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Rahma vs State of Kerala

RAHMA vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 06, 2022
~4 min read
https://sooperkanoon.com/case/1514527

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/5405/2022

Parties & Advocates

Appellant / Petitioner

RAHMA

Respondent

State of Kerala

Excerpt

.....of guruvayoor police station now pending as c.c.no. 694/2022 on the file of the judicial first class magistrate court, chavakkad on the ground of settlement between the parties.2. the petitioner is the accused. the 2nd respondent is the defacto complainant.3. the offences alleged against the petitioner are punishable under sections 341 and 323 of ipc.4. the respondent no.2 entered appearance through counsel. an affidavit sworn in by her is also produced.5. i have heard sri. shabu sreedharan, the learned counsel for the petitioner, sri. jinson ouseph, the learned counsel for the respondent no.2 and smt. t.v. neema, the learned senior public prosecutor.6. the averments in the petition as well as the affidavit -:3:-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 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 the ends of justice or to prevent abuse of process of any court.8. the dispute in the above case is purely personal in -:4:-nature. no public interest or harmony will be adversely affected by quashing the proceedings pursuant to annexure 2. the offences in question do not fall.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.MC NO. 5405 OF 2022 CRIME NO.291/2022 OF Guruvayoor Police Station, Thrissur CC 694/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD PETITIONER/ACCUSED: RAHMA, AGED 34 YEARS, W/O. RASIK, NALAKATH HOUSE, KOTTAPPADY, POOKKOTTU VILLAGE, THRISSUR, PIN - 680505 BY ADV SHABU SREEDHARAN RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 FARHANA, AGED 24 YEARS, W/O RIYAS, NALAKATH HOUSE, KOTTAPPADY, POOKKOTTU VILLAGE, THRISSUR-680505 BY ADV JINSON OUSEPH SMT. T.V. NEEMA, SR. PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -:2:-

ORDER

Dated this the 6th day of October, 2022 This Crl.M.C. has been preferred to quash Annexure 2 Final Report in Crime No.291/2022 of Guruvayoor Police Station now pending as C.C.No. 694/2022 on the file of the Judicial First Class Magistrate Court, Chavakkad on the ground of settlement between the parties.

2. The petitioner is the accused. The 2nd respondent is the defacto complainant.

3. The offences alleged against the petitioner are punishable under Sections 341 and 323 of IPC.

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

5. I have heard Sri. Shabu Sreedharan, the learned counsel for the petitioner, Sri. Jinson Ouseph, the learned counsel for the respondent No.2 and Smt. T.V. Neema, the learned Senior Public Prosecutor.

6. The averments in the petition as well as the affidavit -:3:-

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 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 the ends of justice or to prevent abuse of process of any Court.

8. The dispute in the above case is purely personal in -:4:-

nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure 2. 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 any further. Accordingly, the Crl.M.C. is allowed. Annexure 2 Final Report in Crime No.291/2022 of Guruvayoor Police Station now pending as C.C.No. 694/2022 on the file of the Judicial First Class Magistrate Court, Chavakkad hereby stands quashed. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp -:5:- APPENDIX OF CRL.MC 5405/2022 PETITIONER ANNEXURES Annexure-1 THE CERTIFIED COPY OF THE FIR WITH THE FIS AND THE SCENE MAHAZAR THEREIN IN CRIME NO. 291/2022 OF GURUVAYOOR POLICE STATION DATED 10.4.2022 Annexure-2 THE CERTIFIED COPY OF THE CHARGE SHEET DATED 18.4.2022 IN CRIME NO. 291/2022 OF GURUVAYOOR POLICE STATION Annexure3 ORIGINAL AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 6.8.2022

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