KEERTHI B. CHANDRAN
V.N.MADHUSUDANAN(M-481)
SMT T V NEEMA -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No. 3891 of 2022
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ORDER
This Crl.M.C. has been preferred to quash Annexure -1 Final Report in Crime No. 636/2018 of Vechuchira police station on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1, 2 & 3. The respondent No. 2 is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 294(b), 323, 324, 498A read with 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. Vincent Joseph, the learned counsel for the petitioners, Smt. Keerthi B Chandran, the learned counsel for the respondent No.2 and Smt. T.V. Neema, the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit Crl. M.C. No. 3891 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. 3891 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 Crime No. 636/2018 of Vechuchira police station hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV Crl. M.C. No. 3891 of 2022 ..6..
APPENDIX OF CRL.MC 3891/2022 PETITIONER ANNEXURES Annexure-1 CERTIFIED COPY OF FINAL REPORT IN FIR NO. 636/J2018 OF VECHUCHIRA POLICE STATION SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, RANNI DATED 1.6.2020 Annexure-2 AFFIDAVIT SIGNED BY THE DEFACTO COMPLAINANT/2ND RESPONDENT DATED 13.6.2022