Anas vs The State Of Kerala
2022 Latest Caselaw 5730 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       CRL.MC NO. 3913 OF 2021
  CC 360/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
                                  TIRUR
               Crime No.712/2014 of Valanchery Police Station

PETITIONER/ 1st ACCUSED:

               ANAS
               AGED 37 YEARS
               S/O. MUHAMMAD KAMAL, KOLKATTIL KALLAYATH HOUSE,
               CHOTTOOR, KARIPPOL, MALAPPURAM DISTRICT.

               BY ADV JAMSHEED HAFIZ


RESPONDENTS/STATE & DE FACTO COMPLAINANT:

    1          THE STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, PIN - 682 031.
    2          NASIRATH
               AGED 30 YEARS
               D/O. SULAIMAN, KARIYODATH HOUSE, CHANDHANAKAVU,
               VALANCHERY, MALAPPURAM DISTRICT - 676301.

               R1 BY SMT T V NEEMA -SR Public Prosecutor
               R2 BY ADV K.K.NESNA




        THIS     CRIMINAL    MISC.    CASE    HAVING    COME    UP   FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C.No.3913 of 2021


                                   ..2..




                                  ORDER

This Crl.M.C. has been preferred to quash Annexure-2

Final Report in Crime No.712/2014 of Valanchery Police Station

on the ground of settlement between the parties.

2. The petitioner is the 1st accused. It is submitted that

the 2nd accused was acquitted. The 2nd respondent is the de

facto complainant.

3. The offences alleged against the petitioner are

punishable under Sections 406 and 498A read with Section 34

of the IPC.

4. The respondent No.2 entered appearance through

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

5. I have heard Sri.Jamsheed Hafiz, the learned

counsel for the petitioner, Smt.K.K.Nesna, the learned counsel

for the respondent No.2 and Smt.T.V.Neema, the learned Senior

Public Prosecutor for the respondent No.1.

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 Crl.M.C.No.3913 of 2021

..3..

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 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-2 Crl.M.C.No.3913 of 2021

..4..

Final Report in Crime No.712/2014 of Valanchery Police Station.

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 any

further. Accordingly, the Crl.M.C. is allowed. Annexure-2 Final

Report in Crime No.712/2014 of Valanchery Police Station

hereby stands quashed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE skj Crl.M.C.No.3913 of 2021

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APPENDIX OF CRL.MC 3913/2021

PETITIONER'S ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO.712/2014 OF VALANCHERY POLICE STATION, MALAPPURAM DISTRICT.

Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.712/2014 OF VALANCHERY POLICE STATION, MALAPPURAM DISTRICT.

Annexure 3 CERTIFIED COPY OF THE JUDGMENT IN CC 2134/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, TIRUR DATED 16.03.2021.

Annexure 4 NOTARIZED AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 09.08.2021.