Abdul Shafeeque M Alias Shafeeque vs The State Of Kerala
2022 Latest Caselaw 1268 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
         FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                        CRL.MC NO. 2055 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 261/2019 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -II, KASARAGOD
9CRIME NO. 438/2018 OF MANJESHWAR POLICE STATION, KASARAGOD DISTRICT.


PETITIONERS/ACCUSED 1 TO 4 :

     1      ABDUL SHAFEEQUE M ALIAS SHAFEEQUE
            AGED 29 YEARS
            S/O. ABDUL RAHIMAN, RESIDING AT K.A.A MANZIL, KADAMBAR
            P.O, PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD
            DISTRICT.

     2      MARIYAMMA,
            AGED 65 YEARS
            W/O. ABDUL RAHIMAN, RESIDING AT K.A.A MANZIL, KADAMBAR
            P.O, PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD
            DISTRICT.

     3      MUHAMMED ALI
            AGED 43 YEARS
            W/O. ABDUL RAHIMAN, RESIDING AT K.A.A MANZIL, KADAMBAR
            P.O, PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD
            DISTRICT.

     4      MAIMUNA
            AGED 39 YEARS
            W/O. ABDUL RAHIMAN, RESIDING AT K.A.A MANZIL, KADAMBAR
            P.O, PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD
            DISTRICT.

            BY ADVS.
            T.MADHU
            SMT.C.R.SARADAMANI
 CRL.MC NO. 2055 OF 2021

                                   2

RESPONDENTS/STATE:

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

2 THE STATION HOUSE OFFICER THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, KASARAGOD DISTRICT 671 323

3 AYSHATH SAMEERA AGED 21 YEARS D/O. ASHRAF, RESIDING AT AMEERA MANZIL, HIDAYATH NAGAR, UPPALA P.O MANJESHWAR TALUK, KASARAGOD DISTRICT 671 322

OTHER PRESENT:

SR.PP-SMT.T.V.NEEMA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2055 OF 2021

OR DER

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

Report in Crime No.438/2018 of Manjeshwar Police Station,

Kasaragod on the ground of settlement between the parties.

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

respondent is the defacto complainant.

3. The offences alleged against the petitioners are under

Sections 498A and 323 of IPC. There are no ingredients to

attract the offence under Section 376 of IPC.

4. The respondent No.3 entered appearance through

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

5. I have heard Sri.T.Madhu, the learned counsel for the

petitioners, Sri.Padmanabha.K., the learned counsel for the

respondent No.3 and Smt.T.V.Neema, the learned Senior 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

dispute between the parties has been amicably settled and the de

facto complainant has decided not to proceed with the crime CRL.MC NO. 2055 OF 2021

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 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 AI. 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 CRL.MC NO. 2055 OF 2021

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 AI Final Report in

Crime No. 438/2018/2021 of Manjeshwar Police Station stands

hereby quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE al/-

CRL.MC NO. 2055 OF 2021

APPENDIX OF CRL.MC 2055/2021

PETITIONER ANNEXURES

ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 438/2018 OF MANJESHWAR POLICE STATION, KASARAGOD DISTRICT.

ANNEXURE A2 THE AFFIDAVIT DATED 23-07-2020 SWORN IN BY THE THIRD RESPONDENT.