The Court allowed a Criminal Miscellancous Case quashing the proceedings under S. 482 Cr.P.C. in a dispute over Sections 498A/406 IPC, based on a settlement agreement and the de facto complainant’s desire not to pursue the case further.
Annexure A3 Final Report in C.C.No.94/2016 is quashed and criminal proceedings are discontinued.
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.
CRL.MC NO. 6497 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944
CRL.MC NO. 6497 OF 2022
CC 94/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONERS/ACCUSED:
1 SADIQUE ALI, AGED 34 YEARS S/O RASHEED, NADAMBADIYIL HOUSE, OVUNGAL, THALAKADATHUR P.O, MALAPPURAM, PIN - 6761032 KHADEEJA, AGED 55 YEARS W/O RASHEED, NADAMBADIYIL HOUSE, OVUNGAL, THALAKADATHUR P.O, MALAPPURAM, PIN - 6761033 RAHEENA, AGED 35 YEARS D/O RASHEED, NADAMBADIYIL HOUSE, OVUNGAL, THALAKADATHUR P.O, MALAPPURAM,, PIN - 6761034 MUNEER, AGED 37 YEARS S/O KUNHEETHU, PARAPPURATH HOUSE, THENNALA P.O, MALAPPURAM, PIN - 676508BY ADVS.
MANAS P HAMEED
MOHAMED RAFEEQ KAYALMADATHIL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 6820312 STATION HOUSE OFFICER TIRUR POLICE STATION, TIRUR, MALAPPURAM, PIN - 6761013 FARSANA, AGED 26 YEARS D/O MUSTHAFA, PUTHANVEETTIL HOUSE, PUNNATHALA, KURUMBATHOOR P.O, TIRUR, MALAPPURAM, PIN - 676301 BY ADVS.R1 & R2 BY SMT.T.V.NEEMA-SR.PUBLIC PROSECUTOR R3 BY SMT.K REMIYA RAMACHANDRAN KTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6497 OF 2022
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O R D E R
This Crl.M.C. has been preferred to quash Annexure A3 Final
Report in C.C.No.94/2016 on the file of the Judicial First Class
Magistrate Court I, Tirur on the ground of settlement between the parties.
punishable under Sections 406 and 498A r/w 34 of IPC.
counsel. An affidavit sworn in by her is also produced.
Senior Public Prosecutor.
sworn in by the respondent No.3 would show that the entire
CRL.MC NO. 6497 OF 2022
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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.
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.
nature. No public interest or harmony will be adversely affected by
CRL.MC NO. 6497 OF 2022
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quashing the proceedings pursuant to Annexure A3 Final Report. 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 A3 Final Report in C.C.No.94/2016 on the file of the Judicial First Class Magistrate
Court I, Tirur hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
ab
CRL.MC NO. 6497 OF 2022
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APPENDIX OF CRL.MC 6497/2022
PETITIONER ANNEXURES
Annexure A1 |
CERTIFIED COPY OF FIRST INFORMATIONSTATEMENT (FIS) OF THE 3RDRESPONDENT/DEFACTO COMPLAINANT |
|---|---|
Annexure A2 |
CERTIFIED COPY OF FIRST INFORMATIONREPORT (FIR) IN CRIME NO.1535/2015 OFTIRUR POLICE STATION |
Annexure A3 |
CERTIFIED COPY OF FINAL REPORT IN |
C.C.NO.94/2016 ON THE FILE OF JUDICIALFIRST CLASS MAGISTRATE-I, TIRUR |
|
Annexure A4 |
TRUE COPY OF AGREEMENT DATED 29.03.2016EXECUTED BETWEEN THE 1ST PETITIONER ANDTHE 3RD RESPONDENT/DEFACTO COMPLAINANT |
RESPONDENTS ANNEXURES: NIL
2 issues framed by the court
Whether criminal proceedings on charges of cheating and cruelty can be quashed under S. 482 Cr.P.C. upon settlement between parties.
Whether the disputed nature of the case falls within the exceptions to the general rule against compounding offences in S. 320 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶42
[2012-) (4) KLT 108 (SC]
Narinder Singh and Others v. State of Punjab and OthersRelied on¶43
[(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶43
[(2019) 5 SCC 688] · Who else cites this
3 provisions across 2 enactments
SADIQUE ALI
KHADEEJA
RAHEENA
MUNEER
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
STATION HOUSE OFFICER TIRUR POLICE STATION
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court