The Kerala High Court recently comprising of a bench of Justice Kauser Edappagath while invoking Section 482 of Cr.P.C quashed a criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under Section320 of Cr.P.C. (VINAYAN vs. STATE OF KERALA )
Facts of the case
This Criminal Miscellaneous application was filed to quash Annexure 1 FIR in Crime No.1404/2021 of Narakkal Police Station on the ground of settlement between the parties.
The petitioners are the accused Nos.1 and 2. The 2nd respondent is the de facto complainant.
The offences alleged against the petitioners are under Sections 323 and 294(b) of IPC.
The averments in the petition as well as the affidavit sworn in by the respondent No.2 showed that the entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the crime further.
Contention of the Parties
The learned Prosecutor, on instruction, submitted 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.
Courts Observation and Judgment
The bench taking note of the Contention of the Parties noted, "In view of decision of 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) and in State of Madhya Pradesh v. Laxmi Narayan and Others (2019) has held that the High Court 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 ends of justice or to prevent abuse of process of any Court."
The bench allowing the application remarked, "The Court held that case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure 1 FIR. The offences in question do not fall within the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court and no purpose will be served in proceeding with the matter further. Accordingly, the Crl.M.C. is allowed."
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