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. 3853 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 156/2022 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, TRIPUNITHURA
CRIME NO.438/2021 OF UDAYAMPEROOR POLICE STATION
PETITIONERS/ACCUSED Nos. 1 & 2:
1 SREENATH
AGED 29 YEARS
S/O LATE REMAKANTHAN, FISHERMAN COLONY,
HOUSE NO.1, UDAYAMPEROOR, ERNAKULAM, PIN - 682307
2 SREEKANTH
AGED 30 YEARS
S/O LATE REMAKANTHAN, FISHERMAN COLONY,
HOUSE NO.1, UDAYAMPEROOR, ERNAKULAM, PIN - 682307
BY ADVS.
SANJANA RACHEL JOSE
JOSE PALLATTUKARAN
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 ISAMOL BABY
AGED 35 YEARS
W/O VARGHESE M.V, MANAPARAMBIL HOUSE,
UDAYAMPEROOR P.O, ERNAKULAM DISTRICT, PIN - 682307
BY ADVS.
PUBLIC PROSECUTOR
LAKSHMI MOHAN
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.3853 of 2022
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ORDER
This Crl.M.C. has been preferred to quash Annexure I Final Report in C.C. No. 156/2022 on the file of the Judicial First Class Magistrate's Court, Thrippunithura on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 and 2. The respondent No. 2 is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 294(b), 354, 509 and 506 read with 34 of the IPC.
4. The respondent No. 2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Smt. Sanjana Rachel Jose, the learned counsel for the petitioners, Smt. Lakshmi Mohan, the learned counsel for the respondent No. 2 and Smt. T.V. Neema, the learned Public Prosecutor.
Crl.M.C.No.3853 of 2022 ..3..
6. The averments in the petition as well as the affidavit 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 Crl.M.C.No.3853 of 2022 ..4..
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 by quashing the proceedings pursuant to Annexure I. 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 I Final Report in C.C. No. 156/2022 on the file of the Judicial First Class Magistrate's Court, Thrippunithura hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV/01/07/2022 Crl.M.C.No.3853 of 2022 ..5..
APPENDIX OF CRL.MC 3853/2022 PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE CHARGESHEET IN C.C NO.156/2022 PENDING BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, THRIPPUNITHURA Annexure-II A TRUE COPY OF THE BAIL ORDER DATED 25.12.2021 IN B.A NO.4168/2021 OF THIS HON'BLE COURT Annexure-III A TRUE COPY OF THE NOTICE ISSUED BY THE RESIDENTS ASSOCIATION ACKNOWLEDGED BY THE 2ND RESPONDENT HEREIN DATED 19.12.2021