IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
CRL.MC NO. 3222 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1739/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 VISHNU HARIPRASAD
AGED 30 YEARS
S/O. HARIPRASAD,
VAVARA HOUSE, AISHWARYA NAGAR,
T.K.M.C. P.O., KARICODE,
MANGADU VILLAGE , KOLLAM,
PIN - 691005
2 HARIPRASAD
AGED 62 YEARS
S/O. GOVINDAPILLAI,
VAVARA HOUSE, AISHWARYA NAGAR,
T.K.M.C. P.O., KARICODE,
MANGADU VILLAGE , KOLLAM,
PIN - 691005
3 RAMADEVI
AGED 56 YEARS
W/O. HARIPRASAD,
VAVARA HOUSE, AISHWARYA NAGAR,
T.K.M.C. P.O., KARICODE,
MANGADU VILLAGE , KOLLAM,
PIN - 691005
BY ADVS.
K.R.VINOD
M.S.LETHA
K.S.SREEREKHA
JOHN TONY AKKARA
NABIL KHADER
JACQUELINE JACKSON
ASWIN VENUGOPAL
Crl.M.C.No.3222 of 2022
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RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY
THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
KOCHI, PIN - 682031
2 KARTHIKA
AGED 26 YEARS
D/O. PRASANNAKUMARI,
PRASANNA BHAVANAM,
PALLISHERIKKAL P.O.,
PALLISHERIKKAL MURI,
SASTHAMKOTTA VILLAGE, KOLLAM,
PIN - 690521
SRI. K. P. ARAVINDHAKSHAN PILLAI FOR R2
BY ADV PUBLIC PROSECUTOR
SMT T V NEEMA -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C.No.3222 of 2022
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ORDER
This Crl.M.C. has been preferred to quash Annexure A2 Final Report in C.C. No. 1739/2021 on the file of the Judicial First Class Magistrate's Court-I, Kollam the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 to 3. The respondent No. 2 is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 498A & 323 of IPC.
4. The respondent No.2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. K. R. Vinod, the learned counsel for the petitioners, Sri. Aravindhakshan Pillai, the learned counsel for the respondent No.2 and Smt. T. V. Neema the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavit Crl.M.C.No.3222 of 2022 ..4..
sworn in by the respondent No.2 would show that the entire dispute between the parties has been amicably settled and the de facto 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. Crl.M.C.No.3222 of 2022 ..5..
8. The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure A2. The offences in question do 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 A2 Final Report in C.C. No. 1739/2021 on the file of the Judicial First Class Magistrate's Court-I, Kollam hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV/01/07/2022 Crl.M.C.No.3222 of 2022 ..6..
APPENDIX OF CRL.MC 3222/2022 PETITIONER ANNEXURES Annexure A1 . THE CERTIFIED COPY OF THE FIR IN CRIME NO. 637/2021 OF KILIKOLLOOR POLICE STATION, KOLLAM Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1739/2021 IN THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, KOLLAM Annexure A3 THE AFFIDAVIT SWORN BY THE RESPONDENT NO.2