IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
CRL.MC NO. 3674 OF 2022
CRIME NO.1272/2017 OF Kayamkulam Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT IN CC 967/2018 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, KAYAMKULAM
PETITIONER/ACCUSED:
AJIKUMAR, AGED 29 YEARS, S/O. SURESH,
THEKKEMANKUZHIYIL,KRISHNAPURAM VILLAGE,
KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690533
BY ADVS.ENOCH DAVID SIMON JOEL
S.SREEDEV, RONY JOSE, LEO LUKOSE
SUZANNE KURIAN, CIMIL CHERIAN KOTTALIL
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 MINEESA J, AGED 33 YEARS, W/O. BIPIN C BABU,
VALYAPARAMBIL THARAYIL (H),KAYAMKULAM MURI,
KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690106
BY ADV MANEESHA KUMAR
SMT. T.V. NEEMAK, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3674/2022
-:2:-
ORDER
Dated this the 7th day of July, 2022 This Crl.M.C. has been preferred to quash Annexure A2 Final Report in Crime No.1272/2017 of Kayamkulam Police Station now pending as C.C.No. 967/2018 on the file of the Judicial First Class Magistrate Court-I, Kayamkulam on the ground of settlement between the parties.
2. The petitioner is the accused. The 2nd respondent is the defacto complainant.
3. The offences alleged against the petitioner are punishable under Sections 354 and 506(ii) 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. Enoch David Simon Joel, the learned counsel for the petitioner, Adv. Maneesha Kumar, 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.3674/2022 -:3:- 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.
8. The dispute in the above case is purely personal in Crl.M.C.No.3674/2022 -:4:- 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.1272/2017 of Kayamkulam Police Station now pending as C.C.No. 967/2018 on the file of the Judicial First Class Magistrate Court-I, Kayamkulam hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp Crl.M.C.No.3674/2022 -:5:- APPENDIX OF CRL.MC 3674/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN NO. 1272 / 2017 OF THE KAYAMKULAM POLICE STATION. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DTD.
03.01.2018 IN FIR NO. 1272 /2017 OF THE KAYAMKULAM POLICE FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KAYAMKULAM.
Annexure3 ORIGINAL AFFIDAVIT DTD. 18.02.2022 EXECUTED BY THE 2ND RESPONDENT.