Allowed

Fasna A.P v. State of Kerala

Kerala HC19 Jan 2023Crl.MC/13/2023

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam allowed a criminal miscellaneous petition to quash the final report in a criminal case involving Sections 323 and 498-A IPC. Relying on settled precedent, the court held that since the dispute was personal and amicably settled, quashing the proceedings was warranted.

What did the court decide?

Crl.M.C. allowed; Annexure-2 Final Report in C.C.No.673 of 2022 quashed.

Fasna A.P Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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CRL.MC NO. 13 OF 2023

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(AGAINST THE ORDER/JUDGMENT IN C.C.NO.673/2022 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKKAD)

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PETITIONER/ DEFACTO COMPLAINANT:

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FASNA A.P AGED 24 YEARS AALIPARAMBIL HOUSE, BEEMANAD, ALANALLOOR, PALAKKAD, PIN - 678601

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BY ADVS. K.T.THOMAS MATHEW BOB KURIAN

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RESPONDENTS/ ACCUSED 1 TO 4:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 MOHAMMED MANSOOR AGED 29 YEARS KOLAKKATTIL VEEDU, KARKKIDAMKUNNU, ALANALLOOR, PALAKKAD, PIN - 678605

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3 MUHAMMEDALI AGED 68 YEARS, KOLAKKATTIL VEEDU, KARKKIDAMKUNNU, ALANALLOOR, PALAKKAD, PIN - 678605

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4 AYISHA AGED 61 YEARS KOLAKKATTIL VEEDU, KARKKIDAMKUNNU, ALANALLOOR, PALAKKAD, PIN - 678605

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CRL.MC NO. 13 of 2023

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-:2:-

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5 AFSAL AGED 25 YEARS KOLAKKATTIL VEEDU, KARKKIDAMKUNNU, ALANALLOOR, PALAKKAD, PIN - 678605

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SMT.T.V.NEEMA SR.P.P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 13 of 2023

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-:3:-

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O R D E R

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Dated this the 19 th day of January, 2023

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This Crl.M.C. has been preferred to quash Annexure-2 Final Report in C.C.No.673 of 2022 on the file of the Judicial First Class Magistrate Court, Mannarkkad on the ground of settlement between the parties.

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The petitioner is the defacto complainant. The respondents 2 to 5 are accused Nos. 1 to 4.

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The offences alleged against the respondents 2 to 5 are punishable under Sections 323 and 498-A of Indian Penal Code.

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I have heard Sri.K.T.Thomas, the learned counsel for

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the petitioner and Smt.T.V.Neema, the learned Senior Public Prosecutor.

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The averments in the petition would show that the entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the criminal proceedings further.

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The Apex Court in Gian Singh v. State of Punjab

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CRL.MC NO. 13 of 2023

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-:4:-

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[2012 (4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab 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.

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The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure-2. The offences in question does 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).

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For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further.

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CRL.MC NO. 13 of 2023

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-:5:-

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Accordingly, the Crl.M.C. is allowed. Annexure-2 Final Report in C.C.No.673 of 2022 on the file of the Judicial First Class Magistrate Court, Mannarkkad hereby stands quashed.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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APA

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CRL.MC NO. 13 of 2023

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-:6:-

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APPENDIX OF CRL.MC 13/2023

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PETITIONER'S ANNEXURES

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Annexure 1 TRUE COPY OF FIR NO.411/2022 OF NATTUKAL POLICE STATION Annexure 2 CERTIFIED COPY OF FINAL REPORT NO.602/2022 IN C.C NO.673/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKKAD

Fasna A.P v. State of Kerala

Case brief

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Fasna A.P v. State of Kerala

Case brief

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