High Court quashed final report in CC No. 572/2021 regarding Section 498A IPC. Court held that personal dispute settled amicably allows quashing under S. 482 Cr.P.C. to prevent abuse of process, citing Supreme Court precedents.
Crl.M.C. allowed; Annexure A2 Final Report in C.C.No.572/2021 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. 31 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 16TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944
CRL.MC NO. 31 OF 2023
CRIME NO.577/2021 OF Perinthalmanna Police Station, Malappuram
AGAINST CC 572/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PERINTHALMANNA
PETITIONER/ACCUSED:
MUHAMMED RIYAS, AGED 26 YEARS
S/O MUHAMMADALI,
CHEMMAMKUZHI HOUSE, VALAMKULAM,
ANAMANGAD, ODAMALA,
MALAPPURAM DISTRICT, PIN - 679357
BY ADV P.SAMSUDIN
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2SUMAYYA SHERIN, AGED 22 YEARS
D/O MOIDUTTY (LATE), CHOLAMUKHATH HOUSE,
KAPPUMUKHAM, THAZHEKODE WEST P.O.,
PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN - 679352
R1 BY SMT.T.V.NEEMA-SR.PUBLIC PROSECUTOR
R2 BY ADV LIRA A.B.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 31 OF 2023
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O R D E R
This Crl.M.C. has been preferred to quash Annexure A2 Final
Report in C.C.No.572/2021 on the file of the Judicial First Class Magistrate Court I, Perinthalmanna on the ground of settlement between the parties.
counsel. An affidavit sworn in by her is also produced.
CRL.MC NO. 31 OF 2023
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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.
(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.
CRL.MC NO. 31 OF 2023
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The offence 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).
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 A2 Final Report in
C.C.No.572/2021 on the file of the Judicial First Class Magistrate
Court I, Perinthalmanna hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
ab
CRL.MC NO. 31 OF 2023
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APPENDIX OF CRL.MC 31/2023
PETITIONER ANNEXURES
Annexure A1THE CERTIFIED COPY OF THE FIR IN CRIME
NO. 577/2021 OF PERINTHALMANNA POLICE
STATION
Annexure A2THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 577/2021 OF PERINTHALMANNA
POLICE STATION
Annexure A3THE AFFIDAVIT DATED 25-11-2022 SWORN IN
BY THE 2ND RESPONDENT
RESPONDENTS ANNEXURES: NIL
3 issues framed by the court
Whether criminal proceedings under Section 498A of IPC can be quashed upon settlement between parties under Section 482 of Cr.P.C.
Whether the dispute is personal in nature and does not affect public interest or community harmony.
Whether the offence falls within categories prohibited for compounding under judicial pronouncements.
Colour shows how this judgement treated each authority
3 provisions across 2 enactments
MUHAMMED RIYAS
STATE OF KERALA
SUMAYYA SHERIN
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court