The High Court quashed criminal proceedings in a First Information Report alleging offences under Sections 447, 341, 294(b), 323, and 34 of the IPC, relying on a settlement between parties and precedents allowing quashing of non-compoundable offences to prevent abuse of process.
Crl.M.C. allowed and Annexure A1 Final Report in C.C. No. 655/2016 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
CRL.MC NO. 227 OF 2022
AGAINST THE ORDER/JUDGMENT IN C.C.NO.655/2016 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT -II, ALUVA
PETITIONERS:
1 HASSAN AGED 59 YEARS S/O.ABDUL KHADAR, ELOOKKARA KARA, KADUNGALLOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683 522.
2 ABDUL KAREEM AGED 47 YEARS S/O.ABDUL KHADAR, MADAVANA PARAMBIL, MASJAID ROAD, ELOOKKARA KARA, KADUNGALLOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683 522.
BY ADVS. JAISON JOSEPH V.M.SAJAN M.N.SANJITH SMITHA C.GOPI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 SUB INSPECTOR OF POLICE BINANIPURAM POLICE STATION, PIN - 683 502.
3 ASMA KHALID AGED 41 YEARS W/O.KHALID, PERIKULATHIL HOUSE, NEAR PRIYADARSHINI BUS STOP, ELOOKKARA KARA, KADUNGALLOOR VILLAGE, KODUNGALLUR TALUK, ERNAKULAM DISTRICT, PIN - 683 110. BY ADV JOSE PAUL
OTHER PRESENT:
SMT T V NEEMA -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 227 OF 2022
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ORDER
This Crl.M.C. has been preferred to quash Annexure A1 Final Report in C.C No.655/2016 on the file of Judicial First Class Magistrate Court-II, Aluva on the ground of settlement between the parties.
3
CRL.MC NO. 227 OF 2022
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.
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 A1 Final Report in C.C No.655/2016 on the file of Judicial First Class Magistrate Court-II, Aluva stands hereby quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
bng
CRL.MC NO. 227 OF 2022
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APPENDIX OF CRL.MC 227/2022
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN C.C.NO.655 OF 2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA. Annexure A2 THE AFFIDAVIT FILED BY RESPONDENT NO.3.
1 issue framed by the court
Whether criminal proceedings for non-cognizable offences can be quashed under Section 482 CrPC upon settlement despite being non-compoundable under Section 320 CrPC?
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Hassan
Abdul Kareem
State of Kerala
Sub Inspector of Police Binanipuram
Asma Khalid
Dr. Justice Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
