Allowed

Noushad v. State of Kerala

Kerala HC2 Sept 2013Crl.MC/1926/2012

Case brief

AI extract

What is this about?

A Special Leave Petitioner filed a criminal miscellaneous petition under Section 482 Cr.P.C. seeking quashing of an FIR involving offences under various IPC sections. The High Court allowed the petition, noting the matter was settled out of court, and quashed the FIR citing relevant Supreme Court precedents.

What did the court decide?

The Criminal Miscellaneous Case is allowed, quashing the FIR in Crime No.438 of 2011 of Kunnikode Police Station and all further proceedings thereto.

Noushad Vs State of Kerala — Quashing and FIR | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.K.MOHANAN

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MONDAY, THE 2ND DAY OF SEPTEMBER 2013/11TH BHADRA, 1935

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Crl.M.C.No. 1926 of 2012 (A)

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CRIME No. 438/2011 OF KUNNIKODE POLICE STATION, KOLLAM

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PETITIONERS : ACCUSED :

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NOUSHAD, AGED 28, S/O.ABDUL RAHMAN, CHENNIKARA HOUSE, KUNIKODE MURI, VILAKUDY VILLAGE.

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MOHAMMED SHAFI, AGED 21, S/O.RAHIM, CHARUVIL VAYALIRAKKATH HOUSE, KUNHIKODE MURI, VILAKUDY VILLAGE.

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ABDUL VAHID @ VAHID, S/O.ABDUL SALAM, AGED 20, KUNIKODE MURI, VILAKUDY VILLAGE.

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BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.PRIJITH SRI.P.MARTIN JOSE

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RESPONDENTS :

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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ABDUL RAHIM, AGED 36 YEARS, S/O.ABDUL RAHUMAN KUNJU, NALLANIKAL PUTHENVEEDU, KAYALPURA, AVANEESWARAM MURI, VILAKUDY VILLAGE, PIN-691 508.

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R2 BY ADV. SRI.S.VAIDYANATHAN R1 BY PUBLIC PROSECUTOR SMT.S.HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No. 1926 of 2012 (A)

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE-I : COPY OF F.I.R. IN CRIME No.438/2011 OF KUNNIKODE POLICE STATION. RESPONDENTS' EXHIBITS : NIL.

True copy

P.A. to Judge

V.K.MOHANAN, J.

Crl.M.C.No.1926 of 2012

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Dated this the 02^nd day of September, 2013

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ORDER

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The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are the accused in Crime No.438 of 2011 of Kunnikode Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 308 & 149 of I.P.C. with a prayer to quash Annexure-I F.I.R. in Crime No.438 of 2011 of Kunnikode Police Station as the matter is settled out of court.

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The allegation against the petitioners/accused is that, accused Nos.1 to 6 and other identifiable persons assaulted the 2^nd respondent on 12/4/2011 at around 10.45 p.m. near the Kunnikode Lower Primary School. It is alleged in the F.I.R. that the alleged assault was in retaliation to the demand of 2^nd respondent, who is an active Congress worker, to remove flex board erected by the CPM party workers in front of the banner of Congress party. Now, according to the

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Crl.M.C.No.1926 of 2012

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petitioners, the entire dispute is settled with the de facto complainant, who is the second respondent, who has sworn into an affidavit dated 03/05/2012.

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Heard the learned counsel for the petitioners as well as the 2^nd respondent. I have also heard the learned Public Prosecutor.

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The learned counsel for the petitioners submitted that, during the pendency of the above crime, the dispute is settled amicably between the parties which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings.

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The learned counsel for the 2^nd respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the de facto complainant does not intend to proceed any further against the petitioners and he has no grievance against them.

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I have carefully considered the above submissions of the respective counsel. I have verified the documents and

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Crl.M.C.No.1926 of 2012

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materials produced along with the above petition. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition.

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Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only under Sections 143, 147, 148, 323, 324, 308 & 149 of I.P.C. which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are involved, the real parties to the dispute approached this Court after having amicably settled the matter. From the submission made by the counsel for the 2^nd respondent, it appears to me that the de facto complainant has no further grievance against the petitioners/ accused in the light of the settlement arrived by them. In this juncture, it is relevant to note the decision of the Honourable Apex Court reported in Gian Singh v. State of Punjab [2012 (4) KLT 108(SC)] in which the Supreme Court has held as

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Crl.M.C.No.1926 of 2012

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follows:-

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“57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed..

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It is further held as follows:-

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“......... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial,mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great

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Crl.M.C.No.1926 of 2012

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oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........”

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According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision is applicable in the present case. According to me, as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote and encourage such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decisions cited supra, this Criminal M.C. can be allowed granting the relief as sought for.

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Crl.M.C.No.1926 of 2012

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In the result, this Crl.M.C. is allowed, quashing Annexure-I F.I.R. in Crime No.438 of 2011 of Kunnikode Police

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Station, Kollam District and all further proceedings thereto.

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V.K.MOHANAN, JUDGE

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skj

Noushad v. State of Kerala

Case brief

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What did the court decide?

Noushad v. State of Kerala

Case brief

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What did the court decide?

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