Firose vs The State Of Kerala
2021 Latest Caselaw 19755 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                    CRL.MC NO. 2146 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRA 478/2019 OF ADDITIONAL
              DISTRICT COURT, KOZHIKODE, KOZHIKODE
PETITIONER/APPELLANT/ACCUSED:

         FIROSE
         AGED 39 YEARS
         S/O HUSSAIN,
         PALLIYALI MANAYIL HOUSE,
         P.O. NALLALAM, KOZHIKODE-673027.

         BY ADVS.
         SRINATH GIRISH
         SRI.P.JERIL BABU


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

    1    THE STATE OF KERALA
         REPRESENTED BY THE PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM-682031.

    2    SHAMNA
         AGED 30 YEARS
         D/O HUSSAIN, THATTATHIL SHIBINA MANZIL,
         KARUVANTHRATHI, KOZHIKODE-673631.

         BY ADV HALVI K.S.

         BY ADV.SMT.C.SEENA, PUBLIC PROSECUTOR


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CRL.M.C.NO.2146 OF 2021
                                -2-



                              ORDER

Petitioner is the appellant in Crl.A. No.478/2019, pending

before the First Additional Sessions Court, Kozhikode, filed against

the judgment in C.C.No.392/2016 on the file of the Judicial First

Class Magistrate Court-V, Kozhikode. The 2nd respondent is the wife

of the petitioner.

2. The case was registered based on a private complaint

filed by the 2nd respondent before the Judicial First Class

Magistrate Court V, Kozhikode against the petitioner, his father,

mother and brother. Copy of the complaint is produced as

Annexure A1. Annexure A2 is the copy of the FIR. Subsequently,

the case was transferred to Nallalam Police Station and Annexure

A3 is the copy of the FIR registered in Nallalam Police Station.

After investigation, final report was filed and Annexure A4 is the

copy of the Final Report. Annexure A5 is the certified copy of the

judgment in C.C.392/2016 of the Judicial First Class Magistrate

Court-V, Kozhikode.

3. Aggrieved by Annexure A5 judgment, the petitioner

herein filed Annexure A6 Crl.A.No.478/2019, which is now pending

before the First Additional Sessions Court, Kozhikode and also the CRL.M.C.NO.2146 OF 2021

case was referred for mediation and the parties settled the matter

with the intervention of mediator.

4. Annexure A7 is the mediation agreement which would

reveal that the petitioner and the defacto complainant are

presently living together and they have decided to live together in

future. The petitioner also undertaken not to subject the second

respondent/defacto complainant to any sort of physical or mental

violence. She also agreed for the acquittal of the appellant/accused

in the criminal appeal.

5. Adv.Halvi K.S. is appearing on behalf of the defacto

complainant.

6. The learned Public prosecutor, on instruction, also

submitted that the issues between the parties have been amicably

settled. Annexure A8 is the subsequent affidavit sworn in by the

defacto complainant which also would make it clear that the

matrimonial issues between the petitioner and defacto complainant

have been amicably settled and they are living together. In the

affidavit, she categorically stated that she has no objection in

quashing the judgment in C.C.392/2016 of the Judicial First Class

Magistrate Court V, Kozhikode now under challenge in Crl.Appeal

No.478/2019 pending before the First Additional Sessions Court, CRL.M.C.NO.2146 OF 2021

Kozhikode.

7. In Biju Kumar v.State of Kerala and Another

(2013(3) KLJ, 38 = 2013 (2) KHC 569) a learned Single Judge

of this Court quashed a proceedings even at the revisional stage,

in veiw of the settlement of issues between the parties in a case

registered under Section 498A IPC wherein it has been

categorically held that in view of the subsequent settlement

between the parties, though the accused was convicted and that

the said conviction was upheld in appeal, still the proceedings can

be quashed under Section 482 of Cr.P.C. The principles laid down

in Gian Singh v. State of Punjab and Another (2012(10) SCC

303 = 2012 KHC 4530) and in Narinder Singh and Others v.

State of Punjab and another (2014 (6) SCC 466), had also

been followed in the above decision. In the present case also, the

offence registered against the petitioner along with other accused

were under Sections 498A and 323 read with Section 34 IPC.

8. The issues between the petitioners and the defacto

complainant are purely personal in nature. No public interest is

involved. Since the parties have amicably settled the matter, there

is no purpose in continuing the criminal proceedings against the

petitioner.

CRL.M.C.NO.2146 OF 2021

9. In Gian Singh v. State of Punjab and Another

(2012 10 SCC 303 : 2012 KHC 4530) a three Judge Bench of

the Hon'ble Supreme Court while dealing with Section 482 of the

Code of Criminal Procesure, 1973 has held that criminal cases

having civil flavour and arising from commercial, financial

merchantile, civil, partnership, matrimony relating to dowry or

family disputes where wrong is private or personal in nature can

be quashed in view of the settlement between the parties.

In the result, the judgment in C.C.392/2016 of the Judicial

First Class Magistrate-V, Kozhikode which is now pending as

Crl.Appeal No.478/2019 on the file of the First Additional Sessions

Court, Kozhikode, is hereby quashed.

Sd/-

M.R.ANITHA JUDGE nkr CRL.M.C.NO.2146 OF 2021

APPENDIX OF CRL.MC 2146/2021

PETITIONER ANNEXURE

ANNEXURE-A1 TRUE COPY OF THE PRIVATE COMPLAITN DATED 19/08/2015.

ANNEXURE-A2 TRUE COPY OF THE FIR NO.893/2015 DATED 26/08/2015 OF FEROKE POLICE.

ANNEXURE-A3 TRUE COPY OF THE FIR NO.1092/2015 DATED 31.08.2015 OF NALLALAM POLICE.

ANNEXURE-A4 TRUE COPY OF THE FINAL REPORT.

ANNEXURE-A5 CERTIFIED COPY OF THE JUDGMENT IN CC.392/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, V KOZHIKODE.

ANNEXURE-A6 TRUE COPY OF THE APPEAL MEMORANDUM IN CRL.APPEAL.478/2019.

ANNEXURE-A7 TRUE COPY OF THE REPORT DATED 30.01.2021 OF THE MEDIATOR FORWARDED BY THE CO-ORDINATOR, DISTRICT MEDIATION CENTRE.

ANNEXURE-A8 AFFIDAVIT DATED 05.03.2021 SUBMITTED BY THE 2ND RESPONDENT.