Irfan Zubair vs State Of Kerala
2023 Latest Caselaw 732 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                   CRL.MC NO. 6530 OF 2022
        AGAINST THE ORDER/JUDGMENT IN CC 685/2019 OF
         JUDICIAL MAGISTRATE OF FIRST CLASS ,CHITTUR


PETITIONERS/ ACCUSED NOS. 1 TO 4:

    1     IRFAN ZUBAIR
          AGED 36 YEARS
          S/O.M.FAROOK, DOOR NO.18,
          KASIM STREET, KARUR.
          NOW RESIDING
          AT NEAR HUNDAI SHOWROOM,
          SALEM BYPASS ROAD,
          KARUR.P.O, TAMIL NADU, PIN - 639006
    2     SHAHIDA FAROOK
          AGED 54 YEARS
          W/O.M.FAROOK, DOOR NO.18,
          KASIM STREET, KARUR.
          NOW RESIDING
          AT NEAR HUNDAI SHOWROOM,
          SALEM BYPASS ROAD,
          KARUR.P.O, TAMIL NADU, PIN - 639006
    3     M.FAROOK
          AGED 64 YEARS
          S/O.MUHAMMED SHAREEF, DOOR NO.18,
          KASIM STREET, KARUR.
          NOW RESIDING
          AT NEAR HUNDAI SHOWROOM,
          SALEM BYPASS ROAD,
          KARUR.P.O, TAMIL NADU, PIN - 639006
    4     IRFAN JUNID
          AGED 28 YEARS
          S/O.M.FAROOK, DOOR NO.18,
          KASIM STREET, KARUR. NOW RESIDING
          AT NEAR HUNDAI SHOWROOM, SALEM BYPASS ROAD,
          KARUR.P.O, TAMIL NADU, PIN - 639006
          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
 CRL.MC NO. 6530 of 2022

                            -:2:-

RESPONDENTS/ STATE & DEFACTO COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682031

    2      MUHAMMED NISHA
           AGED 29 YEARS
           D/O.MUHAMMED IQBAL, SAFIYA MANZIL,
           PALLIMUKKU, THATHAMANGALAM,
           CHITTUR, PALAKKAD, PIN - 678102

           SRI.SANGEETHA RAJ - PP



     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
12.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 6530 of 2022

                                  -:3:-

                               ORDER

Dated this the 12th day of January, 2023

This Crl.M.C. has been preferred to quash Annexure-1 Final

Report in C.C.No.685/2019 on the file of the Judicial First Class

Magistrate Court, Chittur 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 offences alleged against the petitioners are

punishable under Sections 498 r/w 34 of Indian Penal Code.

4. I have heard Sri.V.A.Johnson, the learned counsel for

the petitioners and Sri.Sangeetha Raj, the learned Public

Prosecutor.

5. The 1st petitioner is the husband of the 2nd respondent.

The 2nd petitioner is the mother, 3rd petitioner is the father and 4 th

petitioner is the brother of the 1st petitioner. There are several

cases pending between the petitioners and the 2nd respondent.

All those cases were settled and a mutual agreement has been

entered into between the 1st petitioner and the 2nd respondent. CRL.MC NO. 6530 of 2022

Annexure 2 is the said agreement. As per the terms of the said

agreement, the 2nd respondent has agreed to withdraw the above

criminal case. The learned Public Prosecutor, on instruction,

submits that the investigating officer contacted the 2 nd

respondent (who is now at abroad) over phone and she stated

that the entire dispute has been 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 CRL.MC NO. 6530 of 2022

by quashing the proceedings pursuant to Annexure-1. The

offences 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-1 Final Report in

C.C.No.685/2019 on the file of the Judicial First Class Magistrate

Court, Chittur hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 6530 of 2022

APPENDIX OF CRL.MC 6530/2022

PETITIONER'S ANNEXURES

Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.685/2019 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, CHITTUR

Annexure 2 TRUE COPY OF THE DIVORCE AGREEMENT DEED EXECUTED BETWEEN THE 1ST PETITIONER AND 2ND RESPONDENT DATED 06.02.2021