Sanoj Rajamohanan vs State Of Kerala
2022 Latest Caselaw 11879 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
                    CRL.MC NO. 7412 OF 2022
         AGAINST THE ORDER/JUDGMENT IN CC 10/2022 OF
               CHIEF JUDICIAL MAGISTRATE ,KOLLAM
PETITIONERS/ ACCUSED 1 & 2:

    1     SANOJ RAJAMOHANAN
          AGED 42 YEARS, S/O RAJAMOHANAN,
          RESIDING AT RAJALAYAM,
          MATHRA P.O., PUNALUR , PIN - 691333
    2     VASANTHI RAJAMOHANAN
          AGED 69 YEARS, W/O RAJAMOHANAN,
          RESIDING AT RAJALAYAM,
          MATHRA P.O., PUNALUR, PIN - 691333
          BY ADVS.
          ALEX.M.SCARIA
          BEAS K. PONNAPPAN
          A.J.RIYAS
          SARITHA THOMAS
          ALEN J. CHERUVIL
          SANJITH KUMAR R.


RESPONDENTS/ STATE & COMPLAINANT:
     1    STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM , PIN - 682031
    2     KRISHNA VAISHANAVI (VAISHNAVI M.)
          AGED 36 YEARS, D/O LATE B. MUTHUKRISHNAN,
          STR GARDENS, ST REDDIAR COMPOUND,
          MAIN ROAD, KOLLAM, PIN - 691001
          BY ADV SAJEEVAN KURUKKUTTIYULLATHIL

          SRI P G MANU-SR PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 7412 of 2022

                                  -:2:-

                               ORDER

Dated this the 21st day of December, 2022

This Crl.M.C. has been preferred to quash Annexure-A2 Final

Report in C.C.No.10 of 2022 on the file of the Chief Judicial

Magistrate Court, Kollam on the ground of settlement between

the parties.

2. The petitioners are the accused Nos. 1 and 2. The 2nd

respondent is the de facto complainant.

3. The offences alleged against the petitioners are

punishable under Sections 323, 498-A r/w 34 of Indian Penal

Code.

4. The 2nd respondent entered appearance through

counsel. An affidavit sworn in by her is also produced.

5. I have heard Sri.Alex.M.Scaria, the learned counsel for

the petitioners, Sri.Sajeevan Kurukkuttiyullathil, the learned

counsel for the respondent No.2 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 2nd respondent would show that the entire CRL.MC NO. 7412 of 2022

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.MC NO. 7412 of 2022

nature. No public interest or harmony will be adversely affected

by quashing the proceedings pursuant to Annexure-A2. 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-A2 Final Report in

C.C.No.10 of 2022 on the file of the Chief Judicial Magistrate

Court, Kollam hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 7412 of 2022

APPENDIX OF CRL.MC 7412/2022

PETITIONER'S ANNEXURES

Annexure A1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.

0999/2021 DATED 08/10/2021 OF KOLLAM EAST POLICE STATION.

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED 24/12/2021 IN CRIME NO. 0999/2021.

Annexure A3 AFFIDAVIT DATED 17/10/2022 SWORN TO BY THE 2ND RESPONDENT.