Siyad vs State of Kerala

SIYAD vs State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2022

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https://sooperkanoon.com/case/1473798

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Citation: sooperkanoon.com/1473798
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: May 31, 2022
Case Number: Crl.MC/2617/2022

Parties & Advocates

Appellant / Petitioner

SIYAD

Respondent

State of Kerala

Excerpt

.....the following: ..2..orderthis crl.m.c. has been preferred to quash annexure-1 fir in crime no.180/2022 of aluva west 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 is punishable under section 498a of the ipc.4. the respondent no.2 entered appearance through counsel. an affidavit sworn in by her is also produced.5. i have heard sri.faisal, the learned counsel for the petitioner, smt.k.g.preethy, the learned counsel for the respondent no.2 and sri.sangeetha raj, the learned public prosecutor for the respondent no.1.6. the averments in the petition as well as the affidavitsworn 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 criminal proceedings further. the learned prosecutor, on ..3.. 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 by 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-1 fir in crime no.180/2022 of aluva west police.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 CRL.MC NO. 2617 OF 2022 Crime No.180/2022 of Aluva West Police Station PETITIONER: SIYAD AGED 33 YEARS S/O. ASHARAF, KULANGARA MADATHIL, MANJALI, KARUMALLUR VILLAGE,PARVUR THALUK, MANNAM PO, PIN - 683520. BY ADV M.K.FAISAL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. 2 AFNA AGED 21 YEARS AMBAZHATHU PARAMBIL, EDAYAPURAM KARA, KEEZHMADU VILLAGE, ALUVA, PIN - 683105

R1 BY SRI SANGEETHA RAJ- Public Prosecutor R2 BY SMT.K.G.PREETHY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..

ORDER

This Crl.M.C. has been preferred to quash Annexure-1 FIR in Crime No.180/2022 of Aluva West 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 is punishable under Section 498A of the IPC.

4. The respondent No.2 entered appearance through counsel. An affidavit sworn in by her is also produced.

5. I have heard Sri.Faisal, the learned counsel for the petitioner, Smt.K.G.Preethy, the learned counsel for the respondent No.2 and Sri.Sangeetha Raj, the learned Public Prosecutor for the respondent No.1.

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 criminal proceedings further. The learned Prosecutor, on ..3.. 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 by 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-1 FIR in Crime No.180/2022 of Aluva West Police Station. The offence in question does not fall within the category of ..4.. 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 any further. Accordingly, the Crl.M.C. is allowed. Annexure-1 FIR in Crime No.180/2022 of Aluva West Police Station hereby stands quashed. Sd/- DR.KAUSER EDAPPAGATH, JUDGE skj ..5.. APPENDIX OF CRL.MC 2617/2022 PETITIONER'S ANNEXURES Annexure1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME NUMBER 180/2022 OF ALUVA WEST POLICE STATION. Annexure2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 12-4-2022

Same Court & Year Kerala · 2022 Same Parties SIYAD vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath