Kerala High Court
Naisam vs State Of Kerala on 29 April, 2025
CRL.MC NO. 3316 OF 2025 1 2025:KER:33359
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. 3316 OF 2025
AGAINST THE ORDER/JUDGMENT IN CC NO.2000 OF 2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,ATTINGAL
PETITIONERS/ACCUSED NOS 1 AND 2:
1 NAISAM
AGED 59 YEARS
S/O MUHAMMED ABDUL KHADER, USHUS, LPS LANE, ALAMCODE,
ALAMCODE VILLAGE, THIRUVANANTHAPURAM, PIN - 695102
2 ABDUL BARI
AGED 70 YEARS
S/O MUHAMMED ABDUL KHADER, SNEHATEERAM, LPS LANE,
ALAMCODE, ALAMCODE VILLAGE, THIRUVANANTHAPURAM, PIN -
695102
BY ADV PARVATHI KRISHNA
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM,
IN - 695101
3 SUMAYYA
AGED 34 YEARS
D/O RASEENA, ANZER MANZIL, KADAKKAVOOR ROAD, ALAMCODE
DESOM, ALAMCODE VILLAGE, THIRUVANANTHAPURAM,
PIN - 695102
4 RASEENA
AGED 56 YEARS
CRL.MC NO. 3316 OF 2025 2 2025:KER:33359
D/O SARABIVI, ANZER MANZIL, KADAKKAVOOR ROAD, ALAMCODE
DESOM, ALAMCODE VILLAGE, THIRUVANANTHAPURAM,
PIN - 695102
5 THAMEESUDHEEN
AGED 61 YEARS
S/O BASHA, ANZER MANZIL, KADAKKAVOOR ROAD, ALAMCODE
DESOM, ALAMCODE VILLAGE, THIRUVANANTHAPURAM,
PIN - 695102
BY ADV M.R.SARIN
OTHER PRESENT:
ADV M P PRASANTH 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. 3316 OF 2025 3 2025:KER:33359
EASWARAN S., J.
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CRL.MC NO. 3316 OF 2025
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th
Dated this the 29 day of April, 2025
ORDER
The petitioners are accused Nos.1 and 2 in Crime
No.1422/2019 of Attingal Police Station, Thiruvananthapuram
and pending in C.C No.2000/2019 on the files of the Judicial
First Class Magistrate Court-I, Attingal for offences punishable
under Sections 323, 324, 341, 354 read with Section 34 of
Indian Penal Code, 1860.
2. Pending trial of the offences, the petitioners as well as
the de facto complainants have entered into a settlement out of
court and settled the disputes. The de facto complainants
accordingly have sworn to affidavits stating that the matter has
been amicably settled and that they have no objection in this
Court quashing the proceedings against the petitioners.
3. When the matter came up for consideration before this
Court on 10/4/2025, the learned Public Prosecutor was
CRL.MC NO. 3316 OF 2025 4 2025:KER:33359
required to obtain instructions on the veracity of the affidavit
filed by the de facto complainants. Today, when the matter is
taken up for consideration, the learned Public Prosecutor
reported that the affidavits sworn to by the de facto
complainants are 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
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offence involving personal injuries should be allowed to be
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 offences under Sections
323 and 341 are compoundable whereas the offences under
Sections 324 & 354 of Indian Penal Code are not
compoundable. However, taking note of the submission of the
Learned Counsel for the parties and the Public Prosecutor,
and also the affidavits filed on behalf of the de facto
complainants, and also since the de facto complainants have
given statement before the Station House officer that the
affidavits sworn to by them are 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 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 petitioners requires to be
CRL.MC NO. 3316 OF 2025 6 2025:KER:33359
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 all further
proceedings in C.C No.2000/2019 on the files of the Judicial
First Class Magistrate Court-I, Attingal in Crime No 1422 of
2019 of Attingal Police Station, Thiruvananthapuram is hereby
quashed.
Crl. M.C ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
ska
CRL.MC NO. 3316 OF 2025 7 2025:KER:33359
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE F.I.R IN CRIME NO
1422/2019 IN ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM DATED 25.08.2019
Annexure A2 THE TRUE COPY OF THE FINAL REPORT FILED BY
THE 2ND RESPONDENT IN CRIME NO 2000/2019 IN
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
NOW PENDING AS C.C NO 2000/2019 ON THE FILES
OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,
ATTINGAL
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT
Annexure A5 THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT
