Sanu Jackson vs State Of Kerala
2022 Latest Caselaw 11483 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
                    CRL.MC NO. 7814 OF 2022
        AGAINST THE ORDER/JUDGMENT IN CC 1591/2018 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONER/ACCUSED:
          SANU JACKSON
          AGED 50 YEARS, S/O JACKSON,
          SAJU BHAVAN, KANIYAMKADA, MEENATHU CHERI,
          SAKTHIKULANGARA VILLAGE, KOLLAM TALUK,
          KOLLAM DISTRICT- 691 581, PIN - 691581

          BY ADVS.
          MANU RAMACHANDRAN
          M.KIRANLAL
          R.RAJESH (VARKALA)
          SAMEER M NAIR
          GEETHU KRISHNAN
          SAILAKSHMI MENON

RESPONDENTS/ STATE,
I.O & DE-FACTO COMPLAINANT:
    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

    2     THE STATION HOUSE OFFICER
          POLICE STATION OF SAKHTIKULANGARA,
          KOLLAM DISTRICT, PIN - 691003

    3     MERCY
          AGED 53 YEARS, W/O WILSON,
          K.C NAGAR-155, THALAKKODU KIZHAKKATHIL
          VEEDU,KANIYAMKADA, MEENATHU CHERI,
          SAKTHIKULANGARA VILLAGE, KOLLAM TALUK,
          KOLLAM DISTRICT, PIN - 691581

          SRI P G MANU-SR PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09.12.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 7814 of 2022

                                  -:2:-

                               ORDER

Dated this the 9th day of December, 2022

This Crl.M.C. has been preferred to quash Annexure-A1 Final

Report in C.C.No.1591/2018 on the file of the Judicial First Class

Magistrate Court-II, Kollam on the ground of settlement between

the parties.

2. The petitioner is the accused. The 3rd respondent is the

de facto complainant.

3. The offences alleged against the petitioner are

punishable under Sections 451 and 354-A of the Indian Penal

Code.

4. Affidavit sworn in by the 3 rd respondent is also

produced.

5. I have heard Sri.Manu Ramachandran, the learned

counsel for the petitioner, and Sri.P.G.Manu, the learned Senior

Public Prosecutor.

6. The averments in the petition as well as the affidavit

sworn in by the 3rd respondent would show that the entire dispute

between the parties has been amicably settled and the de facto CRL.MC NO. 7814 of 2022

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

nature. No public interest or harmony will be adversely affected CRL.MC NO. 7814 of 2022

by quashing the proceedings pursuant to Annexure-A1. The

offences in question does 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-A1 Final Report in

C.C.No.1591/2018 on the file of the Judicial First Class Magistrate

Court-II, Kollam hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 7814 of 2022

APPENDIX OF CRL.MC 7814/2022

PETITIONERS' ANNEXURES

Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.569/2018 OF SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT NOW PENDING AS C.C NO.1591/2018 ON THE FILES OF JFMC-II, KOLLAM

Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 12.10.2022 SWORN BY THE 3RD RESPONDENT/DE- FACTO COMPLAINANT