Noushad M.K. v. State of Kerala and Rabiyath Farsana & Khader C.H.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** **FRIDAY, THE 25TH DAY OF JULY 2014/3RD SRAVANA, 1936** ## **Crl.MC.No. 4218 of 2014** ## **----------------------------------** **CC 74/2013 OF JUDICIAL FIRST CLASS MAGISTRATECOURT-II,HOSDRUG CRIME NO. 114/2012 OF BEKAL POLICE STATION , KASARGOD** **--------------** ## **PETITIONER/ACCUSED:** **----------------------------------** **NOUSHAD M.K, AGED 29 YEARS, S/O. KHAZIM, MAILANJIKKAL HOUSE, PUTHIYANGADI, CHUTTATT, MADAYI VILLAGE, KANNUR.** **BY ADV. SRI.A.ARUNKUMAR** ## **RESPONDENTS/COMPLAINANT/STATE:** **--------------------------------------------------------** **1. RABIYATH FARSANA, AGED 17 YEARS,** - **D/O. KHADER C.H., AGED 47 YEARS, RESIDING NEAR KALANAD GAS AGENCY, KALANAD, KALANAD VILLAGE, HOSDURG TALUK-671121, REP.BY GUARDIAN KHADER, 2ND RESPONDENT.** **2. KHADER.C.H., AGED 47 YEARS, S/O.ABDUL RAHIMAN, KALANAD, RESIDING NEAR KALANAD GAS AGENCY, KALANAD, KALANAD VILLAGE, HOSDURG TALUK-671121,** **3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.** **R1-2 BY ADV. SRI.P.K.SUBHASH R3 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **PJ** ## **Crl.MC.No. 4218 of 2014** ## **---------------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES** **------------------------------------------** **ANNEXURE A1- A TRUE COPY OF THE F.I.R IN CRIME NO. 114 0F 2012 OF BEKAL POLICE STATION.** **ANNEXURE AII- A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 114 OF 2012 OF BEKAL POLICE STATION.** **ANNEXURE AIII- A TRUE COPY OF THE STATEMENT OF THE FIRST RESPONDENT TAKEN BY THE MAGISTRATE ON 30-04-2012.** **ANNEXURE AIV- A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT ENDORSING THE FACTUM OF COMPOUNDING OF THE ABOVE SAID OFFENCE AND THE SETTLEMENT OF DISPUTES BETWEEN THE PARTIES.** ## **RESPONDENT(S)' ANNEXURES** **--------------------------------------------** **NIL.** **/ TRUE COPY /** ## **P.S. TO JUDGE** ## **PJ** ## **V.K.MOHANAN, J.** ## **------------------------------Crl.M.C.No.4218 of 2014** **------------------------------Dated this the 25[th] day of July, 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 petitioner, who is the accused in C.C.No.74 of 2013 of the Judicial First Class Magistrate Court-II, Hosdurg, which is a case instituted upon the police report [in Crime No.114 of 2012 of Bekal Police Station] for the offences punishable under Section 363 of I.P.C. with a prayer to quash AII final report in the above crime, as the matter is settled out of court. 2. The allegation in the above case is that on 4.3.2012 at 8 p.m., the accused, who is the neighbour of the 2[nd] respondent/de facto complainant, kidnapped the daughter of the de facto complainant, who is the 1[st] respondent herein and the victim, from the quarters and **Crl.M.C.No.4218 of 2014** 2 went to Tamilnadu and thereby committed the offence as alleged by the prosecution. Now, the case of the petitioner is that the matter is settled out of court. 3. Heard the learned counsel for the petitioner as well as the 1[st] and 2[nd] 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 parties to the dispute which is the subject matter of the above case. Therefore, the continuation of the proceedings in the above case is abuse of process of law and proceedings. 5. The learned counsel for the 1[st] and 2[nd] respondents who on the basis of specific instruction received from the respondents submitted that the above 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 **Crl.M.C.No.4218 of 2014** 3 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 Section 363 of I.P.C. 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 Court after having amicably settled the matter. From the submission made by the counsel for the 1[st] and 2[nd] respondents, it appears to me **Crl.M.C.No.4218 of 2014** 4 that 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.” ## 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, **Crl.M.C.No.4218 of 2014** 5 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 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 6 ## **Crl.M.C.No.4218 of 2014** 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 AII final report in Crime No.114 of 2012 of Bekal Police Station and all further proceedings pending against the petitioner in C.C.No.74 of 2013 of the Judicial First Class Magistrate Court-II, Hosdurg. Sd/- **V.K.MOHANAN, Judge.** ami/ //True copy// P.A. to Judge