Kerala High Court
Dhileef Abdul Majeed @ Dileep ... vs State Of Kerala on 1 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
CRL.MC NO. 52 OF 2022
CRIME NO.12/2006 OF Wadakkancherry Police Station, Palakkad
IN LP 85/2021 (CC 397/2009) OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,ALATHUR
PETITIONERS/ACCUSED & DEFACTO COMPLAINANT:
1 DHILEEF ABDUL MAJEED @ DILEEP RAHMAN
AGED 48 YEARS, S/ ABDUL MAJEED, MISKIN MANZIL,
MUDAPPALLUR, PALAKKAD DISTRICT, NO WORKING AT
CROWN JEDDAH, BEV.CAR FACTORY, P O BOX 16626,
JEDDAH, 21474, SAUDI ARABIA,
2 ZUHRABI, AGED 48 YEARS
W/O DILEEP,D/O ALAVI, PALATH HOUSE, VELLILA POST,
MANKADA, MALAPPURAM DISTRICT, PIN-679324, RESIDING
AT P O BOX NO.104364, JEDDAH-21331, SAUDI ARABIA.
BY ADV SAIJO HASSAN
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-
682031.
2 THE SUB INSPECTOR OF POLICE, VADAKKANCHERY POLICE
STATION, PALAKKAD DISTRICT-678683.
SIR. M.P. PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.52/2022
-:2:-
ORDER
Dated this the 1st day of February, 2022
This Crl.M.C has been filed to quash the entire proceedings
initiated in terms of Annexure 1 Final Report in Crime
No.12/2006 of Vadakkanchery Police Station now pending as
L.P.No.85/2021 (C.C.No.397/2009) on the files of the Judicial
First Class Magistrate Court, Alathoor as against the 1 st
petitioner/accused on the ground of settlement.
2. The 1st petitioner is the accused and the 2nd petitioner
is the defacto complainant.
3. The offences alleged against the 1 st petitioner are
under Sections 498A, 354 and 34 of IPC.
4. Affidavit sworn in by the 2 nd petitioner/defacto
complainant is also produced.
5. I have heard Sri. Saijo Hassan, the learned counsel for
the petitioners and Sri. M.P. Prasanth, the learned Public
Prosecutor.
Crl.M.C.No.52/2022
6. The averments in the petition as well as the affidavit
sworn in by the 2nd petitioner/defacto complainant 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 crime further.
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 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 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 quashing the proceedings pursuant to Annexure 1. The
Crl.M.C.No.52/2022
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 further.
Accordingly, the Crl.M.C. is allowed. Annexure 1 Final Report in
Crime No.12/2006 of Vadakkanchery Police Station now pending
as L.P.No.85/2021 (C.C.No.397/2009) on the files of the Judicial
First Class Magistrate Court, Alathoor stands hereby quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
Crl.M.C.No.52/2022
APPENDIX OF CRL.MC 52/2022
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT DATED
28.02.2006.
Annexure A2 CERTIFIED COPY OF THE JUDGMENT IN CC
NO.110/2006 DATED 30.10.2009 PASSED BY
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, ALATHUR.
Annexure 3 AFFIDAVIT FILED BY THE SECOND
PETITIONER.
