IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
CRL.MC NO. 4032 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1156/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, NADAPURAM
CRIME NO. 279/2020 OF THOTTIPALAM POLICE STATION
PETITIONERS/ACCUSED:
1 JIJIN K
AGED 34 YEARS
S/O KANARAN, KOTTOTHUMMAL HOUSE, MARUTHONKARA,
KAVILUMPARA, THOTTILPALAM, KOZHIKODE, PIN -
673513
2 KANARAN
AGED 60 YEARS
KOTTOTHUMMAL HOUSE, MARUTHONKARA,
KAVILUMPARA, THOTTILPALAM, KOZHIKODE, PIN -
673513
3 GEETHA
AGED 52 YEARS
W/O KANARAN, KOTTOTHUMMAL HOUSE, MARUTHONKARA,
KAVILUMPARA, THOTTILPALAM, KOZHIKODE, PIN -
673513
4 SHERIN
AGED 28 YEARS
D/O KANARAN,
KOTTOTHUMMAL HOUSE, MARUTHONKARA,
KAVILUMPARA, THOTTILPALAM, KOZHIKODE-, PIN -
673513
BY ADV M.R.SASITH
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031
2 THE SUB INSPECTOR
THOTTIPALAM POLICE STATION,
KOZHIKODE, PIN - 673513
Crl. M.C. No. 4032 of 2022
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3 JIJINA
AGED 27 YEARS
D/O AJITH KUMAR,
MURICHOR MANNIL, ADUKKATH PO, MARUTHOKARA AMSOM,
DESOM VATAKARA TALUK, KOZHIKODE DISTRICT, PIN -
673101
BY ADV RAJITHA V.K
SMT T V NEEMA -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No. 4032 of 2022
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ORDER
This Crl.M.C. has been preferred to quash Annexure A2 Final Report in Crime No. 279/2020 of Thottipalam police station now pending as C.C. No. 1156/2021 on the file of the Judicial First Class Magistrate's Court-II, Nadapuram on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 to 4. The respondent No. 3 is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 232, 406, 498A, 294(b), 506 read with 34 of the IPC.
4. The respondent No. 3 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. Sasith M. R, the learned counsel for the petitioners, Smt. Rajitha V K, the learned counsel for the respondent No. 3 and Smt. T V Neema, the learned Senior Public Prosecutor. Crl. M.C. No. 4032 of 2022 ..4..
6. The averments in the petition as well as the affidavit sworn in by the respondent No.3 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. 4032 of 2022 ..5..
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 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 Crime No. 279/2020 of Thottipalam police station hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV Crl. M.C. No. 4032 of 2022 ..6..
APPENDIX OF CRL.MC 4032/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
279/2020 OF THOTTIPALAM POLICE STATION, KOZHIKODE.
Annexure A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 279/2020 OF THOTTIPALAM POLICE STATION, KOZHIKODE IN C.C NO.
1156/2021 DATED 27.12.2020 Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DE-FACTO COMPLAINANT DATED 05.02.2022