Anas vs State of Kerala

ANAS vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 01, 2023

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https://sooperkanoon.com/case/1359132

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Citation: sooperkanoon.com/1359132
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Jun 01, 2023
Case Number: Crl.MC/3635/2023

Parties & Advocates

Appellant / Petitioner

ANAS

Respondent

State of Kerala

Excerpt

.....that the parties have arrived at a settlement in respect of the subject matter.2. the petitioners are accused nos.1 to 5.3. the offences alleged against the petitioners are punishable under sections 498-a and 34 of ipc.4. respondent no.2, the defacto complainant entered appearance through counsel. an affidavit sworn to by her has also been placed before this court.5. heard both sides.6. i have perused the averments in the petition and the affidavit sworn to by respondent no.2.7. the learned public prosecutor, on instructions, submittedthat the matter was enquired into through the investigating officer, who has taken the statement of the defacto complainant, and it is reported that the dispute between the parties has been amicably settled. the material placed before the court shows that the entire dispute between the parties has been amicably settled and the defacto complainant has decided not to proceed further. the settlement between the parties is found to be voluntary and fair. the settlement or the compromise satisfies the conscience of the court. it is seen that the victim agreed to settle the matter with her free will.8. in gian singh v. state of punjab [2012 (4) klt 108 (sc)],narinder singh and others v. state of punjab and others [(2014) 6 scc 466] and state of madhya pradesh v. laxmi narayan and others [(2019) 5 scc 688] the apex court held that the high court, invoking section 482 of cr.p.c., can quash criminal proceedings in relation to non-compoundable offences, where the parties have settled the matter between themselves notwithstanding the bar under section 320 of cr.p.c., if it is warranted in the given facts and circumstances of the case, to ensure ends of justice or to prevent abuse of the process of any court.9. in the instant case, the dispute is purely personal in nature.there is nothing to show that public interest will be compromised by quashing the proceedings. the offences in question do not fall within the category of serious offences.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE K. BABU THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 CRL.MC NO. 3635 OF 2023 AGAINST CC 352/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA PETITIONERS/ACCUSED NOS.1 TO 5:

1 ANAS, AGED 29 YEARS, S/O. SAID MUHAMMED, VELANJI HOUSE, ALUVA EAST VILLAGE., PIN - 683101 2 SAIDU MUHAMMED, AGED 57 YEARS, S/O. BEERAN, VELLANJI HOUSE, NOCHIMA KARA, NEAR MANALIMUKKU, ALUVA EAST VILLAGE, PIN - 683101 3 SUHARA, AGED 50 YEARS, W/O. SAIDU MUHAMMED, VELLANJI HOUSE, ALUVA EAST VILLAGE ., PIN - 683101 4 AZEEJA, AGED 27 YEARS, D/O. SAIDU MUHAMMED, VELLANJI HOUSE, ALUVA EAST VILLAGE ., PIN - 683101 5 MUHAMMED SALIM, AGED 37 YEARS, S/O. MUHAMMED, MANELIL HOUSE, MAROTTICHODU, VENGOLA KARA, ARAKKAPADI VILLAGE ., PIN - 683101 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM BASIL MATHEW

RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 FATHIMA,AGED 25 YEARS, D/O. ABDUL AZEEZ, CHERUPALLI HOUSE, EDAYAPURAM KARA, KEEZHUMADU VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683101 BY ADV SRI. G SUDHEER, PUBLIC PROSECUTOR SRI.O.S.JAFARKHAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.BABU, J.

-------------------------------------- --------------------------------------- Dated this the 1st day of June, 2023

ORDER

The prayer in this Crl.M.C. is to quash Annexure 1 FIR and Annexure 2 Final Report in Crime No.1765/2021 of Aluva East Police Station, and all further proceedings in C.C No.352/2022 on the file of the Judicial First Class Magistrate Court-I, Aluva, on the ground that the parties have arrived at a settlement in respect of the subject matter.

2. The petitioners are accused Nos.1 to 5.

3. The offences alleged against the petitioners are punishable under Sections 498-A and 34 of IPC.

4. Respondent No.2, the defacto complainant entered appearance through counsel. An affidavit sworn to by her has also been placed before this Court.

5. Heard both sides.

6. I have perused the averments in the petition and the affidavit sworn to by respondent No.2.

7. The learned Public Prosecutor, on instructions, submitted

that the matter was enquired into through the Investigating Officer, who has taken the statement of the defacto complainant, and it is reported that the dispute between the parties has been amicably settled. The material placed before the Court shows that the entire dispute between the parties has been amicably settled and the defacto complainant has decided not to proceed further. The settlement between the parties is found to be voluntary and fair. The settlement or the compromise satisfies the conscience of the Court. It is seen that the victim agreed to settle the matter with her free will.

8. In Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)],

Narinder Singh and others v. State of Punjab and Others [(2014) 6 SCC 466] and State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] the Apex Court held that the High Court, invoking Section 482 of Cr.P.C., can quash criminal proceedings in relation to non-compoundable offences, where the parties have settled the matter between themselves notwithstanding the bar under Section 320 of Cr.P.C., if it is warranted in the given facts and circumstances of the case, to ensure ends of justice or to prevent abuse of the process of any Court.

9. In the instant case, the dispute is purely personal in nature.

There is nothing to show that public interest will be compromised by quashing the proceedings. The offences in question do not fall within the category of serious offences or heinous offences.

10. The offences in the present case do not fall within the

category of offences prohibited for granting permission to compromise in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).

11. This Court is of the view that no purpose will be served in

proceeding with the matter further. Resultantly, the Crl.M.C is allowed. Annexure 2 Final Report in Crime No.1765/2021 of Aluva East Police Station, and all further proceedings in C.C No.352/2022 on the file of the Judicial First Class Magistrate Court-I, Aluva, stand hereby quashed. Sd/- K.BABU, JUDGE KAS APPENDIX OF CRL.MC 3635/2023 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR & FIS IN CRIME NO. 1765/2021 OF ALUVA EAST POLICE STATION Annexure 2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 1765/2021 OF ALUVA EAST POLICE STATION Annexure 3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 28/4/2023

Same Court & Year Kerala · 2023 Same Parties ANAS vs State of Kerala Same Judge Honourable Mr.Justice K. Babu