Allowed

Saji Ali v. State of Kerala

Kerala HC18 Jan 2023Crl.MC/201/2023

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against three accused under Sections 447 and 427 of the IPC. Relying on Supreme Court precedents regarding Section 482 Cr.P.C., the court held that since the dispute was personal and amicably settled by the parties, quashing the proceedings served the ends of justice.

What did the court decide?

The Criminal Miscellaneous Case (Crl.M.C.) No. 201/2023 is allowed and the Final Report in C.C. No. 1144/2022 on the file of the Judicial First Class Magistrate Court-I, Attingal is hereby quashed.

Saji Ali Vs State of Kerala — Quashing and FIR | 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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WEDNESDAY, THE 18^TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944

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CRL.MC NO. 201 OF 2023

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CRIME NO.829/2022 OF Pothencode Police Station,

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Thiruvananthapuram

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CC 1144/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS

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-I,ATTINGAL

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PETITIONERS/ACCUSED NOS. 1 TO 3:

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1 SAJI ALI

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AGED 46 YEARS S/O ALIYARKUNJU, VILLA NO 33, FAVORITE HOMES, IRISH IYLE, KOLIYAKKODE, THIRUVANANTHAPURAM, PIN - 695607

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2 ROHIT KURYAN AGED 35 YEARS S/O MATHEW, VILLA NO 29, FAVORITE HOMES, IRISH IYLE, KOLIYAKKODE, THIRUVANANTHAPURAM, PIN - 695607

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3 PRASANAN AGED 52 YEARS S/O GOPI, NELLIKKADU THADATHARIKATHU VEEDU, KOLIYAKKODE, THIRUVANANTHAPURAM, PIN - 695607

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BY ADV V.A.VINOD

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RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:

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

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Crl.M.C.No.201/2023

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-:2:-

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2 THE STATION HOUSE OFFICER POTHENCODE POLICE STATION, THIRUVANANTHAPURAM, PIN - 695584

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3 REEFA ANVAR AGED 39 YEARS W/O ANVAR, IRISH VILLA NO 35, FAVORITE HOMES, LEKSHMIPURAM, POOLANTHARA, KOLIYAKODE, THIRUVANANTHAPURAM, PIN - 695607

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BY SMT. T.V. NEEMA, SR.PUBLIC PROSECUTOR SHAKTHI PRAKASH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.201/2023

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O R D E R

Dated this the 18^th day of January, 2023

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This Crl.M.C. has been preferred to quash Annexure 1 Final

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Report in C.C.No.1144/2022 on the file of the Judicial First Class

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Magistrate Court-I, Attingal on the ground of settlement between the parties.

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The petitioners are the accused Nos. 1 to 3. The 3^rd respondent is the defacto complainant.

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The offences alleged against the petitioners are punishable under Sections 447 and 427 of IPC

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The respondent No.3 entered appearance through

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counsel. An affidavit sworn in by her is also produced.

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I have heard Sri. V.A. Vinod, the learned counsel for

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the petitioners, Sri. Shakthi Prakash, the learned counsel for the respondent No.3 and Smt. T.V. Neema, the learned Senior Public Prosecutor.

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The averments in the petition as well as the affidavit

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sworn in by the respondent No.3 would show that the entire

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Crl.M.C.No.201/2023

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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.

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The Apex Court in Gian Singh v. State of Punjab [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

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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

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Crl.M.C.No.201/2023

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nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure 1. 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).

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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. Accordingly, the Crl.M.C. is allowed. Annexure 1 Final Report in C.C.No.1144/2022 on the file of the Judicial First Class Magistrate Court-I, Attingal hereby stands quashed.

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sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

Crl.M.C.No.201/2023

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APPENDIX OF CRL.MC 201/2023

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PETITIONER ANNEXURES

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Annexure1 CERTIFIED COPY OF THE FINAL REPORT IN C.C NO 1144/2022 PENDING ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ATTINGAL Annexure2 THE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 17.11.2022

Saji Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saji Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

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