Sijoy vs The State Of Kerala
2022 Latest Caselaw 1387 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                   CRL.MC NO. 33 OF 2022
 CRIME NO.136/2019 OF North Parur Police Station, Ernakulam
   AGAINST THE ORDER/JUDGMENT IN CC 500/2020 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS , NORTH PARAVUR
PETITIONERS/ACCUSED:

    1    SIJOY,
         AGED 31 YEARS
         S/O.JOSE, VAYALIKODATH HOUSE, PERUMPADANNA,
         N.PARAVUR POST, ERNAKULAM DISTRICT-683 513.

    2    JOSE,
         AGED 66 YEARS
         S/O.VARGHESE, VAYALIKODATH HOUSE, PERUMPADANNA,
         N.PARAVUR POST, ERNAKULAM DISTRICT-683 513.

    3    MERCY JOSE,
         AGED 62 YEARS
         W/O.JOSE, VAYALIKODATH HOUSE, PERUMPADANNA,
         N.PARAVUR POST, ERNAKULAM DISTRICT-683 513.

         BY ADVS.
         SHINOJ.K.N
         C.K.RAPHEEQUE
         K.B.NIDHINKUMAR



RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1    THE STATE OF KERALA,
         REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
         OF KERALA, ERNAKULAM-682 031.
 Crl.M.C.No.33/2022

                                   -:2:-

     2     LORENE,
           AGED 26 YEARS
           D/O.STANLEY, PULIKKAL HOUSE, PALLIPURAM VILLAGE,
           NEAR CONVENT ROAD, PALLIPURAM, ERNAKULAM DISTRICT,
           PIN-683 515.

           BY ADV SHAHUL HAMEED MOOPPANR R2

           SMT. T.V. NEEMA, SR. PP




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   01.02.2022,     THE   COURT    ON     THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.33/2022

                                -:3:-



                               ORDER

Dated this the 1st day of February, 2022

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

Final Report in Crime No.136/2019 of North Paravur Police

Station, Ernakulam on the ground of settlement between the

parties.

2. The petitioners are the accused Nos. 1 to 3. The 2 nd

respondent is the defacto complainant

3. The offences alleged against the petitioners are under

Sections 498A and 34 of IPC.

4. The respondent No.2 entered appearance through

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

5. I have heard Sri. Shinoj K. Narayanan, the learned

counsel for the petitioners, Sri. Shahul Hameed Mooppen, the

learned counsel for the respondent No.2 and Smt. T.V. Neema

the learned Senior Public Prosecutor.

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

sworn in by the respondent No.2 would show that the entire Crl.M.C.No.33/2022

dispute between the parties has been amicably settled and the

de facto complainant has decided not to proceed with the crime

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 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 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.M.C.No.33/2022

by quashing the proceedings pursuant to Annexure A2. 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 further.

Accordingly, the Crl.M.C. is allowed. Annexure A2 Final Report in

Crime No.136/2019 of North Paravur Police Station, Ernakulam

stands hereby quashed.

Sd/-

                                     DR. KAUSER EDAPPAGATH
                                             JUDGE
kp                    True copy
                          P.A. To Judge
 Crl.M.C.No.33/2022



                     APPENDIX OF CRL.MC 33/2022

PETITIONER ANNEXURES

Annexure A1            TRUE COPY OF FIRST INFORMATION REPORT

DATED 05.02.2019 IN CRIME NO.136/2019 OF N.PARAVUR POLICE STATION, ERNAKULAM DISTRICT.

Annexure A2 TRUE COPY OF FINAL REPORT DATED 17.06.2019 IN CRIME NO.136/2019 OF N.PARAVUR POLICE STATION, ERNAKULAM DISTRICT.

Annexure A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.