Full Judgment
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.
------------------------------------ Crl.M.C.No.409 of 2025 ------------------------------------ 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 APPENDIX OF CRL.MC 409/2025 PETITIONER ANNEXURES Annexure A 1 A TRUE COPY OF THE FINAL REPORT DATED THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I ,TIRUR Annexure A 2 A TRUE COPY OF THE FIR NO 1323/2021 DATED MALAPPURAM DISTRICT Annexure A 3 A TRUE COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO 1323/2021 DATED MALAPPURAM DISTRICT Annexure A 4 TRUE COPY OF THE AFFIDAVIT DATED 21.11.2024 SWORN BY THE 3RD RESPONDENT