Faisal vs State Of Kerala
2023 Latest Caselaw 10426 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                      CRL.MC NO. 6250 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 751/2020 OF JUDICIAL MAGISTRATE OF
                  FIRST CLASS -I, PERINTHALMANNA
PETITIONER/ACCUSED:

          FAISAL, AGED 34 YEARS, S/O. ENTHEEN,
           THOTTATHODI HOUSE, VENGAD P.O., PERINTHALMANNA TALUK,
          MALAPPURAM DISTRICT, PIN - 679338
          BY ADV K.RAKESH


RESPONDENT/STATE AND COMPLAINANT & WITNESSES 2 TO 5:

    1     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
          COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
    2     THE STATION HOUSE OFFICER ,KOLATHUR POLICE STATION,
          MALAPPURAM DISTRICT, PIN - 679338
    3     RANJANA RAJAN, AGED 23 YEARS, D/O. RAJAN,
           KALATHUMPADIKKAL HOUSE, VALAMBUR P.O., MADRASSAPPADI,
          PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679325
    4     SHIMA, AGED 23 YEARS, D/O. PARAMESWARAN,
          KUNIYANKUNNATHU HOUSE, VENGAD P.O., PERINTHALMANNA
          TALUK, MALAPPURAM,
          PIN - 679338
    5     ASWITHA, AGED 23 YEARS, D/O. BALAKRISHNAN,
          SREERAGAM HOUSE, KARAPARAMBU, MANJERI, ERNAD TALUK,
          MALAPPURAM DISTRICT, PIN - 673641
    6     VARNNITHA, AGED 23 YEARS
          D/O. BALAKRISHNAN, PATTANIYIL HOUSE, ERUMBILIYUM P.O.,
          THIRUR TALUK, MALAPPURAM DISTRICT, PIN - 679572
    7     ATHIRA, AGED 24 YEARS, D/O. RAJAN, MELEPURAKKAL HOUSE,
          THOZHUVANNUR P.O., THIRUR TALUK, MALAPPURAM DISTRICT,
          PIN - 676552
          BY ADV PUBLIC PROSECUTOR
          SRI. K.S. PRAVEEN,

          Adv. NOUSHAD K.A,PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 6250 OF 2023                       2



                                      ORDER

Petitioner is the sole accused in Crime No.432/2020 of

Kolathur Police Station, Malappuram District, alleging

commission of offences under Sections 354 A(l)(ii), 354 A(l)(iv)

and Section 509 of the Indian Penal Code and under Section

119(a) of the Kerala Police Act. The matter is now pending as

C.C. No.751/2020 of Judicial First Class Magistrate Court-I,

Perinthalmanna.

2. The learned counsel appearing for the petitioner

would submit that the entire issues between the petitioner and

respondent Nos.3 to 7 have been settled. Learned counsel

appearing for the petitioner also refers to Annexure-B to

Annexure-F affidavits executed by respondent Nos.3 to 7 to

establish that the entire issues between the petitioner and the

respondents have been settled and the respondent Nos.3 to 7

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 to 7 would confirm

that the entire issues between the petitioner and respondent

Nos.3 to 7 have been settled and the respondents do not wish

to continue with the prosecution in any manner.

4. Heard the learned counsel for the petitioner, the

learned Public Prosecutor and the learned counsel for

respondent Nos.3 to 7.

5. The principles governing the circumstances in which

this Court can exercise of jurisdiction under Section 482 of the

Cr.P.C to quash criminal proceedings in respect of non-

compoundable offences is 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. In

this case, 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. Therefore, 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.

No public interest will be served by continuing with the

proceedings against the petitioner. The nature of the offences

does not compel me to hold that the proceedings cannot be

quashed on the ground of settlement.

Accordingly, this Crl.M.C. is allowed and all further

proceedings in C.C. No.751/2020 on the files the Judicial First

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

No.432/2020 of Kolathur Police Station, Malappuram District),

will stand quashed as against the petitioner.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 6250/2023

PETITIONER ANNEXURES Annexure A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.432/2020 OF THE KOLATHUR POLICE STATION Annexure B THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 27-6-2023 Annexure C THE AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT DATED 27-6-2023 Annexure D THE AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT DATED 27-6-2023 Annexure E THE AFFIDAVIT EXECUTED BY THE 6TH RESPONDENT DATED 27-6-2023 Annexure F THE AFFIDAVIT EXECUTED BY THE 7TH RESPONDENT DATED 27-6-2023