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. 4075 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 20/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,KOLENCHERRY
PETITIONER/S:
1 PRAJITH
AGED 34 YEARS
S/O. PRATHAPAN, WARD XVI, KUNDEPARAMBIL HOUSE, EDAKOCHI KARA, EDAKOCHI
VILLAGE, PALLURUTHY KASABA, ERNAKULAM CITY, KERALA, INDIA, PIN - 682010.
2 PRATHAPAN
AGED 60 YEARS
S/O. KRISHNAN, WARD XVI, KUNDEPARAMBIL HOUSE, EDAKOCHI KARA, EDAKOCHI
VILLAGE, PALLURUTHY KASABA, ERNAKULAM CITY, KERALA, INDIA, PIN - 682010.
3 JALAJA
AGED 53 YEARS
W/O. PRATHAPAN, N, WARD XVI, KUNDEPARAMBIL HOUSE, EDAKOCHI KARA,
EDAKOCHI VILLAGE, PALLURUTHY KASABA, ERNAKULAM CITY, KERALA, INDIA, PIN -
682010.
BY ADVS.
MANOJ B.MENON
JIMMY GEORGE (VATTATHARA)
ANJALI MENON
RESPONDENT/S:
1 ATHIRA PRABHA
AGED 26 YEARS
D/O. PRABHAKARAN, PULLUMALAYIL HOUSE, MONIPPILLY KARA, THIRUVANIYOOR
VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, PIN - 682301.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
BY ADVS.
C.R.VINOD KUMAR
VINUCHAND
ANILKUMAR C.R.
OTHER PRESENT:
SRI P G MANU -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.MC NO. 4075 OF 2021
2
ORDER
This Crl.M.C. has been preferred to quash Annexure B Final report in C.C No.20 of 2021 on the file of the Judicial First Class Magistrate Court, Kolenchery on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 to 3. The 1 st respondent is the de facto complainant.
3. The offence alleged against the petitioners are punishable under Sections 498-A, 323, 506, 341 read with 34 of Indian Penal Code.
4. The respondent No.1 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri.Manoj B Menon, the learned counsel for the petitioners, Sri.C.R.Vinod Kumar, the learned counsel for the respondent No.1 and Sri.P.G Manu, the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in by the respondent No.1 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 CRL.MC NO. 4075 OF 2021 3 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 by quashing the proceedings pursuant to Annexure B. 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, CRL.MC NO. 4075 OF 2021 4 the Crl.M.C. is allowed. Annexure B Final Report in C.C No.20 of 2021 on the file of the Judicial First Class Magistrate Court, Kolenchery hereby stands quashed.
SD/-
sab DR. KAUSER EDAPPAGATH
JUDGE
CRL.MC NO. 4075 OF 2021
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APPENDIX OF CRL.MC 4075/2021
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF FIRST INFORMATION REPORT
IN CRIME NO. 1291 OF 2020 OF PUTHENCRUZE
POLICE STATION.
Annexure B
CERTIFIED COPY OF FINAL FORM/REPORT FILED BY INSPECTOR OF POLICE, PUTHENCRUZE POLICE BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY.
RESPONDENT'S ANNEXURES:
R1(a): ORIGINAL OF THE AFFIDAVIT SWORN BY THE FIRST RESPONDENT DATED 21.10.2021