Shajahan O.P vs State Of Kerala
2022 Latest Caselaw 11888 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/ 30TH AGRAHAYANA, 1944
                     CRL.MC NO. 8840 OF 2022
     AGAINST THE ORDER/JUDGMENT IN CC 638/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
PETITIONERS/ ACCUSED NOS. 1 TO 4:

    1     SHAJAHAN O.P.
          AGED 31 YEARS, S/O. AYISHA,
          KARUMBAMKANDI, KODUVALLY,
          VALIYAPARAMBA P.O;
          KOZHIKKODE DISTRICT, PIN - 673572

    2     AYISHA
          AGED 60 YEARS, , KARUMBAMKANDI,
          KODUVALLY, VALIYAPARAMBA P.O;
          KOZHIKKODE DISTRICT, PIN - 673572

    3     THAJUDHEEN
          AGED 24 YEARS, S/O. AYISHA,
          KARUMBAMKANDI, KODUVALLY,
          VALIYAPARAMBA P.O;
          KOZHIKKODE DISTRICT, PIN - 673572

    4     NAJIYA M.M.
          AGED 21 YEARS, D/O KAREEM,
          KAYYOLICKAL, AMBALAMUKKU, RAROTH,
          KOZHIKKODE DISTRICT, PIN - 673573

          BY ADVS.
          MATHEW KURIAKOSE
          J.KRISHNAKUMAR (ADOOR)
          C.N.PRAKASH


RESPONDENTS/ STATE & VICTIM:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
 CRL.MC NO. 8840 of 2022

                            -:2:-

    2      SHAMNA
           AGED 22 YEARS, D/O. ABDUL GAFOOR,
           THATTAMPADI VALAPPU, MORIKKARA P.O.,
           KAKKODI, KOZHIKODE DISTRICT, PIN - 673611

           BY ADV MONI GEORGE

           SRI P G MANU-SR PP



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.12.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 8840 of 2022

                                  -:3:-

                               ORDER

Dated this the 21st day of December, 2022

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

Report in C.C.No.638/2022 on the file of the Judicial First Class

Magistrate Court-I, Kozhikode on the ground of settlement

between the parties.

2. The petitioners are the accused Nos. 1 to 4. The 2nd

respondent is the de facto complainant.

3. The offences alleged against the petitioners are

punishable under Sections 498 and 406 r/w 34 of Indian Penal

Code.

4. The 2nd respondent entered appearance through

counsel. An affidavit sworn in by her is also produced.

5. I have heard Sri.Mathew Kuriakose, the learned

counsel for the petitioners, Sri.Moni George, the learned counsel

for the respondent No.2 and Sri.P.G.Manu, the learned Senior

Public Prosecutor.

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

sworn in by the 2nd respondent would show that the entire CRL.MC NO. 8840 of 2022

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 CRL.MC NO. 8840 of 2022

nature. No public interest or harmony will be adversely affected

by quashing the proceedings pursuant to Annexure-A. 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-A Final Report in

C.C.No.638/2022 on the file of the Judicial First Class Magistrate

Court-I, Kozhikode hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 8840 of 2022

APPENDIX OF CRL.MC 8840/2022

PETITIONER'S ANNEXURES

Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 264/2022 OF CHEVAYOOR POLICE STATION IN KOZHIKODE DISTRICT

Annexure B CERTIFIED COPY OF THE MEMO OF EVIDENCE IN CRIME NO. 264/2022 OF CHEVAYOOR POLICE STATION IN KOZHIKODE DISTRICT

Annexure C AFFIDAVIT DATED 15.11.2022 OF THE 2ND RESPONDENT