IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
CRL.MC NO. 7814 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1591/2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONER/ACCUSED:
SANU JACKSON
AGED 50 YEARS, S/O JACKSON,
SAJU BHAVAN, KANIYAMKADA, MEENATHU CHERI,
SAKTHIKULANGARA VILLAGE, KOLLAM TALUK,
KOLLAM DISTRICT- 691 581, PIN - 691581
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
SAMEER M NAIR
GEETHU KRISHNAN
SAILAKSHMI MENON
RESPONDENTS/ STATE,
I.O & DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
POLICE STATION OF SAKHTIKULANGARA,
KOLLAM DISTRICT, PIN - 691003
3 MERCY
AGED 53 YEARS, W/O WILSON,
K.C NAGAR-155, THALAKKODU KIZHAKKATHIL
VEEDU,KANIYAMKADA, MEENATHU CHERI,
SAKTHIKULANGARA VILLAGE, KOLLAM TALUK,
KOLLAM DISTRICT, PIN - 691581
SRI P G MANU-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09.12.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 7814 of 2022
-:2:-
ORDER
Dated this the 9th day of December, 2022 This Crl.M.C. has been preferred to quash Annexure-A1 Final Report in C.C.No.1591/2018 on the file of the Judicial First Class Magistrate Court-II, Kollam on the ground of settlement between the parties.
2. The petitioner is the accused. The 3rd respondent is the de facto complainant.
3. The offences alleged against the petitioner are punishable under Sections 451 and 354-A of the Indian Penal Code.
4. Affidavit sworn in by the 3 rd respondent is also produced.
5. I have heard Sri.Manu Ramachandran, the learned counsel for the petitioner, and Sri.P.G.Manu, the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in by the 3rd respondent would show that the entire dispute between the parties has been amicably settled and the de facto CRL.MC NO. 7814 of 2022 -:3:- 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.
7. The Apex Court in Gian Singh v. State of Punjab [2012 (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.
8. The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected CRL.MC NO. 7814 of 2022 -:4:- by quashing the proceedings pursuant to Annexure-A1. The offences 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-A1 Final Report in C.C.No.1591/2018 on the file of the Judicial First Class Magistrate Court-II, Kollam hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 7814 of 2022 -:5:- APPENDIX OF CRL.MC 7814/2022 PETITIONERS' ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.569/2018 OF SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT NOW PENDING AS C.C NO.1591/2018 ON THE FILES OF JFMC-II, KOLLAM Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 12.10.2022 SWORN BY THE 3RD RESPONDENT/DE- FACTO COMPLAINANT