Rajesh Kumar vs Jini
2022 Latest Caselaw 1258 Ker

                 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. 5525 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 1103/2018 OF JUDICIAL FIRST CLASS
                    MAGIST. COURT, ANGAMALY(TEMPORARY)
PETITIONER/ACCUSED :

            RAJESH KUMAR,
            AGED 43 YEARS
            S/O. MANOHARAN, PUTTURA HOUSE, NEAR GOVT. U.P. SCHOOL
            CHIRAYAN KARA, THAKAZHI VILLAGE, ALAPPUZHA DISTRICT, NOW
            RESIDING AT PUTTURA HOUSE, NADAMURY BHAGAM, MANJAPARA
            VILLAGE, ERNAKULAM DISTRICT.

            BY ADV BIBIN VARGHESE



RESPONDENTS/COMPLAINANT & STATE:

     1      JINI,
            AGED 35 YEARS
            W/O. NELSON, ARACKAL HOUSE, NN-203, NAZARATH NAGAR,
            ANGAMALY, ERNAKULAM DISTRICT, 683 572.

     2      LALI,
            AGED 56 YEARS
            W/O. DEVASSY, MELLEPPURAM HOUSE, NAZARATH NAGAR,
            ANGAMALY, ERNAKULAM DISTRICT-683 572

     3      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA-682 031, ERNAKULAM.

            BY ADV P.M.ARUN DAS



OTHER PRESENT:
 CRL.MC NO. 5525 OF 2021

                                  2


           SR.PP-SMT.T.V.NEEMA




      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. 5525 OF 2021

                                 3




                                 ORDER

This Crl.M.C. has been preferred to quash Annexure A3 Final

Report in C.C.No. 1103/2018 of Judicial First Class Magistrate

Court, Angamaly on the ground of settlement between the

parties.

2. The petitioner is the accused. The first and second

respondents are the victims.

3. The offence alleged against the petitioner is under

Section 393 of the IPC.

4. The respondent Nos. 1 and 2 entered appearance

through counsel. An affidavit sworn in by them are also

produced.

5. I have heard Sri. Bibin Varghese, the learned counsel

for the petitioner, Sri. P.M.Arundas, the learned counsel for the

respondent Nos. 1 and 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. 5525 OF 2021

sworn in by the respondent Nos.1 and 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 they 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. 5525 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.A3. The

offence 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 further.

Accordingly, the Crl.M.C. is allowed. Annexure A3 Final Report in

Crime No.1103/2018 on the file of the Judicial First Class

Magistrate Court, Angamaly stands hereby quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE al/-

CRL.MC NO. 5525 OF 2021

APPENDIX OF CRL.MC 5525/2021

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE F.I.S IN CC NO.

1103/2018 OF JFCM COURT, ANGAMALY.

Annexure A2 CERTIFIED COPY OF THE F.I.R IN CC NO.

1103/2018 OF JFCM COURT, ANGAMALY

Annexure A3 CERTIFIED COPY OF CHARGE SHEET IN CC NO. 1103/2018 OF JFCM COURT, ANGAMALY.

Annexure A4 WOUND CERTIFICATE OF 1ST RESPONDENT DT.2.3.2018.

Annexure A5 WOUND CERTIFICATE OF 2ND RESPONDENT 2.3.2018.

Annexure A6 AFFIDAVIT OF THE 1ST RESPONDENT DT.

9.11.2021.

Annexure A7 AFFIDAVIT OF THE 2ND RESPONDENT DT.

9.11.2021.