Criminal Miscellaneous Case seeking quashment of a Final Report in a criminal proceeding. The High Court allowed the petition, relying on prior Supreme Court precedents, noting the dispute was settled and personal in nature.
Crl.M.C. allowed and Annexure B Final Report quashed as against accused Nos. 4 and 5.
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
WEDNESDAY, THE 13TH DAY OF JULY 2022 / 22ND ASHADHA, 1944
CRL.MC NO. 3589 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 152/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
PETITIONERS/ACCUSED NOS 4 & 5:
1 ABDUL AZEEZ AGED 28 YEARS SON OF MOIDEENKOYA VADAKKEDATH HOUSE, VIRIPPIL (PO) MOOZHIKKAL, KOZHIKODE DISTRICT, PIN - 673571 2 MUHAMMED SALIH AGED 27 YEARS SON OF MOIDEENKOYA VADAKKEDATH HOUSE, VIRIPPIL (PO) MOOZHIKKAL, KOZHIKODE DISTRICT, PIN - 673571 BY ADVS. P.V.ANOOP PHIJO PRADEESH PHILIP M.P.PRIYESHKUMAR
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 HASLATH. P AGED 24 YEARS DAUGHTER OF HANEEFA THAZHE PUNATHIL HOUSE, MAKKADA (PO) KAKKODI, CHEVAYOOR, KOZHIKODE DISTRICT, PIN - 673611 BY ADVS. PUBLIC PROSECUTOR NEETHU C.V. SRI SANGEETHA RAJ-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This Crl.M.C. has been preferred to quash Annexure B Final Report in Crime No. 160/2017 of Chevayoor police station on the ground of settlement between the parties.
remaining accused were already acquitted. The respondent No. 2 is the de facto complainant.
punishable under Sections 323, 406, 498A read with 34 of the IPC.
sworn in by the respondent No. 2 would show that the entire dispute
Crl.M.C.No.3589 of 2022
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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.
Crl.M.C.No.3589 of 2022
nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure B. 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 B Final Report in Crime No. 160/2017 of Chevayoor police station as against the accused Nos. 4 and 5 hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
RMV
Crl.M.C.No.3589 of 2022
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APPENDIX OF CRL.MC 3589/2022
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE FIR IN CRIME NO. 160/2017 OF CHEVAYOOR POLICE STATION, KOZHIKODE Annexure B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.160/2017 OF CHEVAYOOR POLICE WHICH IS NOW PENDING AGAINST THE PETITIONERS AS C.C.NO745/2017 ON THE FILE OF THE FIRST CLASS MAGISTRATE COURT-I, KOZHIKODE Annexure C CC NO. 745/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE - 1, KOZHIKODE DATED 23.02.2019 Annexure D AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED 05.04.2022
2 issues framed by the court
Whether criminal proceedings under Sections 323, 406, 498A read with 34 IPC can be quashed under Section 482 Cr.P.C. due to settlement?
Whether the dispute is personal in nature and quashing is warranted in the interest of justice?
Colour shows how this judgement treated each authority
ABDUL AZEEZ and MUHAMMED SALIH
STATE OF KERALA
HASLATH. P
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
