In a criminal miscellaneous petition filed by four accused to quash criminal proceedings for alleged offences under Sections 406 and 498A IPC, the High Court allowed the petition and quashed the challan due to an amicable settlement between the parties, holding no public interest would be harmed.
Crl.M.C. allowed; Annexure I Final Report in C.C. No. 459/2021 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.
CRL.MC NO. 6907 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
1944
CRL.MC NO. 6907 OF 2022
CRIME NO.936/2021 OF Mukkom Police Station, Kozhikode
CC 459/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
THAMARASSERY
PETITIONERS/ACCUSED:
1FIRDOUS
AGED 30 YEARS
S/O. KOYALI, CHALIL HOUSE,
KAKKADA, KARASSERRY. P.O.,
KOZHIKKODE, PIN - 673502
2NAFEEZA
AGED 61 YEARS
W/O. KOYALI, CHALIL HOUSE,
KAKKADA, KARASSERRY. P.O.,
KOZHIKKODE., PIN - 673502
3THASNI CHALIL
AGED 42 YEARS
W/O. ANVER, PUTHUTHODIKA HOUSE,
EDAVANNA. P.O.,
MALAPPURAM., PIN - 676541
4FAROSH
AGED 32 YEARS
S/O. KOYALI,
KOYALI, CHALIL HOUSE,
KAKKADA, KARASSERRY. P.O.,
KOZHIKKODE., PIN - 673502
BY ADVS.
K.K.DHEERENDRAKRISHNAN
N.P.ASHA
CRL.MC NO. 6907 OF 2022 2
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2SURAYYA
AGED 24 YEARS
D/O. ABDUL NAZER,
THOUFEEQ MANZIL,
CHEMALAPARAMBU, THURAKKAL. P.O.,
KONDOTTY, MALAPPURAM., PIN - 673638
BY ADVS.
R1 BY SRI.SANGEETHA RAJ-PUBLIC PROSECUTOR
R2 BY SRI.SHAJIN S.HAMEED
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
CRL.MC NO. 6907 OF 2022
O R D E R
This Crl.M.C. has been preferred to quash Annexure I Final
Report in C.C.No.459/2021 on the file of the Judicial First Class Magistrate Court II, Thamarassery on the ground of settlement between the parties.
under Sections 406 and 498A r/w 34 of IPC.
counsel for the petitioners, Sri.Shajin.S.Hameed, the learned counsel for the respondent No.2 and Sri.Sangeetha Raj, the learned Public Prosecutor.
sworn in by the respondent No.2 would show that the entire dispute
CRL.MC NO. 6907 OF 2022 4
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.
CRL.MC NO. 6907 OF 2022
5
nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure I 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 I Final Report in C.C.No.459/2021 on the file of the Judicial First Class Magistrate Court II, Thamarassery hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
ab
CRL.MC NO. 6907 OF 2022
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APPENDIX OF CRL.MC 6907/2022
PETITIONER ANNEXURES
Annexure-ICERTIFIED COPY OF FINAL REPORT IN CRIME
NO. 936/2021 OF MUKKOM POLICE STATION,
KOZHIKKODE DISTRICT (WITHOUT WITNESS
LIST)
Annexure-IINOTARIZED AFFIDAVIT DATED 22.08.2022
SWORN BY THE RESPONDENT NO. 2
RESPONDENTS ANNEXURES: NIL
2 issues framed by the court
Whether criminal proceedings under Sections 406 and 498A IPC can be quashed under Section 482 Cr.P.C. on the basis of settlement between parties.
Whether quashing proceedings is warranted to ensure the ends of justice given the personal nature of the dispute and lack of public interest.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶32
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of PunjabApplied¶32
Narinder Singh and Others v. State of Punjab [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersApplied¶32
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
3 provisions across 2 enactments
FIRDUS
NAFEEZA
THASNI CHALIL
FAROSH
STATE OF KERALA
SURAYYA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court