Kerala High Court
Khalid vs State Of Kerala on 13 March, 2025
CRL.MC NO. 409 OF 2025 1 2025:KER:23623
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
CRL.MC NO. 409 OF 2025
CRIME NO.1323/2021 OF Tirur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT IN CC NO.1495 OF 2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONER/ACCUSED:
KHALID
AGED 39 YEARS
S/O HAMZAKUTTY KUTTIYALI ,KADAVATHKUTTIYALI KADAVATH
HOUSE, TIRUR VIA, KUTTA YI PO, MALAPPURAM, KERALA,
PIN - 676562
BY ADVS.
ASHIS A.
JALIB ROSHAN P.K.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 SHO TIRUR POLICE STATION MALAPPURAM
COURT ROAD, CHEMBRA, TIRUR, KERALA, PIN - 676101
3 NADHIYA
AGED 24 YEARS
CRL.MC NO. 409 OF 2025 2 2025:KER:23623
D/O RAHMATHULLA , KOOTTATHU HOUSE, ULLAS NAGAR,
KOOTTAYI, KERALA, MALAPPURAM, KERALA., PIN - 676562
BY ADV M.SHIMSMA
OTHER PRESENT:
SRI. SANAL P. RAJ (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 409 OF 2025 3 2025:KER:23623
C. JAYACHANDRAN, J.
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Crl.M.C.No.409 of 2025
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Dated, this the 13th day of March, 2025
ORDER
A five Judges Bench of the Punjab and Haryana High Court
in Kulwinder Singh and Others v. State of Punjab and
Another [(2007) 4 CTC 769], framed broad guidelines as
regards quashment of the criminal proceedings under
Section 482 of the Code in respect of offences which are
not compoundable in terms of Section 320 of the Code.
One among the guidelines was that the offences against
human body, other than murder and culpable homicide, may
be permitted to be compounded, when the court is in a
position to record a finding that the settlement between
the parties is voluntary and fair. These guidelines were
quoted with approval by a three Judges Bench of the
Hon'ble Supreme Court in Gian Singh v. State of Punjab
and another [(2012) 10 SCC 303]. Similarly in Narinder
CRL.MC NO. 409 OF 2025 4 2025:KER:23623
Singh and Others v. State of Punjab [(2014) 6 SCC 466],
the Hon'ble Supreme Court has gone to the extent of
sanctioning invocation of the inherent power under
Section 482 of the Criminal Procedure Code to quash the
F.I.R. in a crime alleging offence under Section 307,
which is a heinous and serious offence. A practical
approach is seen adopted by the Hon'ble Supreme in
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582]
as regards quashment in respect of offences like 379,
406, 409, 418, etc., the relevant findings of which are
extracted herebelow:
"6. We need to emphasise that it is perhaps
advisable that in disputes where the question involved
is of a purely personal nature, the court should
ordinarily accept the terms of the compromise even in
criminal proceedings as keeping the matter alive with
no possibility of a result in favour of the
prosecution is a luxury which the courts, grossly
overburdened as they are, cannot afford and that the
time so saved can be utilised in deciding more
effective and meaningful litigation. This is a common
CRL.MC NO. 409 OF 2025 5 2025:KER:23623
sense approach to the matter based on ground of
realities and bereft of the technicalities of the
law."
2. In the facts at hand, petitioner is the 1st
accused person in Crime No.1323/2021 of Tirur Police
Station, Malappuram, now pending as C.C.No.1495/2021
before the Judicial First Class Magistrate Court-I,
Tirur. As per the final report, the offences alleged are
under Section 354 D of the Indian Penal Code and Section
120(o) of the KP Act, 2011. The petitioner seeks
quashment of entire proceedings in the above Calendar
Case, on the strength of the settlement arrived at by
and between the parties.
3. Heard the learned counsel for the petitioner,
learned counsel for the defacto complainant/respondent
no.3 and the learned Public Prosecutor. Perused the
records.
4. When this Crl.M.C was moved, this Court directed
CRL.MC NO. 409 OF 2025 6 2025:KER:23623
to record the statement of the defacto complainant. The
said direction was complied and the statement was handed
over. On perusal of the same, it is clear that the
issues between the petitioner and the defacto
complainant are settled amicably and that the defacto
complainant is disinterested to proceed with the case
against the petitioner. That apart, it is noticed that,
along with this Crl.M.C, an affidavit has been sworn to
by the defacto complainant (3rd respondent herein) as
Annexure-A4, wherein she would unequivocally state that
the disputes have been amicably settled and they are
leading a peaceful life. The defacto complainant would
also swear that she has no objection in quashing the
criminal proceedings against the petitioner and that the
affidavit is sworn to on her own volition, without any
compulsion, whatsoever. This Court, is therefore,
convinced that the settlement arrived at is genuine and
bonafide. Learned Counsel for the 3rd respondent/defacto
complainant would also endorse that the quashment sought
CRL.MC NO. 409 OF 2025 7 2025:KER:23623
for can be allowed.
5. In the light of the above referred facts, this
Court is of the opinion that the necessary parameters,
as culled out in Narinder Singh (supra), Madan Mohan
Abbot (supra) and Gian Singh (Supra), are fully
satisfied. This Court is convinced that further
proceedings against the petitioner will be a futile
exercise, inasmuch as the disputes have already been
settled. There is little possibility of any conviction
in the crime. Dehors the settlement arrived at by and
between the parties, if they are compelled to face the
criminal proceedings, the same, in the estimation of
this Court, will amount to abuse of process of Court.
The quashment sought for would secure the ends of
justice.
In the circumstances, this Crl.M.C. is allowed.
Annexure-A1 Final Report, Annexure-A2 F.I.R. in Crime
No.1323/2021 and all further proceedings in
CRL.MC NO. 409 OF 2025 8 2025:KER:23623
C.C.No.1495/2021 before the Judicial First Class
Magistrate Court-I, Tirur, are hereby quashed. Though
this Crl.M.C. is preferred by the 1st accused alone,
this Court choose to quash the final report and all
further proceedings in the above Calendar Case against
all the accused persons, inasmuch as the settlement will
operate in favour of other accused persons as well.
Sd/-
C. JAYACHANDRAN
JUDGE
ska
CRL.MC NO. 409 OF 2025 9 2025:KER:23623
PETITIONER ANNEXURES
Annexure A 1 A TRUE COPY OF THE FINAL REPORT DATED
10/12/2021 IN CC NO.1495/2021 PENDING BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-
I ,TIRUR
Annexure A 2 A TRUE COPY OF THE FIR NO 1323/2021 DATED
03/12/2021 OF TIRUR POLICE STATION,
MALAPPURAM DISTRICT
Annexure A 3 A TRUE COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO 1323/2021 DATED
03/11/2021 OF TIRUR POLICE STATION,
MALAPPURAM DISTRICT
Annexure A 4 TRUE COPY OF THE AFFIDAVIT DATED 21.11.2024
SWORN BY THE 3RD RESPONDENT
