Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 8TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 CRL.MC NO.72 OF 2022 CRIME NO.773/2021 OF CHOMBALA POLICE STATION PETITIONERS/ACCUSED 1 TO 4:
1 SHAFEEQ, AGED 29 YEARS S/O. BASHEER, KAITHAKUNNUMMAL HOUSE, KANNOOKKARA P.O., VATAKARA THALUK, KOZHIKODE DISTRICT, PIN-673506. 2 SAKKENA, AGED 49 YEARS D/O. USMAN, KAITHAKUNNUMMAL HOUSE, KANNOOKKARA P.O., VATAKARA THALUK, KOZHIKODE DISTRICT, PIN- 673102. 3 SHAFEENA, AGED 35 YEARS D/O. BASHEER, KAITHAKUNNUMMAL HOUSE, KANNOOKKARA P.O., VATAKARA THALUK, KOZHIKODE DISTRICT, PIN-673102. 4 RUKIYA, AGED 48 YEARS, D/O. USMAN, KAITHAKUNNUMMAL HOUSE, KANNOOKKARA P.O., VATAKARA THALUK, KOZHIKODE DISTRICT, PIN- 673102. BY ADV ZUBAIR PULIKKOOL
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 ANSEERA, AGED 19 YEARS D/O. AZEES, KIZHAKKE THOOVATTUKANDY HOUSE, CHOMABALA P.O., VATAKARA THALUK, KOZHIKODE DISTRICT, PIN-673308. 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031. R1 BY ADV K.SEENA R2 BY SRI M P PRASANTH-PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
ORDER
This Crl.M.C. has been preferred to quash Annexure I FIR in Crime No.773/2021 of Chombala Police Station on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 to 4. The 1 st respondent is the de facto complainant.
3. The offence alleged against the petitioners is under Section 498A read with Section 34 of the IPC.
4. The respondent No.1 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri.Zubair Pulikkool, the learned
counsel for the petitioners, Smt.K.Seena, the learned counsel for the respondent No.1 and Sri.M.P.Prasanth, the learned Public Prosecutor for the respondent No.2.
6. The averments in the petition as well as in the
affidavit sworn in by the respondent No.1 would show that the entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the crime further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the ..3.. investigating officer and a statement of the de facto complainant was also recorded wherein she reported that the matter was amicably settled.
7. The Apex Court 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 in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of the case or to ensure ends of justice or to prevent abuse of process of any Court.
8. The dispute in the above case is purely personal in
nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure I FIR in Crime No.773/2021 of Chombala Police Station. The offence in question does not fall within the category of
offences prohibited for compounding in terms of the ..4.. pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra). For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter further. Accordingly, the Crl.M.C. is allowed. Annexure I FIR in Crime
No.773/2021 of Chombala Police Station stands hereby quashed. Sd/- DR.KAUSER EDAPPAGATH, JUDGE skj ..5.. APPENDIX OF CRL.MC 72/2022 PETITIONERS' ANNEXURES Annexure I CERTIFIED COPY OF THE FIRST INFORMATION REPORT, WITH F.I. STATEMENT IN CRIME NO.773/2021 OF CHOMBALA POLICE STATION. Annexure II SWORN AFFIDAVIT OF 1ST RESPONDENT.