Manoj Kumar M.K vs State Of Kerala
2022 Latest Caselaw 12359 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                       CRL.MC NO. 8392 OF 2022
    (IN CC 286/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
 OTTAPPALAM,ARISING OUT OF CRIME NO.1083/2014 OF OTTAPALAM POLICE
                   STATION, PALAKKAD DISTRICT)
PETITIONERS/ACCUSED 4 TO 7 :
     1     MANOJ KUMAR M.K
           AGED 49 YEARS,S/O.RAMAKRISHNA PANIKKER, MELUVEETTIL
           KALARIKKAL HOUSE, MANAKKALPADI,CHUNANGAD POST,
           OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679511
    2     MANIKANDAN @ KRISHNANKUTTY
          AGED 52 YEARS, S/O.BALAPANIKKER, KALARIKKAL HOUSE,
          MAYILUMPURAM, THOTTAKKARA POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT, PIN - 679102
    3     VIJAYARAGHAVAN
          AGED 52 YEARS
          S/O.KONTHUNNI PANIKKER, KALARIKKAL HOUSE, MANGALAM
          POST, OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679301
    4     RAHUL,
          AGED 28 YEARS
          S/O.LATE VIJAYAKUMAR, MELUVEETTIL KALARIKKAL HOUSE,
          MANAKKALPADI,CHUNANGAD POST, OTTAPALAM TALUK, PALAKKAD
          DISTRICT., PIN - 679511
          BY ADVS.
          R.SREEHARI
          HAMZA A.V.

RESPONDENTS/STATE & DEFACTO COMPLAINANT, VICTIM AND COMPLAINANT:
     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ,
           COCHIN, PIN - 682031
    2     SATHYALAKSHMI
          AGED 70 YEARS
          W/O.VISWANATHA PANICKER, MELUVEETTIL KALARIKKAL HOUSE,
          MANAKKALPADI,CHUNANGAD POST, OTTAPALAM TALUK, PALAKKAD
          DISTRICT., PIN - 679511
    3     SATHAYANANDHAN
          AGED 51 YEARS
          S/O. VISWANATHA PANICKER, MELUVEETTIL KALARIKKAL HOUSE,
          MANAKKALPADI, CHUNANGAD POST, OTTAPALAM TALUK, PALAKKAD
          DISTRICT., PIN - 679511
 Crl.M.C.No.8392 of 2022              2


      4       THE STATION HOUSE OFFICER
              OTTAPALAM POLICE STATION, RAILWAY STATION ROAD,
              OTTAPALAM POST, OTTAPALAM TALUK, PALAKKAD DISTRICT.,
              PIN - 679101
              BY ADV Jayaram P


              SRI P G MANU-SR PUBLIC PROSECUTOR

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.8392 of 2022                    3


                                        ORDER

Dated this the 23rd day of December, 2022

This Crl.M.C. has been preferred to quash Annexure-3 Final

Report in C.C.No.286/2015 of the Judicial First Class Magistrate

Court, Ottapalam on the ground of settlement between the

parties.

2. The petitioners are the accused Nos. 4 to 7. Accused

Nos. 1 to 3 are no more as evident from Annexure 5 to 7. The 2 nd

respondent is the de facto complainant and the 3 rd respondent is

the charge witness.

3. The offences alleged against the petitioners are

punishable under Sections 143, 147, 148, 447, 295A, 427, 506 (ii)

read with Section 149 of IPC.

4. The 2nd and 3rd respondents entered appearance

through counsel. The affidavits sworn in by them are also

produced.

5. I have heard Sri.R.Sreehari, the learned counsel for the

petitioners, Sri.P.Jayaram, the learned counsel for the respondent

Nos.2 and 3 and Sri.P.G.Manu the learned Senior Public

Prosecutor.

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

sworn in by the 2nd and 3rd respondents 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

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

by quashing the proceedings pursuant to Annexure-3. 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 any further.

Accordingly, the Crl.M.C. is allowed. Annexure-3 Final Report in

C.C.No.286/2015 of the Judicial First Class Magistrate Court-I,

Ottapalam, hereby stands quashed.

Sd/-

                                          KAUSER EDAPPAGATH
     AP                                           JUDGE



                          APPENDIX OF CRL.MC 8392/2022

PETITIONER ANNEXURES
Annexure1                   CERTIFIED COPY OF THE COMPLAINT SUBMITTED BY

THE 2ND RESPONDENT FILED UNDER SECTION 190(1) (A) OF CR.P.C BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM AS C M P NO.5453/2014 Annexure2 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1083/2014 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, DATED 18/09/2014 Annexure3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1083/2014 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, SUBMITTED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT , OTTAPALAM DATED 18/01/2015.

Annexure4 CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE DATED 18/01/2015 SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO. 1083/2014 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM Annexure5 TRUE COPY OF THE DEATH CERTIFICATE WITH RESPECT TO VIJAYAKUMAR M.K., THE 1ST ACCUSED IN C C NO.286/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT ,OTTAPALAM, ISSUED BY THE OTTAPALAM MUNICIPALITY DATED 12/10/2017 Annexure6 TRUE COPY OF THE DEATH CERTIFICATE WITH RESPECT TO SASIDHARAN M.K., THE 2ND ACCUSED IN C C NO.286/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT ,OTTAPALAM, ISSUED BY THE OTTAPALAM MUNICIPALITY DATED 24/03/2015 Annexure7 TRUE COPY OF THE DEATH CERTIFICATE WITH RESPECT TO MELUVEETTUKALARIKKAL ACHUTHANANDAN, THE 3RD ACCUSED IN C C NO.286/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT ,OTTAPALAM, ISSUED BY THE VANIYAMKULAM GRAMA PANCHAYATH DATED 04/08/2021 Annexure8 TRUE COPY OF THE JUDGMENT IN RSA NO.708/2020

DATED 05/04/2022 OF THE HON'BLE HIGH COURT OF KERALA ALONG WITH THE JOINT COMPROMISE PETITION, FORMING PART OF THE SAID JUDGMENT Annexure9 AN AFFIDAVIT IN ORIGINAL DULY SWORNED AND SIGNED BY THE 2ND RESPONDENT , DATED 13/08/2022 Annexure10 AN AFFIDAVIT IN ORIGINAL DULY SWORNED AND SIGNED BY THE 3RD RESPONDENT , DATED 13/08/2022