Kerala High Court
Safir K.S vs State Of Kerala on 27 July, 2022
CRL.MC NO. 4513 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
CRL.MC NO. 4513 OF 2022
CRIME NO.98/2020 OF ALUVA EAST POLICE STATION
PETITIONERS/ACCUSED:
1 SAFIR K.S, AGED 37 YEARS
S/O SALAVUDHEEN, KUNNUMPURATHU HOUSE,
ULIYANNOOR P.O., ALUVA, PIN - 683108
2 SALAVUDHEEN, AGED 70 YEARS
S/O PAREED, KUNNUMPURATHU HOUSE,
ULIYANNOOR P.O, ALUVA, PIN - 683108
3 SABEENA, AGED 54 YEARS
W/O SALAVUDHEEN, KUNNUMPURATHU HOUSE,
ULIYANNOOR P.O., ALUVA, PIN - 683108
4 SHAHINA, AGED 34 YEARS
D/O SALAVUDHEEN, KUNNUMPURATHU HOUSE,
ULIYANNOOR P.O., ALUVA, PIN - 683108
BY ADV N.A.SHAFEEK
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SHAFEELA P.N, AGED 34 YEARS
D/O K. NAZEER, H.NO.X/1553,
PATTATHILCHIRA HOUSE, SOUTH THAMARAPARAMBU, KOCHI
TALUK, ERNAKULAM, PIN - 682001
SMT T V NEEMA-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4513 OF 2022 2
O R D E R
This Crl.M.C. has been preferred to quash Annexure A FIR in
Crime No.98/2020 of Aluva East Police Station 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 offence alleged against the petitioners is punishable
under Section 498A r/w 34 of IPC.
4. The respondent No.2 entered appearance through counsel.
An affidavit sworn in by her is also produced.
5. I have heard Sri.N.A.Shafeek, the learned counsel for the
petitioners 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.2 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.
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 A FIR. The offence
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 FIR in Crime
No.98/2020 of Aluva East Police Station hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ab
APPENDIX OF CRL.MC 4513/2022
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.98/2020 OF ALUVA EAST
POLICE STATION, EMAKULAM DISTRICT.
Annexure B FREE COPY OF THE JUDGMENT IN
O.P.1783/2021 OF FAMILY COURT, ERNAKULAM
Annexure C AFFIDAVIT OF THE 2ND RESPONDENT
RESPONDENTS ANNEXURES: NIL
