Aneesh vs State Of Kerala
2022 Latest Caselaw 1116 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
         THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                         CRL.MC NO. 6625 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 700/2019 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -I MUVATUPUZHA
          (CRIME NO.1611/2019 OF MUVATTUPUZHA POLICE STATION).
PETITIONERS/ACCUSED:

     1       ANEESH
             AGED 32 YEARS
             S/O. HAMSA, EDAMADATHIL HOUSE, KUTTIKATTUCHALIPPADI
             BHAGHAM, MULAVOOR VILLAGE, MULAVOOR KARA, PIN-686673.

     2       HAMSA,
             AGED 63 YEARS
             S/O. BEERAKUTTY OUKUNJU, EDAMADATHIL HOUSE,
             KUTTIKATTUCHALIPPADI BHAGHAM, MULAVOOR VILLAGE, MULAVOOR
             KARA, PIN-686673.

             BY ADV AJEESH M UMMER



RESPONDENTS/STATE AND VICTIMS:

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

     2       AFIYA
             AGED 28 YEARS
             W/O. ANEESH, EDAMADATHIL HOUSE, KUTTIKATTUCHALIPPADI
             BHAGHAM, MULAVOOR KARA, MULAVOOR VILLAGE, MUVATTUPUZHA
             THALUK, PIN-686673.

             BY ADV SIKHA G.NAIR
 CRL.MC NO. 6625 OF 2021

                                    2



OTHER PRESENT:

            SR.PP-SMT.T.V.NEEMA




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   27.01.2022,      THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 6625 OF 2021

                                 3




                            ORDER

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

Report in Crime No. 1611/2019 of Muvattupuzha Police Station

which is now pending on the file of the Judicial First Class

Magistrate Court-I, Muvattupuzha as C.C. No.700/2019 on the

ground of settlement between the parties.

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

second respondent is the defacto complainant.

3. The offences alleged against the petitioners are under

Sections 294(b), 323 read with Section 34 of the IPC.

4. The respondent No.2 entered appearance through

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

5. I have heard Sri. Ajeesh M.Ummer, the learned

counsel for the petitioners, Smt.Sikha G. Nair, 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 CRL.MC NO. 6625 OF 2021

sworn in by the respondent No.2 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 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 CRL.MC NO. 6625 OF 2021

nature. No public interest or harmony will be adversely affected

by quashing the proceedings pursuant to Annexure B. 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 B Final Report in

Crime No. 1611/2019 of Muvattupuzha Police Station now

pending as C.C. No.700/2019 on the file of Judicial First Class

Magistrate Court-I, Muvattupuzha stands hereby quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

al/-

CRL.MC NO. 6625 OF 2021

APPENDIX OF CRL.MC 6625/2021

PETITIONER ANNEXURES

Annexure A CERTIFIED COPY OF THE F.I.R. & F.I.S. IN CRIME NO.1611/2019 OF MUVATTUPUZHA POLICE STATION.

Annexure B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1611/2019 OF MUVATTUPUZHA POLICE STATION.

Annexure C AFFIDAVIT SWORN BY THE 2ND RESPONDENT.