High Court of KeralaSingle JudgeQuashed

Abdul Noor & Another v. State of Kerala & Others

Case / Petition Number:Crl.M.C.No.4213 of 2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Bechu Kurian Thomas, J.
Judgment Date
2023-02-02
Court Decision / Holding
The Crl.M.C. No.4213 of 2019 is allowed. Proceedings in CC No.1676/2015, on the file of the Judicial First Class Magistrate's Court -VIII, Ernakulam, are quashed. The mediator’s report along with the settlement shall form part of this order, and the parties shall comply with the terms of the settlement. The order records that the matter has been settled through mediation under ADR provisions.
Final Disposition
Quashed

Parties to the Case

Appellants / Petitioners

  • Abdul Noor
  • Another

Respondents

  • The State of Kerala & Others
  • Inspector of Police, Panangad Police Station, Ernakulam

Case Synopsis & Summary

This is a criminal miscellaneous case (Crl.M.C. No.4213 of 2019) before the High Court of Kerala at Ernakulam. Abdul Noor and another petitioned to quash proceedings in CC No.1676/2015 before the Judicial First Class Magistrate, VIII, Ernakulam, arising from offences under Section 323 read with Section 34 IPC. During pendency, the matter was referred to mediation and a settlement was reported. Relying on established Supreme Court doctrine, the court noted that in appropriate cases the High Court may take notice of amicable settlements between victims and wrongdoers to end criminal proceedings, a principle reiterated in Gian Singh v. State of Punjab and Others (2012) 10 SCC 303; Narinder Singh and Others v. State of Punjab and Another (2014) 6 SCC 466; and Yogendra Yadav and Others v. State of Jharkhand and Others (2014) 9 SCC 653. On considering the mediator’s report and the settlement terms, the High Court concluded that the dispute has been settled and quashed the proceedings against the petitioners. The mediator’s report and the settlement are to form part of the order. The decision was rendered by Judge Bechu Kurian Thomas on 2 February 2023. The matter reflects ADR mechanisms (Section 89 CPC read with Rules 24–25 ADR Rules, 2008) influencing criminal proceedings via compounding/settlement.

Provisions of Law Cited

Section 323 IPC r/w 34 IPC, 1860Section 89, CPCRules 24 & 25 of the Civil Procedure ADR Rules, 2008

Legal Doctrines & Maxims

  • Amicable settlement/compromise can quash criminal proceedings; High Court can take note of amicable resolutions to end proceedings where appropriate.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued for quashing of CC No.1676/2015 on the basis of an amicable settlement reached with the defacto complainant and corroborated by the mediator’s report. Citing Gian Singh, Narinder Singh and Yogendra Yadav, they contended that such settlements, when properly recorded, justify quashing proceedings to secure ends of justice and to prevent abuse of the criminal process. The settlement includes the defendants and the defacto complainant; affidavits have been filed; the mediator’s report is to be treated as part of the order. Continuing proceedings would amount to vendetta rather than reconciliation and would undermine ADR efforts.

Contentions of Respondents

The respondents acknowledged the settlement mediated between the parties and submitted that the mediator’s report should be incorporated in the order. They emphasized that while a settlement can justify quashing, the court must ensure the settlement is voluntary, properly recorded, and compliant with ADR rules. They also noted that CC No.1679/2015 is pending before JFCM-VIII (defacto complainant case) and that safeguards ensuring victim rights and legality of the process must be observed before final disposal.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab and AnotherI(2012) 10 SCC 303PositiveApex Court held that in appropriate cases the High Court can take note of amicable settlements to end criminal proceedings, supporting quashing in suitable circumstances.
Narinder Singh and Others v. State of Punjab and Another(2014) 6 SCC 466PositiveReiterated the principle that amicable settlements can terminate criminal proceedings, reinforcing the court’s power to quash where settlement exists.
Yogendra Yadav and Others v. State of Jharkhand and Another(2014) 9 SCC 653PositiveFurther affirmation of the amicable settlement principle enabling quashing of proceedings to achieve ends of justice.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Abdul Noor & Another v. State of Kerala & Others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## IN TEE HIGH CotJRT OF RERAIA AT EENAK(JIIAM ## PRESET THE HODrouRABLE in. eusTlcE BECHt) KURIAN HODns THunsDAr, THE 2ro DAY or REBRmRr 2023 / 13" mcIA, 1944 CRL.Mc ro. 4213 oF 2olg CRIME ro.12o4/2ol4 OF pANAirenD roLICE STATION CC 1676/2015 0F OREIC -vllI, ERNaRI7IAM (TEMpoRAR¥) ## pETITloNERs/ accrysED : ABDUII NcOR, AGue 43 ±, S/o. SEusuDHEEN , puTHENvlln vEEDu , K.K.HONAM p.o. , PAI,I,IREAI, vll.mGE, TEIRt7vnNANTHApuRm4 DlsTRlcT.S-, AGED 30 YEARS, S/O. SHAMSUE}EEEN, ?tjEHENv=IA VIEBtj, j€.j€.jroataM p.a. , PELLIREZLL VII.RAGE , THIRtJVANANTEIAPURAM DI STRICT. 8¥ ADv GlsA susAN THcn4As ## REScoroENTS/ ConeIAINANTS & DEFAcro cch4pIAINANT : TEE STATE oF RERAln, REEiRESENTED By peel,Ic pROsEcuTOR, HIGH CCxpT OF RERAlfA, EENARIJIAM -682 031. sun INSpECTOR oF pot.ICE, PAimNGaD POLICE STATION, I-. K.M.RELJ", ZRERI) 56 ¥EARs, s/o.I.ABDul, imoEED, ELLIE(JNNIL HOUSE, RETTcOR DESOM, inBADu vlLmGE, plN-682 304. 2 ## gBiing- By ADv SRI,B.N.sHlvsANrm 8¥ SRE.sREEdA V. , ptmLIC pRosEcouon THls CRIMINEL Mlsc. CIASE HAVING CCRE up ron Ermsslon On o2.o2.2o23, THE corn ow THE same Day pAssED rm FOLI.cmaNG: ® eBhne No. 4213 OF 2019 BECHU KURIAN THOMAS, J. .---I-----------.--------------- Crl.M.C.No.4213 of 2019 --------------------------------Dated this the- 2nd day of February, 2023 Petitioners challenge the proceedings in C.C.No.1676/2015 on the r } files Qf the Judicial First class Magistrate's Court -VIII, Ernakulam. The offences alleged are under Section 323 r/w Section 34 of the Indian Penal Code, 1860. 2. White the Crl.M.C. was pending before this Court, the parties were referred for mediation and as per the report of the Mediator, the maifer has been settled. The Memorandum Of Settlenreut has also been produced. 3. Heard the learned counsel for the petitioners and the learned ® counsel for the respondent, apart from the learned public prosecutor. 4. In Gian Singh v. State of Punjab and Another I(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable- resotutien` Of dispute-s betvveen the vlctim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and aH:hers v. State of Jharkhand and Another I(2014) 9 SCC 653]. •{jl, CEL.iac No. 4213 oF 2olg 4 5. Having regard to the settlement arrived at between the parties before the Mediator, I am satisfied that the dispute between the parties in C.C.No.1676/2015 on the files of the Judicial First Class Magistrate's Court -VIII, Ernakulam has been settled. In view of the above settlement, all proceedings against the petitioners in C.C.No.1676/2015 on the files of the Judicial First Class Magistrate's Court - VIII, Ernakulam are quashed. The report of the Mediator along with the settlement shall form part of this order. This Crl.M.C is allowed as above. Sd/BECHU KURIAN THOMAS, JUDGE RKM eB±.Mc NO. 4213 OF 2Oi9 ## APLBE+ dx_ QF dBI,Jar: j±j=i-3/L±±± ## RE!ITIchtERsiANRE+ANNHnmEs: AmwlExma Ai CERTIFIED COPY OF THE FIR NO.1204/2014 0F PANENGAD pot,Ice sTATlcIN, EEunKurm[. > ABINEXURE A2 CERTIFIED copy OF TEE FIml, REpORT IN CRIRE No.12o4/2ol4 oF p]uENGrm pol.ICE sTATloN, EENARI7Ian. ''1 ® # BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Crl MC No. 4213 of 2019 Abdul Noor & Another Petitioners The State of Kerala & Others Respondents BEELORT SUBMITTED By THE MEDIA[m ADV. GEETHA KUMARl.i.S Mediated, matter is settled. Terms and conditions are attached herewith. Dated this the lqth day of July, 2022. Adv. Geetha Kumari P.S Mediator Ernakulam Mediation Centre # BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM ## Crl tic No. 4213 of 2019 Abdul Noor & Another : Petitioners Vs. The state of Kerala & Others : Respondents MEMORANDUM 0F SETTLEMENT FILED UNDEH SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIV.L PROCEDURE IAulERNATIVE DISPUTE RESOLUTIONl. RULES. 2008: ,` Both parties agreed to settle all the issues infrolved in the matter in the mediation amicably in the following terms and conditions: 1, The Petitioner herein in the Crl.MC.No.4213/2019 are the accused in CC.No.1676/2015 pending before the jFCM-Vlll, Ernakulam and third respondent herein is the Defacto Complainant therein. 2. Third respondent herein/Defacto Complainant is the accused in CC.No.1679/2015 which is pending before thejFCM-VIII, Ernakulam. S.Noorunrza, is the Defacto Complainant/Cwl in CC.No.1679/2015. **==> picture [531 x 157] intentionally omitted <==** **----- Start of picture text -----**<br> P,-f tw ifovy s Ytwck<br>wh<br>i-4t,fL^.,<br>cifec)I ferfesfaieMedffie8mawhone5Hve<br>Hign Court ef Kefala<br>KOchi -Oca o31<br>7 [+]<br>Woo eci d ii i)<br>Bfarfe C6mpfuraid /fco '<br>**----- End of picture text -----**<br> I zin cc AoTO. {G Tq -2- 3. The Defacto Complainant/3rd Respondent herein shall file affidavit in Crl,M;{£;D;o.4213/2019 for recording the settlement. The 3rd respondent has no grievances against the 2nd Petitioner. ^ 4. The Defacto Complainant/Cwl in Crime No.1205/2014 of Panangad, Police Station, (Cwl in CC.No.1679/2015) shall file affidavit for recording the settlement before jFCM-VIIl, Ernakulam. The accused and Cwl in CC.No.1679/2015 shall file compounding petition before the JFCM-Vlll, Ernakulam. ## Dated this the 19th day of July, 2022. ## 1st Petitioner ## 3rd Respondent **==> picture [170 x 53] intentionally omitted <==** **----- Start of picture text -----**<br> Abdul Noor<br>.I, -EiEuE<br>**----- End of picture text -----**<br> **==> picture [88 x 15] intentionally omitted <==** **----- Start of picture text -----**<br> K.M Najeem<br>**----- End of picture text -----**<br> ## Defacto Complainant/CW1 - S.Nooruniza .8 in CC.No.1679/2015 **==> picture [187 x 96] intentionally omitted <==** **----- Start of picture text -----**<br> •___-___i_I<br>I-<br>Counsel for lst Petitioner<br>-__-----_-+:-<br>**----- End of picture text -----**<br> Counsel for 3rfid Counsel for Defacto Complainant/Cwl in CC.No.1679/2015 l{era:a siu[t :li:{` xp'.^,!„Hia{'on centre High Court of Kerala Kocr,i -682 031