Crl.M.C.No. 4588 of 2014 (Sameer M. and others v. State of Kerala)

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** ## **THURSDAY, THE 14TH DAY OF AUGUST 2014/23RD SRAVANA, 1936** ## **Crl.MC.No. 4588 of 2014** ## **------------------------------------** ## **CRIME NO. 700/2013 OF VIDYA NAGAR POLICE STATION , KASARGOD** **--------------** ## **PETITIONER(S)/ACCUSED NO. 1 TO 5:** **-----------------------------------------------------** ## **1. SAMEER.M., AGED 34 YEARS,** - **S/O.ADBUL RAHIMAN, SUMAIRA MANZIL, CHENGALA VILLAGE AND P.O., KASARGODE DISTRICT.** ## **2. ADBUL RAHIMAN, AGED 56 YEARS,** - **S/O.ABDULLA, SUMAIRA MANZIL, CHENGALA VILLAGE AND P.O. KASARGODE DISTRICT.** **3. MARIYUMMA, W/O.ADBUL RAHIMAN, AGED 46 YEARS, SUMAIRA MANZIL, CHENGALA VILLAGE AND P.O. KASARGODE DISTRICT.** ## **4. TAHIRA, AGED 39 YEARS** - **D/O.ADBUL RAHIMAN, SUMAIRA MANZIL, CHENGALA VILLAGE AND P.O., KASARGODE DISTRICT.** ## **5. SUMAIRA, AGED 22 YEARS,** - **D/O.ADBUL RAHIMAN, SUMAIRA MANZIL CHENGALA VILLAGE AND P.O., KASARGODE DISTRICT.** ## **BY ADV. SRI.I.V.PRAMOD** ## **RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:** **---------------------------------------------------------------------------** ## **1. STATE OF KERALA,** - **REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** ## **2. AYSHATH MANZOODA, AGED 18 YEARS,** - **D/O.ADBUL RAHIMAN, RESIDING AT ABDUL RAHIMAN MAHAL, BOMBRANA VILLAGE AND P.O., KASARGODE DISTRICT.** ## **3. SUHARA, AGED 40 YEARS,** **W/O.ADBUL RAHIMAN, RESIDING AT ABDUL RAHIMAN MAHAL, BOMBRANA VILLAGE AND P.O., KASARGODE DISTRICT.** **R1 BY PUBLIC PROSECUTOR SMT.BINDU GOPINATH R2&3 BY ADV. SRI.S.U.NAZAR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **PJ** **Crl.MC.No. 4588 of 2014 ----------------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES** **-----------------------------------------** - **A1 - A TRUE COPY OF THE COMPLAINT DT. 22.11.3.** - **A2 - CERTIFIED COPY OF THE FIRST INFORMATION REPORT DT. 22.11.13.** - **A3 - THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.** - **A4 - THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT.** **RESPONDENT(S)' ANNEXURES --------------------------------------------** **NIL.** **/ TRUE COPY /** ## **P.S. TO JUDGE** **PJ** ## **V.K.MOHANAN, J. ------------------------------Crl.M.C.No.4588 of 2014** ## **------------------------------Dated this the 14[th] day of August, 2014.** ## **O R D E R** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are the accused in Crime No.700 of 2013 of Vidyanagar Police Station for the offences punishable under Sections 376, 109, 493, 496, 193, 466, 406 r/w 34 of I.P.C. with a prayer to quash Annexure A2 FIR and all further proceedings pending against the petitioners pursuant to the above crime, as the matter is settled out of court. 2. The allegation in the above case is that the 1[st] petitioner on false promise to marry the minor daughter of the 3[rd] respondent, took her away from their home on 11.4.2013 and performed some fake marriage ceremonies, and thereafter they resided together as husband and wife ## **Crl.M.C.No.4588 of 2014** 2 in the house of the 1[st] accused and he had sexual intercourse with her and thereby committed rape on her and that accused nos.2, 3, 4 and 5 also abetted for the same. Hence, they have committed the offences as alleged by the prosecution. Now, the case of the petitioners is that the matter is settled out of court. 3. Heard the learned counsel for the petitioners as well as the 2[nd] and 3[rd] respondents. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that during the pendency of the above case, the matter is settled amicably between the 1[st] petitioner/husband and the 2[nd] respondent/wife and they are living together and leading a peaceful marital life with their child. Therefore, the continuation of the proceedings in the above case is abuse of process of law and proceedings. 5. The learned counsel for the 2[nd] and 3[rd] respondents who on the basis of specific instruction received from the respondents submitted that the above **Crl.M.C.No.4588 of 2014** 3 respondents, who are the victim and the de facto complainant respectively, do not intends to proceed any further against the petitioner and they have no grievance against him. 6. I have carefully considered the above submissions of the respective counsel. I have verified the documents and materials produced along with the above petition. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition. 7. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only under Sections 376, 109, 493, 496, 193, 466, 406 r/w 34 of IPC, which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are involved, the real parties to the dispute approached this **Crl.M.C.No.4588 of 2014** 4 Court after having amicably settled the matter. From the submission made by the counsel for the 2[nd] and 3[rd] respondents, it appears to me that the the victim and the de facto complainant have no further grievance against the petitioner/accused in the light of the settlement arrived by them. In this juncture, it is relevant to note the decision of the Honourable Apex Court reported in **Gian Singh** v. **State of Punjab** [2012(4) KLT 108(SC)]. In Gian Singh's case, the Supreme Court has held as follows:- “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.” **Crl.M.C.No.4588 of 2014** 5 ## It is further held as follows:- “......... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........” According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision is applicable in the present case. According to me, as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote and encourage such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of 6 ## **Crl.M.C.No.4588 of 2014** proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decision cited supra, this Criminal M.C. can be allowed granting the relief as sought for. In the result, this Crl.M.C. is allowed, quashing Annexure A2 FIR and all further proceedings pending against the petitioners pursuant to Crime No.700 of 2013 of Vidyanagar Police Station. Sd/- **V.K.MOHANAN, Judge.** ami/ //True copy// P.A.to Judge