Samyoon vs The State Of Kerala
2022 Latest Caselaw 9926 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                      CRL.MC NO. 3081 OF 2019
    AGAINST THE ORDER/JUDGMENT IN CC 600/2018 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER/ACCUSED:

           SAMYOON
           AGED 36 YEARS
           S/O. MOIDU MOULAVI, MUNDEKATTU HOUSE, PUTHUPONNANI,
           PALLIPPADI, PONNANI SOUTH P.O.,
           PONNANI TALUK, MALAPPURAM DISTRICT.
           BY ADV K.B.ARUNKUMAR


RESPONDENTS/STATE & DE FACTO COMPLAINANT:

    1      THE STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
           KERALA, ERNAKULAM 682 031.
    2      THE SUB INSPECTOR OF POLICE
           PONNANI POLICE STATION, MALAPPURAM DISTRICT 679
           577.
    3      AYSHABI,
           AGED 29 YEARS
           D/O. HAMSA HAJI, MUNDEKATTU HOUSE, KOTI,
           IIIATHATADAM, TIRUR, MALAPPURAM DISTRICT 679 101.
           BY ADV SRI.P.VENUGOPAL (1086/92)


           SRI SANGEETHA RAJ-PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M C. No. 3081 of 2019

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                                   ORDER

This Crl.M.C. has been filed to quash all further

proceedings in Annexure-2 Final Report in CC No. 600/2018 on

the file of the Judicial First Class Magistrate's Court, Ponnani.

During the pendency of the above Crl.M.C., the matter has been

settled between the parties.

2. The petitioner is the sole accused. The respondent No.

3 is the de facto complainant.

3. The offences alleged against the petitioner are

punishable under Sections 406, 498A r/w 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. K B Arunkumar, the learned counsel

for the petitioner, Sri. P Venugoapl, the learned counsel for the

respondent No. 3 and Sri. Sangeetha Raj, the learned Public

Prosecutor.

6. The averments in the petition as well as the affidavit

sworn in by the respondent No. 3 would show that the entire Crl. M C. No. 3081 of 2019

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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.

8. The dispute in the above case is purely personal in

nature. No public interest or harmony will be adversely affected by Crl. M C. No. 3081 of 2019

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quashing the proceedings pursuant to Annexure-2. 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-2 Final Report

in CC No. 600/2018 on the file of the Judicial First Class

Magistrate's Court, Ponnani hereby stands quashed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE RMV Crl. M C. No. 3081 of 2019

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APPENDIX OF CRL.MC 3081/2019

PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE FIR ALONG WITH FIS IN CRIME NO. 187/2011 OF PONNANI POLICE STATION.

ANNEXURE 2 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 295/2011 ON THE FILE OF JUDICIAL FIRS CLASS MAGISTRATE COURT, PONNANI. ANNEXURE 3 THE TRUE COPY OF THE JUDGMENT IN C.C. NO.

295/2011 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI.