Shine Salvador Mathews vs State Of Kerala
2022 Latest Caselaw 11906 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. 8601 OF 2022
          AGAINST THE ORDER/JUDGMENT IN CC 187/2022 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS - I, ETTUMANUR
PETITIONER/ACCUSED:

           SHINE SALVADOR MATHEWS
           AGED 35 YEARS, S/O. P.M. MATHEW,
           PUTHUPARAMBIL HOUSE,
           AMALAGIRI P.O.,
           KOTTAYAM - 686 561, PIN - 686561

           BY ADVS.
           R.PARTHASARATHY
           SEEMA


RESPONDENT/STATE:

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

    2      DEEPA KARUNAKARAN
           AGED 46 YEARS
           KARUNA BHAVAN,
           AMMANCHERY BHAGAM,
           MANNANAM KARA, ATHIRAMPUZHA,
           KOTTAYAM, PIN - 686561

           BY ADV BIJI MATHEW

           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:
 CRL.MC NO. 8601 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.187 of 2022 on the file of the Judicial First Class

Magistrate Court-I, Ettumanoor on the ground of settlement

between the parties.

2. The petitioner is the accused. The 2nd respondent is

the de facto complainant.

3. The offences alleged against the petitioner are

punishable under Sections 447, 294(b), 354-A and 506 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 Shri.R.Parthasarathy, the learned counsel

for the petitioner, Shri.Biji Mathew, 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 2nd respondent would show that the entire CRL.MC NO. 8601 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. 8601 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.187 of 2022 on the file of the Judicial First Class

Magistrate Court-I, Ettumanoor hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 8601 of 2022

APPENDIX OF CRL.MC 8601/2022

PETITIONERS' ANNEXURES

Annexure-A1 TRUE COPY OF THE FIR IN CRIME NO. 94/2022 OF GANDHI NAGAR POLICE STATION DATED 26-01- 2022.

Annexure-A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.94/22 OF GANDHI NAGAR POLICE STATION FILED IN C.C. NO. 187/2022 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ETTUMANOOR, DATED 26-01-2022.

Annexure-A3 THE ORIGINAL OF THE AFFIDAVIT EXECUTED BY 2ND RESPONDENT/COMPLAINANT BEFORE THE NOTARY DATED 26-10-2022