Faisal vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 30, 2023

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Citation: sooperkanoon.com/1379854
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Sep 30, 2023
Case Number: Crl.MC/6250/2023

Parties & Advocates

Appellant / Petitioner

Faisal

Respondent

State of Kerala

Excerpt

.....crl.mc no. 6250 of 2023 2orderpetitioner is the sole accused in crime no.432/2020 of kolathur police station, malappuram district, alleging commission of offences under sections 354 a(l)(ii), 354 a(l)(iv) and section 509 of the indian penal code and under section 119(a) of the kerala police act. the matter is now pending as c.c. no.751/2020 of judicial first class magistrate court-i, perinthalmanna.2. the learned counsel appearing for the petitionerwould submit that the entire issues between the petitioner and respondent nos.3 to 7 have been settled. learned counsel appearing for the petitioner also refers to annexure-b to annexure-f affidavits executed by respondent nos.3 to 7 to establish that the entire issues between the petitioner and the respondents have been settled and the respondent nos.3 to 7 do not intend to continue with the proceedings against the petitioner.3. the learned public prosecutor and the learnedcounsel appearing for respondent nos.3 to 7 would confirm that the entire issues between the petitioner and respondent crl.mc no. 6250 of 2023 3 nos.3 to 7 have been settled and the respondents do not wish to continue with the prosecution in any manner.4. heard the learned counsel for the petitioner, the learned public prosecutor and the learned counsel for respondent nos.3 to 7.5. the principles governing the circumstances in whichthis court can exercise of jurisdiction under section 482 of the cr.p.c to quash criminal proceedings in respect of non- compoundable offences is delineated by the judgments of the supreme court in gian singh v. state of punjab [(2012) 10 scc 303] and state of madhya pradesh v. laxmi narayan and others [(2019) 5 scc 688]. it is clear from the reading of the aforesaid judgments that offences of heinous nature cannot be quashed on the ground of subsequent settlement. in this case, the nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. no public.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 CRL.MC NO. 6250 OF 2023 AGAINST THE ORDER/JUDGMENT CC 751/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA PETITIONER/ACCUSED: FAISAL, AGED 34 YEARS, S/O. ENTHEEN, THOTTATHODI HOUSE, VENGAD P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679338 BY ADV K.RAKESH RESPONDENT/STATE AND COMPLAINANT & WITNESSES 2 TO 5:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE STATION HOUSE OFFICER ,KOLATHUR POLICE STATION, MALAPPURAM DISTRICT, PIN - 679338 3 RANJANA RAJAN, AGED 23 YEARS, D/O. RAJAN, KALATHUMPADIKKAL HOUSE, VALAMBUR P.O., MADRASSAPPADI, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679325 4 SHIMA, AGED 23 YEARS, D/O. PARAMESWARAN, KUNIYANKUNNATHU HOUSE, VENGAD P.O., PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679338 5 ASWITHA, AGED 23 YEARS, D/O. BALAKRISHNAN, SREERAGAM HOUSE, KARAPARAMBU, MANJERI, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 673641 6 VARNNITHA, AGED 23 YEARS D/O. BALAKRISHNAN, PATTANIYIL HOUSE, ERUMBILIYUM P.O., THIRUR TALUK, MALAPPURAM DISTRICT, PIN - 679572 7 ATHIRA, AGED 24 YEARS, D/O. RAJAN, MELEPURAKKAL HOUSE, THOZHUVANNUR P.O., THIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676552 BY ADV PUBLIC PROSECUTOR SRI. K.S. PRAVEEN,
Adv. NOUSHAD K.A,PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 6250 OF 2023 2

ORDER

Petitioner is the sole accused in Crime No.432/2020 of Kolathur Police Station, Malappuram District, alleging commission of offences under Sections 354 A(l)(ii), 354 A(l)(iv) and Section 509 of the Indian Penal Code and under Section 119(a) of the Kerala Police Act. The matter is now pending as C.C. No.751/2020 of Judicial First Class Magistrate Court-I, Perinthalmanna.

2. The learned counsel appearing for the petitioner

would submit that the entire issues between the petitioner and respondent Nos.3 to 7 have been settled. Learned counsel appearing for the petitioner also refers to Annexure-B to Annexure-F affidavits executed by respondent Nos.3 to 7 to establish that the entire issues between the petitioner and the respondents have been settled and the respondent Nos.3 to 7 do not intend to continue with the proceedings against the petitioner.

3. The learned Public Prosecutor and the learned

counsel appearing for respondent Nos.3 to 7 would confirm that the entire issues between the petitioner and respondent CRL.MC NO. 6250 OF 2023 3 Nos.3 to 7 have been settled and the respondents do not wish to continue with the prosecution in any manner.

4. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for respondent Nos.3 to 7.

5. The principles governing the circumstances in which

this Court can exercise of jurisdiction under Section 482 of the Cr.P.C to quash criminal proceedings in respect of non- compoundable offences is delineated by the judgments of the Supreme Court in Gian Singh V. State of Punjab [(2012) 10 SCC 303] and State of Madhya Pradesh V. Laxmi Narayan and Others [(2019) 5 SCC 688]. It is clear from the reading of the aforesaid judgments that offences of heinous nature cannot be quashed on the ground of subsequent settlement. In this case, the nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. No public interest will be served by continuing with the proceedings against the petitioner. Therefore, it is unlikely that the State will be able to successfully prosecute the case against the petitioner . In that view of the matter, I am of the view that this is fit case where the jurisdiction of this CRL.MC NO. 6250 OF 2023 4 Court under Section 482 of Cr.P.C. can be invoked to quash the proceedings against the petitioner on the ground of settlement. No public interest will be served by continuing with the proceedings against the petitioner. The nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. Accordingly, this Crl.M.C. is allowed and all further proceedings in C.C. No.751/2020 on the files the Judicial First Class Magistrate Court-I, Perinthalmanna (arising out of Crime No.432/2020 of Kolathur Police Station, Malappuram District), will stand quashed as against the petitioner. Sd/- GOPINATH P. JUDGE ajt CRL.MC NO. 6250 OF 2023 5 APPENDIX OF CRL.MC 6250/2023 PETITIONER ANNEXURES Annexure A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.432/2020 OF THE KOLATHUR POLICE STATION

Annexure B           THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT
Annexure C           THE AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT
Annexure D           THE AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT
Annexure E           THE AFFIDAVIT EXECUTED BY THE 6TH RESPONDENT
Annexure F           THE AFFIDAVIT EXECUTED BY THE 7TH RESPONDENT

Same Court & Year Kerala · 2023 Same Parties Faisal vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.