Banniesh Alias Banniesh Mujasaba vs State Of Kerala
2022 Latest Caselaw 3075 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 17TH DAY OF MARCH 2022/ 26TH PHALGUNA, 1943
                   CRL.MC NO. 583 OF 2022
  AGAINST THE ORDER/JUDGMENT IN CC 691/2017 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA
PETITIONERS/ACCUSED NOS.1 TO 3:

    1      BANNIESH ALIAS BANNIESH MUJASABA, AGED 41 YEARS
           S/O.MUHAMMED KUNHI, KUDUKKIL HOUSE, CHENAKKAL,
           TENHIPALAM, CALICUT UNIVERSITY P.O., KONDOTTY
           TALUK, MALAPPURAM DIST. - 676 635.
    2      MUHAMMED KUNHI, AGED 67 YEARS, MANNATH HOUSE,
           VALIYAKUNNU P.O., VALANCHERY, TIRUR TALUK,
           MALAPPURAM DIST. - 676 552.
    3      JAMEELA T.T., AGED 58 YEARS, W/O.MUHAMMED
           KUNHI, MANNATH HOUSE, VALIYAKUNNU P.O.,
           VALANCHERY,TIRUR TALUK,MALAPPURAM DIST-676 552.
           BY ADV P.K.MOHAMED JAMEEL
RESPONDENTS/COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM - 682 031.
    2      DALIYA, AGED 35 YEARS, D/O.NASARUDHEEN,
           PALATHINGAL HOUSE, PUTHANANGADAI P.O.,
           PERINTHALMANNA TALUK, MALAPPURAM DIST-679 321.
           BY ADV RAFFEEKH.K

           SMT T V NEEMA -SR PP
    THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR
ADMISSION ON 17.03.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No.583/2022

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                            ORDER

Dated this the 17th day of March, 2022

This Crl.M.C. has been preferred to quash Annexure-A1

Final Report in C.C. No. 691 /2017 of Judicial First Class

Magistrate Court-I, Perinthalmanna on the ground of

settlement between the parties.

2. The petitioners are the accused nos.1 to 3. The 2nd

respondent is the de facto complainant.

3. The offences alleged against the petitioners are

under Sections.498(A), 406 r/w34 of the IPC.

4. The 2nd respondent entered appearance through

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

5. I have heard Sri.Mohammed Jameel P.K, the learned

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

for the 2nd respondent 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 2 nd respondent would show that the Crl.M.C. No.583/2022

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entire dispute between the parties has been amicably settled

and the de facto complainant has decided not to proceed with

the crime 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. Crl.M.C. No.583/2022

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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-

A1. 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 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-A1 Final Report

in C.C. No. 691 /2017 of Judicial First Class Magistrate Court-I,

Perinthalmanna stands hereby quashed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE ded/17.03.2022 Crl.M.C. No.583/2022

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APPENDIX OF CRL.MC 583/2022

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.691/2017 OF PERINTHALMANNA POLICE STATION.

Annexure A2 TRUE COPY OF THE AGREEMENT DATED 10/12/2021 BETWEEN 1ST PETITIONER AND 2ND RESPONDENT.

Annexure A3 ORIGINAL AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE