Farooq vs State Of Kerala
2023 Latest Caselaw 936 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                     CRL.MC NO. 9437 OF 2022
         AGAINST THE ORDER/JUDGMENT IN CC 2388/2017 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR


PETITIONER/ACCUSED:

           FAROOQ
           AGED 50 YEARS
           S/O. KUNJU MUHAMMAD,
           PUTHIYAVEETIL (H), PAZHUVIL DESOM,
           KURUMBILAV VILLAGE,
           THRISSUR DIST, PIN - 680564

           BY ADVS.
           K.N.ABHILASH
           SUNIL NAIR PALAKKAT
           ANU PAUL
           RITHIK S.ANAND
           SREELAKSHMI MENON P.


RESPONDENTS/ STATE AND DE-FACTO COMPLAINANT:

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

    2      SMITHA
           AGED 35 YEARS, D/O MANI,
           EDATHARA (H),NELLUVAI,
           THRISSUR, PIN - 680584

           BY ADV P.B.MUHAMMED AJEESH

           SMT .T.V NEEMA SR.P.P

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 9437 of 2022

                                 -:2:-

                              ORDER

Dated this the 17th day of January, 2023

This Crl.M.C. has been preferred to quash Annexure-A2 Final

Report in C.C.No.2388 of 2017 on the file of the Judicial First

Class Magistrate Court-II, Thrissur on the ground of settlement

between the parties.

2. The petitioner is the accused. The 2nd respondent is

the de facto complainant.

3. The offences alleged against the petitioner are

punishable under Sections 341, 323 and 354 of Indian Penal

Code.

4. The 2nd respondent entered appearance through

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

5. I have heard Sri.K.N.Abhilash, the learned counsel for

the petitioner, Sri.P.B.Muhammed Ajeesh, the learned counsel for

the respondent No.2 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 2nd respondent would show that the entire CRL.MC NO. 9437 of 2022

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 CRL.MC NO. 9437 of 2022

nature. No public interest or harmony will be adversely affected

by quashing the proceedings pursuant to Annexure-A2. 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-A2 Final Report in

C.C.No.2388 of 2017 on the file of the Judicial First Class

Magistrate Court-II, Thrissur hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 9437 of 2022

APPENDIX OF CRL.MC 9437/2022

PETITIONERS' ANNEXURES

Annexure A1 THE CERTIFIED COPY OF THE FIR NO. 799/2017 DATED 16-07-2017 OF NEDUPUZHA POLICE STATION THRISSUR DISTRICT

Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 2388/2017 DATED 08-05-2020 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, THRISSUR DISTRICT

Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 02.12.2022