Kerala High Court
Muahammad Kunhi Kandathil vs State Of Kerala on 29 April, 2025
2025:KER:33368
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
CRL.MC NO. 2779 OF 2025
CRIME NO.31/2024 OF PAYYANNUR POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT CC NO.862 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,PAYYANNUR
PETITIONERS/ACCUSED NO.1 TO 5:
1 MUAHAMMAD KUNHI KANDATHIL
AGED 54 YEARS
S/O N.K.P. KASIM, KANDATHIL HOUSE,
RAMANATHALI, ETTIKULAM P.O
KANNUR DISTRICT, PIN - 670308
2 RAMLA.K
AGED 54 YEARS
W/O N.K.P. KHASIM, KANDATHIL HOUSE,
RAMANATHALI, ETTIKULAM P.O
KANNUR DISTRICT, PIN - 670308
3 AMINA.K
AGED 38 YEARS
W/O MUHAMMADALI, ALMAS AMMANAPARA,
C POYIL.P.O PARIYARAM,
KANNUR DISTRICT, PIN - 670502
4 RAZEENA.K
AGED 35 YEARS
D/O N.K.P. KASIM, KANDATHIL HOUSE,
RAMANATHALI, ETTIKULAM P.O
KANNUR DISTRICT, PIN - 670308
5 FARSANA
AGED 28 YEARS
D/O N.K.P. KASIM, KANDATHIL HOUSE,
RAMANATHALI, ETTIKULAM P.O
CRL.MC NO. 2779 OF 2025 2
2025:KER:33368
KANNUR DISTRICT, PIN - 670308
BY ADVS.
P.S.BINU
K.SEENA
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 UDAIFA.M.K
AGED 26 YEARS
D/O MUAHAMMAD KUNHI.T.P MONANGAT KADAPPURATH,
VADAKKUMBAD RAMANTHALI.P.O,
RAMANTHALI AMSOM KANNUR DISTRICT, PIN - 670308
BY ADV M.V.AMARESAN
OTHER PRESENT:
ADV M C ASHI PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 29.04.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 2779 OF 2025 3
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EASWARAN S., J.
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Crl.M.C.No.2779 of 2025
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Dated this the 29th day of April, 2025
ORDER
The petitioners are accused Nos.1 to 5 in Crime No.31
of 2024 of Payyannur Police Station, Kannur and pending in C.C
No.862/2024 on the files of the Judicial First Class Magistrate's
Court, Payyannur, for offences punishable under Sections 498-A
and 34 of IPC.
2. Pending trial of the offences, the petitioners as well as
the de facto complainant have entered into a settlement out of
court and settled the disputes. The de facto complainant
accordingly has sworn to an affidavit stating that the matter has
been amicably settled and that she has no objection in this Court
quashing the proceedings against the petitioners.
3. When the matter came up for consideration before
this Court on 01.04.2025, the learned Public Prosecutor was
required to obtain instructions on the veracity of the affidavit
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filed by the de facto complainant. Today, when the matter is
taken up for consideration, the learned Public Prosecutor
reported that the affidavit sworn to by the de facto complainant
is genuine and that the issues have been settled between the
parties.
4. The guidelines as regards the circumstances
warranting exercise of power under Section 482 of the Code of
Criminal procedure 1973, for quashing offences which are non
compoundable were succinctly laid down by the Supreme Court
in Narinder Singh Vs State of Punjab (2014) 6 SCC 466.
Still further, in Gian Singh VS State of Punjab (2012) 10 SCC
303, the Supreme Court affirmed the view expressed by five
bench of the Punjab High Court in Kulwinder Singh Vs State of
Punjab (2007) 4 CTC 769 wherein it was held that even
offences against human body could be compounded if the
settlement entered is genuine and voluntary.
5. In Madan Mohan Abbot Vs State of Punjab (2008)4
SCC 582, the Supreme Court once again reiterated that the
offence involving personal injuries should be allowed to be
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compounded keeping in mind the fact that even on completion of
trial there will be no possibility of conviction.
6. In this case this court finds that offence under Section 498-
A is not compoundable. However, taking note of the submission
of the Learned Counsel for the parties and the Public Prosecutor,
and also the affidavit filed on behalf of the de facto complainant,
and also since the de facto complainant have given statement
before the Station House officer that the affidavit sworn to by her
is voluntary and genuine, this Court is of the considered view
that there will be no useful purpose served in proceeding with
the trial of the case inasmuch as there is no possibility of the
trial ending in conviction of the accused persons and that the
entire process will be abuse of process of the court.
7. In view of the above, this Court is satisfied that it is a
fit case where the case against the petitioner requires to be
quashed, in exercise of the inherent powers of this Court under
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Accordingly, this Crl.M.C is allowed and Crime No.31 of 2024 of
Payyannur Police Station, Kannur, and all further proceedings
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against the petitioners in C.C.No.862/2024 on the files of the
Judicial First Class Magistrate's Court, Payyannur stand quashed.
Ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
MSA
2025:KER:33368
PETITIONER ANNEXURES
Annexure I COPY OF THE FINAL REPORT IN CRIME
NO.31/2024 OF PAYYANNUR POLICE STATION
DATED 18.03.2024
Annexure II SWORN AFFIDAVIT OF THE 2ND RESPONDENT
DATED 18.03.2025
