Kerala High Court
Aji vs State Of Kerala on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
CRL.MC NO. 1993 OF 2022
CRIME NO.873/2007 OF Nedumangad Police Station,
SC 2007/2008 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
(POCSO), THIRUVANANTHAPURAM
PETITIONER/ACCUSED 2:
AJI, AGED 43 YEARS,S.V. BHAVAN, VETTUGOD RAIL WAY GATE,
WARD NO. XI, ANDOORKONAM, PALLIPURAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN - 695584
BY ADV MITHUN P.
RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULUM, PIN - 682031
2 VIJI VIJAYAN, AGED 30 YEARS, W/O RAJEEV S.
1/32 (A) ATHAM NIVAS, KANYIL, PADIKKAVILAKOM,
KAZHAKUTTOM P.O, THIRUVANANTHAPURAM, PIN - 695022
3 AJITHA, AGED 47 YEARS
VIJI BHAVAN, CHATHANPAD, KONCHIRA P.O, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695615
BY ADV JAEONA JAMES
SMT. T.V. NEEMA, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1993/2022
-:2:-
ORDER
Dated this the 7th day of April, 2022
This Crl.M.C. has been preferred to quash further
proceedings pursuant to Annexure A1 Final Report in Crime No.
873/2007 of Nedumangad Police Station on the ground of
settlement between the parties.
2. The petitioner is the 2nd accused. It is submitted that
the 1st accused was acquitted. The 3rd respondent is the defacto
complainant.
3. The offences alleged against the petitioner are under
Sections 363, 366, 366 A read with 34 of IPC.
4. The respondent No.3 entered appearance through
counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. Mithun P., the learned counsel for
the petitioner, Adv. Jaeona James, the learned counsel for the
respondent No.3 and Smt. T.V. Neema, the learned Public
Prosecutor.
6. The averments in the petition as well as the affidavit
Crl.M.C.No.1993/2022
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 crime
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 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.
8. The dispute in the above case is purely personal in
Crl.M.C.No.1993/2022
nature. No public interest or harmony will be adversely affected
by quashing the proceedings pursuant to Annexure A1. 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 further.
Accordingly, the Crl.M.C. is allowed. Further proceedings
pursuant to Annexure A1 Final Report in Crime No. 873/2007 of
Nedumangad Police Station stands hereby quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
Crl.M.C.No.1993/2022
APPENDIX OF CRL.MC 1993/2022
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT
FILED IN IN CRIME NO: 873 / 2007 OF
NEDUMANGAD POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
Annexure A2 THE CERTIFIED COPY OF THE JUDGMENT OF
THE HON'BLE ADDITIONAL SESSIONS JUDGE
FOR THE TRIAL OF CASES RELATING TO
ATROCITIES AND SEXUAL VIOLENCE AGAINST
WOMEN AND CHILDREN COURT,
THIRUVANANTHAPURAM DATED 24.11.2016
Annexure A3 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE
2ND RESPONDENT/INJURED
Annexure A4 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE
3RD RESPONDENT/ DEFACTO COMPLAINANT
