Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 AGAINST THE ORDER/JUDGMENT IN CC 392/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,PERINTHALMANNA CRIME NO.122/2019 OF MELATTUR POLICE STATION PETITIONER/ACCUSED: SHAHEER HASHIM, AGED 31 YEARS S/O.SHAMSUDEEN, KALIANKUNNAN HOUSE, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN-679 322. BY ADV P.SAMSUDIN RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. (IN CRIME NO.122/2019 OF MELATTUR POLICE STATION). 2 BUSHRA, AGED 44 YEARS W/O.SALEEM, KODUVAYAKKAL HOUSE, KARUVAMPARA, PATTIKKAD P.O., PIN-679 325, MALAPPURAM DISTRICT. BY ADV SHYAM NAIR OTHER PRESENT: SRI M P PRASANTH-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
This Crl.M.C. has been preferred to quash Annexure A2 Final Report in Crime No.122/2019 of Melattur Police Station on the ground of settlement between the parties.
2. The petitioner is the accused. The 2nd respondent is the de- facto complainant
3. The offence alleged against the petitioner are under Sections 451, 341, 323, 324 and 427 of the Indian Penal Code.
4. The respondent No. 2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri.P.Samsudin, the learned counsel for the petitioner, Sri.Shyam Nair, the learned counsel for the respondent No.2 and Sri.M.P.Prasanth, the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in
by the respondent No.2 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 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 A2. The offences in question do not fall within the category of offences prohibited for compounding in terms of the 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 A2 Final Report in Crime No.122/2019 of Melattur Police Station stands hereby quashed.
Sd/- DR. KAUSER EDAPPAGATH JUDGE bng APPENDIX OF CRL.MC 116/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.122/2019 OF MELATTUR POLICE STATION. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.122/2019 OF MELATTUR POLICE STATION. Annexure A3 THE ORIGINAL AFFIDAVIT DATED 19.12.2021 SWORN IN BY THE 2ND RESPONDENT.