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2025 DIGILAW 369 (KER)

ABDUL LATHEEF S/o. ABDURAHMAN v. STATE OF KERALA

2025-02-24

C.JAYACHANDRAN

body2025
ORDER : A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [ (2012) 10 SCC 303 ]. Similarly in Narinder Singh and Others v. State of Punjab [ (2014) 6 SCC 466 ], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offences under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in Madan Mohan Abbot v. State of Punjab [ (2008) 4 SCC 582 ] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow: “6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” 2. Taking into consideration the aforementioned parameters, I shall proceed to consider each case accordingly. 3. These cases arise from the same set of facts. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” 2. Taking into consideration the aforementioned parameters, I shall proceed to consider each case accordingly. 3. These cases arise from the same set of facts. The alleged incident occurred on 28.07.2015, based on the disputes that existed between two factions of the Muslim community, namely, the A.P. and E.K. factions, regarding the conduct and management of Badar-ul-Huda Madrassa. In relation to these facts, four criminal cases were registered by the Parappanangadi Police Station, concerning the incidents that took place on that day between the parties. 4. In Crl.M.C.No.1970/2024 , petitioners are the accused persons in Crime No. 1025 of 2015 of Parappanangadi Police Station, Malappuram, now pending as S.C.No.300/2017 before the Assistant Sessions Court, Tirur. As per the final report the offences alleged are under Sections 143, 147, 148, 323, 324, 354, 506(ii), 326, 308 read with Section 149 of the Indian Penal Code. On perusal of the statements of the defacto complainant/respondent no.3 and respondent nos. 4 to 19, the injured persons in the above Crime, it is clear that the issues between the petitioners and respondents are amicably settled and that they have no objection in quashing the criminal proceedings against the petitioners. This Court has also perused Annexures-A3 to A19 affidavits sworn to by the respondent nos. 3 to 19, wherein they would unequivocally state that the disputes have been settled amicably and that they have no objection in quashing the criminal proceedings against the petitioners. Furthermore, the affidavits are sworn to on their free will. 5. In Crl.M.C.No.2146/2024 , petitioners are the accused persons in Crime No. 1028 of 2015 of Parappanangadi Police Station, Malappuram, now pending as S.C.No.353/2017 before the District & Sessions Court, Manjeri. As per the final report the offences alleged are under Sections 341, 323, 326, 308 read with Section 34 of the Indian Penal Code. On perusal of the statement of the defacto complainant/respondent no.2, it is clear that the issues between the petitioners and the defacto complainant are amicably settled and that he has no objection in quashing the criminal proceedings against the petitioners. On perusal of the statement of the defacto complainant/respondent no.2, it is clear that the issues between the petitioners and the defacto complainant are amicably settled and that he has no objection in quashing the criminal proceedings against the petitioners. This Court has also perused Annexure-4 affidavit sworn to by the defacto complainant, wherein he would unequivocally state that the disputes between the petitioners and the defacto complainant have been settled amicably and that he has no subsisting grievance against the petitioners. The defacto complainant would also swear that he has no objection in quashing the criminal proceedings against the petitioners and that the affidavit is sworn to on his free will. 6. In Crl.M.C.No.2162/2024 , petitioners are the accused persons in Crime No. 1067 of 2015 of Parappanangadi Police Station, Malappuram, now pending as C.C.No.64/2016 before the Judicial First Class Magistrate Court, Parappanangadi. As per the final report the offences alleged are under Sections 143, 147, 148, 323, 324, 354, 427, 447, 506(1) read with Section 149 of the Indian Penal Code. On perusal of the statement of the defacto complainant/respondent no.1, it is clear that the issues between the petitioners and the defacto complainant are amicably settled and that she has no objection in quashing the criminal proceedings against the petitioners. This Court has also perused Annexure-5 affidavit sworn to by the defacto complainant, wherein she would unequivocally state that the disputes between the petitioners and the defacto complainant have been settled amicably and that she has no subsisting grievance against the petitioners. The defacto complainant would also swear that she has no objection in quashing the criminal proceedings against the petitioners and that the affidavit is sworn to on her free will. 7. In Crl.M.C.No.2197/2024 , petitioners are the accused persons in Crime No. 1160 of 2015 of Parappanangadi Police Station, Malappuram, now pending as C.C.No.892/2016 before the Judicial First Class Magistrate Court, Parappanangadi. As per the final report the offences alleged are under Sections 143, 147, 148, 323, 324, 326, 447 read with Section 149 of the Indian Penal Code. On perusal of the statements of the defacto complainant/respondent no.2 and respondent nos. 3 to 13, the injured persons in the above Crime, it is clear that the issues between the petitioners and respondents are amicably settled and that they have no objection in quashing the criminal proceedings against the petitioners. On perusal of the statements of the defacto complainant/respondent no.2 and respondent nos. 3 to 13, the injured persons in the above Crime, it is clear that the issues between the petitioners and respondents are amicably settled and that they have no objection in quashing the criminal proceedings against the petitioners. This Court has also perused Annexures-5 to 16 affidavits sworn to by the respondent nos. 2 to 13, wherein they would unequivocally state that the disputes have been settled amicably. They would also state that they have no subsisting grievance against the petititoners and that they have no objection in quashing the criminal proceedings against the petitioners. Furthermore, the affidavits are sworn to on their free will. 8 . Having heard the learned counsel for the respective petitioners and respondents, as well as the learned Senior Public Prosecutor and upon careful consideration of the facts and circumstances of the case, the Court is convinced that the settlement arrived at by the parties is genuine and bonafide. The Court finds no reason to doubt the authenticity of the settlement. The sincerity of the parties in resolving the matter amicably is to be acknowledged. 9. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in Narinder Singh (supra), Madan Mohan Abbot (supra) and Gian Singh (supra), are fully satisfied. This court is convinced that further proceedings against the petitioners will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that the offences under Sections 323, 341, 427 and 506 are compoundable, which is all the more a reason to accept the compromise between the parties. 10. In the circumstances, the Crl.M.C Nos.1970 of 2024, 2146 of 2024, 2162 of 2024 and 2197 of 2024 are allowed. Consequently, the F.I.Rs, Final reports and all further proceedings in the following cases are hereby quashed. Sl.No. Case No. FIR/Finalreport/cases 1. Crl.M.C.No.1970/2024 Crime.No.1025 of 2015 of Parappanagadi Police Station, Malappuram, now pending as S.C.No.300/2017 before the Assistant Sessions Court, Tirur. 2. Consequently, the F.I.Rs, Final reports and all further proceedings in the following cases are hereby quashed. Sl.No. Case No. FIR/Finalreport/cases 1. Crl.M.C.No.1970/2024 Crime.No.1025 of 2015 of Parappanagadi Police Station, Malappuram, now pending as S.C.No.300/2017 before the Assistant Sessions Court, Tirur. 2. Crl.M.C.No.2146/2024 Crime.No.1028 of 2015 of Parappanagadi Police Station, Malappuram, now pending as S.C.No.353/2017 before the Assistant Sessions Court, Manjeri. 3. Crl.M.C.No.2162/2024 Crime.No.1067 of 2015 of Parappanagadi Police Station, Malappuram, now pending as C.C.No.64/2016 before the Assistant Sessions Court, Parappanangadi. 4. Crl.M.C.No.2197/2024 Crime.No.1160 of 2015 of Parappanagadi Police Station, Malappuram, now pending as C.C.No.892/2016 before the Assistant Sessions Court, Parappanangadi.