Vimal V vs State Of Kerala
2022 Latest Caselaw 11896 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. 8977 OF 2022
   AGAINST THE ORDER/JUDGMENT IN CC 159/2018 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS/ 1ST AND 2ND ACCUSED:

    1    VIMAL V
         AGED 27 YEARS, S/O VISWAMBHARAN,
         KALACHEZHIKATHU, KIZHAKKATHIL,
         SAKTHIKULANGARA, KAVANAD P.O. KAVANAD, KOLLAM
         DISTRICT, KERALA STATE, PIN - 691003

    2    VISWAMBHARAN
         AGED 57 YEARS, S/O NANU,
         KALACHEZHIKATHU, KIZHAKKATHIL,
         SAKTHIKULANGARA, KAVANAD P.O. KAVANAD,
         KOLLAM DISTRICT, KERALA STATE, PIN - 691003

         BY ADV VISHAK.K.JOHNSON


RESPONDENTS/ STATE AND DEFACTO COMPLAINANT:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

    2    ASHA @ ASHA MOL
         AGED 35 YEARS, W/O JUSTIN,
         RESIDING AT ST ANTONY HOME, THUMBA,
         PALLITHURA P.O., KAZHAKKOOTTAM-
         THIRUVANANTHAPURAM DISTRICT, PIN - 695586

         BY ADV VISHNU MOHAN

         SRI SANGEETHA RAJ-PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.12.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING: C
 CRL.MC NO. 8977 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.159/2018 on the file of the Judicial First Class

Magistrate Court-II, 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 420, 354, 354(D)(1), 324 and 294(b)

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.Vishak.K.Johnson, the learned counsel

for the petitioners, Shri.Vishnu Mohan, the learned counsel for the

respondent No.2 and Sri.Sangeetha Raj, the learned Public

Prosecutor.

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

sworn in by the 2 nd respondent would show that the entire CRL.MC NO. 8977 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. 8977 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.159/2018 on the file of the Judicial First Class Magistrate

Court-II, Kollam hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 8977 of 2022

APPENDIX OF CRL.MC 8977/2022

PETITIONER'S ANNEXURES

Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO. 2020/2017 OF THE SAKTHIKULANGARA POLICE STATION

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2020/2017 OF THE SAKTHIKULANGARA POLICE STATION DATED 03/01/2018

Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT DATED 17/02/2022