Kerala High Court
Leji.P.L vs Remani Ramakrishnan on 28 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
CRL.MC NO. 3718 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 139/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,THRISSUR
(CRIME NO.752/2018 OF ANTHIKKAD POLICE STATION)
PETITIONERS/ACCUSED 1,2,4,& 5:
1 LEJI.P.L
AGED 36 YEARS
D/O. LOKANADHAN, PANIKKETTI HOUSE, P.O. EDATHIRUTHY,
EDATHIRUTHY VILLAGE, KODUNGALLUR TALUK.
2 LEJEESH P. L
AGED 30 YEARS
S/O. LOKANADHAN, PANIKKETTI HOUSE, P.O. EDATHIRUTHY,
EDATHIRUTHY VILLAGE, KODUNGALLUR TALUK,
3 BIJEESH
AGED 32 YEARS
S/O. RAGHUNATHAN, KOZHIPPARAMBIL HOUSE, P.O. CHULOOR,
EDATHIRUTHY VILLAGE, KODUNGALLUR TALUK.
4 RAMESH
AGED 42 YEARS
MULANGATTUPARAMBIL HOUSE, P.O PULICHODE, EDATHIRUTHY
VILLAGE, KODUNGALLUR TALUK.
BY ADV M.SHAJU PURUSHOTHAMAN
RESPONDENTS/DEFACTO COMPLAINANT:
1 REMANI RAMAKRISHNAN
AGED 72 YEARS
W/O. K.S. RAMAKRISHNAN, KUNANTH HOUSE, P.O.CHAZHOOR,
CHETTAKULAM DESOM, CHAZHOOR VILLAGE, THRISSUR TALUK, PIN
CRL.MC No.3718 OF 2021
2
- 680563.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE,
KODUNGALLUR POLICE STATION, 680664.
3 SUKESH
S/O.K.S.RAMAKRISHANAN, AGED 45 YEARS, KUNNATH
HOUSE, P.O.CHAZHOOR, CHETTAKULAM DESOM, CHAZHOOR
VILLAGE, THRISSUR TALUK, PIN-680563.
4 SURESH
S/O.K.S.RAMAKRISHNAN, AGED 48 YEARS, KUNNATH HOUSE,
P.O.CHAZHOOR, CHETTAKULAM DESOM, CHAZHOOR VILLAGE,
THRISSUR TALUK, PIN-680563.
(ADDL.R3& R4 IMPLEADED AS PER ORDER DATED
29.11.2021 IN CRL.M.A.11/2021 IN CRL.M.C.3718/2021)
BY ADV M.SUKUMARAN
SRI.M.P.PRASANTH - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC No.3718 OF 2021
3
ORDER
This Crl.M.C. has been preferred to quash Annexure A Final
Report in Crime No.710/2018 of the Anthikkad Police Station
pending as C.C. No.139/2019 on the file of the Judicial First Class
Magistrate Court-2, Thrissur on the ground of settlement between
the parties.
2. The petitioners are the accused No.1,2,4 & 5. The third
accused is no more. The first respondent is the defacto
complainant.
3. The offences alleged against the petitioner are under
Sections 143, 147,448, 341, 323 r/w 149 of the IPC.
4. The respondent No.1 entered appearance through
counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. M.Shaju Purushothaman, the learned
counsel for the petitioner, Sri.Sukumaran, the learned counsel for
CRL.MC No.3718 OF 2021
the respondent No.1 and Sri.M.P.Prasanth, the learned Public
Prosecutor.
6. The averments in the petition as well as the affidavit
sworn in by the respondent No.3 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.
CRL.MC No.3718 OF 2021
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 A. 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 A Final Report in
Crime No. 752/2018 of Anthikkad Police Station pending as C.C.
.No.139/2019 on the file of the Judicial First Class Magistrate Court-
2, Thrissur stands hereby quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
al/-
CRL.MC No.3718 OF 2021
APPENDIX OF CRL.MC 3718/2021
PETITIONER ANNEXURES
Annexure A THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 752/2018 REGISTERED BY THE
ANTHIKKAD POLICE STATION FILED BEFORE THE
JFCM COURT - 2, THRISSUR DATED 14.1.2019.
Annexure B THE AFFIDAVIT SWORN BY THE DE-FACTO
COMPLAINANT DATED 25.06.2021.
