Noushik vs State Of Kerala Rep. By Public ...
2023 Latest Caselaw 11371 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
    MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
                      CRL.MC NO. 7277 OF 2023
     CRIME NO.402/2020 OF Kuttiyadi Police Station, Kozhikode
 AGAINST THE ORDER/JUDGMENT CC 665/2021 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS ,NADAPURAM
PETITIONER/ACCUSED:

          NOUSHIK, AGED 43 YEARS
          SON OF MOIDU, VALIYAPARAMBATH HOUSE, VATTOLI,
          KAKKATTIL, KUNNUMMAL, KOZHIKODE DISTRICT, PIN - 673507
          BY ADVS.
          ABHIJITH P.A.
          MOHAMMED SHEHIN.S.S
          VISHNU P.S.
          BIPIN KRISHNAKUMAR


RESPONDENT/COMPLAINANT:

    1     STATE OF KERALA REP. BY PUBLIC PROSECUTOR
          HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, PIN -
          682031
    2     THE SUB INSPECTOR OF POLICE
          KUTTIADY POLICE STATION, KOZHIKKODE DISTRICT, PIN -
          673508
    3     NAZNAIN RAFEEQ, AGED 22 YEARS
          DAUGHTER OF RAFEEQ, CASTLE, MANIYUR P.O., PAYYOLI,
          KOZHIKODE DISTRICT, PIN - 673523
    4     RAYAN RAFEEQ, AGED 24 YEARS
          SON OF RAFEEQ, CASTLE, MANIYUR P.O., PAYYOLI, KOZHIKODE
          DISTRICT, PIN - 673523
          BY ADVS.
          IRFAN ZIRAJ
          P.M.ZIRAJ(K/147/1994)
          SRI. NOUSHAD K.A., SR. PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 7277 OF 2023                2



                                    ORDER

Petitioner is the accused in Crime No.402/2020 of Kuttiady

Police Station, Kozhikode District, alleging commission of

offences under Sections 341, 323, 324, 326 , 294(b) and 506(i) of

the Indian Penal Code. The matter is now pending as

C.C.No.665/2021 on the file of the Judicial First Class Magistrate

Court-I, Nadapuram.

2. The learned counsel appearing for the petitioner would

submit that the entire issues between the petitioner and

respondent Nos.3 and 4 have been settled. Learned counsel

appearing for the petitioner also refers to Annexures 4 and 5

affidavits executed by the respondent Nos.3 and 4 respectively, to

establish that the entire issues between the petitioner and the

respondent Nos.3 and 4 have been settled and the respondents 3

and 4 do not intend to continue with the proceedings against the

petitioner.

3. The learned Public Prosecutor and the learned counsel

appearing for respondent Nos.3 and 4 would confirm that the

entire issues between the petitioner and respondent Nos.3 and 4

have been settled and the respondents 3 and 4 do 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

respondent Nos.3 and 4, I am of the view that this is a 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.665/2021 on the files the Judicial First

Class Magistrate Court-I, Nadapuram (arising out of Crime

No.402/2020 of Kuttiadi Police Station, Kozhikode District), will

stand quashed as against the petitioner.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 7277/2023

PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT SUBMITTED BY THE SECOND RESPONDENT IN CRIME NO. 402/2020 OF KUTTIADY POLICE STATION Annexure 2 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE SECOND RESPONDENT IN CRIME NO.

402/2020 OF KUTTIADY POLICE STATION Annexure 3 TRUE COPY OF THE WITNESS LIST IN CRIME 402/2020 OF KUTTIADY POLICE STATION Annexure 4 ORIGINAL OF THE AFFIDAVIT DATED 1.9.2023 SWORN BY THE THIRD RESPONDENT/CW1 Annexure 5 ORIGINAL OF THE AFFIDAVIT DATED 1.9.2023 SWORN BY THE FOURTH RESPONDENT/CW2