Jaseena vs State Of Kerala
2022 Latest Caselaw 11495 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
                    CRL.MC NO. 7752 OF 2022
         AGAINST THE ORDER/JUDGMENT IN CC 732/2022 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOYILANDY
PETITIONER/COMPLAINANT:
          JASEENA
          AGED 37 YEARS, WIFE OF MUHAMMED ASHRAF,
          KOYAKKAL HOUSE, ANDIKKODE,
          THALAKOLATHUR, KOZHIKODE-673317,
          NOW RESIDING AT KANDIYIL HOUSE,
          ANNASSERY P.O.,
          KOZHIKODE., PIN - 673317

           BY ADVS.
           JACOB ABRAHAM
           KOCHUMOL KODUVATH


RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

    2      SUB INSPECTOR OF POLICE
           QUILANDY POLICE STATION,
           KOZHIKODE DISTRICT. , PIN - 673305

    3      MUHAMMED ASHRAF
           AGED 46 YEARS, SON OF ABDUL KAREEM,
           PADINHARE KABALATHIL,
           KANNAN KADAVU, KAPPADU P.O.,
           KOZHIKODE.(1ST ACCUSED), PIN - 686506

    4      JAMEELA. P.K
           AGED 51 YEARS
           WIFE OF ASHRAF, THOUHEED,
           KAPPADU P.O., KOZHIKODE.(2ND ACCUSED.)- 686506

           SRI P G MANU-SR PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09.12.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 7752 of 2022

                                 -:2:-

                              ORDER

Dated this the 9th day of December, 2022

This Crl.M.C. has been preferred to quash Annexure-2 Final

Report in C.C.No.732/2022 on the file of the Judicial First Class

Magistrate Court-I, Koyilandy on the ground of settlement

between the parties.

2. The petitioner is the defacto complainant. The 3rd

respondent is the husband and 4 th respondent is the sister in law

of the defacto complainant, who are the 1 st and 2nd accused

respectively.

3. The offences alleged against the 3rd and 4th

respondents are punishable under Sections 498-A and 406 of

Indian Penal Code.

4. An affidavit sworn in by the petitioner/defacto

complainant is also produced.

5. I have heard Sri.Jacob Abraham, the learned counsel

for the petitioner and Sri.P.G.Manu, the learned Senior Public

Prosecutor.

6. The averments in the petition as well as the affidavit CRL.MC NO. 7752 of 2022

sworn in by the petitioner 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.MC NO. 7752 of 2022

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-2. The

offences in question does 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

C.C.No.732/2022 on the file of the Judicial First Class Magistrate

Court-I, Koyilandy hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 7752 of 2022

APPENDIX OF CRL.MC 7752/2022

PETITIONER'S ANNEXURES

Annexure 1 A CERTIFIED COPY OF THIS FIR NO.272/2022 DATED 12.04.2022, KOYILANDY POLICE STATION.

Annexure 2 A CERTIFIED COPY OF FINAL REPORT DATED 24.06.2022 SUBMITTED BY THE KOYILANDY POLICE STATION BEFORE THE JFCM KOYILADY.