Kerala High Court
Abdul Salam.M vs State Of Kerala on 21 December, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
CRL.MC NO. 5821 OF 2023
CRIME NO.425/2017 OF Mattannur Police Station, Kannur
AGAINST THE ORDER/JUDGMENT CC 880/2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,MATTANNUR
PETITIONER/ACCUSED:
ABDUL SALAM.M,
AGED 41 YEARS
S/O. MOITHU, RAHMATH MANZIL, KOLARI AMSOM DESOM,
KOLARI. P.O, KANNUR DISTRICT. PIN, PIN - 670702
BY ADV CIBI THOMAS
RESPONDENT/STATE/COMPLAINANT/DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,, MATTANNUR POLICE STATION,
MATTANNUR. P.O, KANNUR DISTRICT., PIN - 670702
3 THOTTATHIL AMINA,AGED 47 YEARS
W/O. ABDUL RAHMAN, CHALAKANDY HOUSE, KOLARI AMSOM
DESOM, KOLARI.P.O, KANNUR DISTRICT., PIN - 670702
BY ADV.VIPIN NARAYAN, PUBLIC PROSECUTOR
SRI.K.PRAVEEN KUMAR- FOR RESPONDENT
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5821 OF 2023 2
ORDER
Petitioner is the accused in Crime No.425/2017 of Mattannur
Police Station, Kannur District, alleging commission of offences
under Sections 451 and 354 of the Indian Penal Code. The matter
is now pending as C.C. No.880/2017 on the file of the Judicial
First Class Magistrate Court, Mattannur.
2. The learned counsel appearing for the petitioner would
submit that the entire issues between the petitioner and the de
facto complainant/ 3rd respondent have been settled. Learned
counsel appearing for the petitioner also refers to Annexure-II
affidavit executed by the de facto complainant/ 3rd respondent to
establish that the entire issues between the petitioner and the de
facto complainant/ 3rd respondent have been settled and the de
facto complainant does not intend to continue with the
proceedings against the petitioner.
3. The learned Public Prosecutor and the learned counsel
appearing for the de facto complainant/3rd respondent would
confirm that the entire issues between the petitioner and the de
facto complainant have been settled and the de facto complainant
does not wish to continue with the prosecution in any manner.
4. Having heard the learned counsel for the petitioner,
the learned Public Prosecutor and the learned counsel for the
defacto complainant/ 3rd respondent, I am of the view that this
is fit case where the jurisdiction of this Court under Section
482 of Cr.P.C. can be invoked to quash the proceedings against
the petitioner on the ground of settlement. The principles
governing the circumstances in which this Court can exercise
the jurisdiction under Section 482 of the Cr.P.C to quash
criminal proceedings in respect of non-compoundable offences
are delineated by the judgments of the Supreme Court in Gian
Singh V. State of Punjab [(2012) 10 SCC 303] and State
of Madhya Pradesh V. Laxmi Narayan and Others [(2019)
5 SCC 688]. It is clear from the reading of the aforesaid
judgments that offences of heinous nature cannot be quashed
on the ground of subsequent settlement. Here, the nature of
the offences does not compel me to hold that the proceedings
cannot be quashed on the ground of settlement. No public
interest will be served by continuing with the proceedings
against the petitioner. It is unlikely that the State will be able
to successfully prosecute the case against the petitioner. In
that view of the matter, I am of the view that this is fit case
where the jurisdiction of this Court under Section 482 of
Cr.P.C. can be invoked to quash the proceedings against the
petitioner on the ground of settlement.
Accordingly, this Crl.M.C. is allowed and all further
proceedings in C.C. No.880/2017 on the file of the Judicial First
Class Magistrate Court, Mattannur (arising out of Crime
No.425/2017 of Mattannur Police Station, Kannur District),
will stand quashed as against the petitioner.
Sd/-
GOPINATH P.
JUDGE
ajt
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF FINAL REPORT IN CRIME NO.
425/2017 OF MATTANNUR POLICE STATION.
Annexure -II TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE
3RD RESPONDENT.
