Vishnu Hariprasad vs State Of Kerala
2022 Latest Caselaw 8213 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                  CRL.MC NO. 3222 OF 2022
 AGAINST THE ORDER/JUDGMENT IN CC 1739/2021 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONERS/ACCUSED NOS. 1 TO 3:

    1     VISHNU HARIPRASAD
          AGED 30 YEARS
          S/O. HARIPRASAD,
          VAVARA HOUSE, AISHWARYA NAGAR,
          T.K.M.C. P.O., KARICODE,
          MANGADU VILLAGE , KOLLAM,
          PIN - 691005
    2     HARIPRASAD
          AGED 62 YEARS
          S/O. GOVINDAPILLAI,
          VAVARA HOUSE, AISHWARYA NAGAR,
          T.K.M.C. P.O., KARICODE,
          MANGADU VILLAGE , KOLLAM,
          PIN - 691005
    3     RAMADEVI
          AGED 56 YEARS
          W/O. HARIPRASAD,
          VAVARA HOUSE, AISHWARYA NAGAR,
          T.K.M.C. P.O., KARICODE,
          MANGADU VILLAGE , KOLLAM,
          PIN - 691005
          BY ADVS.
          K.R.VINOD
          M.S.LETHA
          K.S.SREEREKHA
          JOHN TONY AKKARA
          NABIL KHADER
          JACQUELINE JACKSON
          ASWIN VENUGOPAL
 Crl.M.C.No.3222 of 2022


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RESPONDENTS:

     1          STATE OF KERALA
                REPRESENTED BY
                THE PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA,
                KOCHI, PIN - 682031
     2          KARTHIKA
                AGED 26 YEARS
                D/O. PRASANNAKUMARI,
                PRASANNA BHAVANAM,
                PALLISHERIKKAL P.O.,
                PALLISHERIKKAL MURI,
                SASTHAMKOTTA VILLAGE, KOLLAM,
                PIN - 690521
                SRI. K. P. ARAVINDHAKSHAN PILLAI FOR R2
                BY ADV PUBLIC PROSECUTOR



                SMT T V NEEMA -SR PP


         THIS     CRIMINAL   MISC.      CASE   HAVING   COME   UP   FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C.No.3222 of 2022


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                                ORDER

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

Final Report in C.C. No. 1739/2021 on the file of the Judicial First

Class Magistrate's Court-I, Kollam the ground of settlement

between the parties.

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

respondent No. 2 is the de facto complainant.

3. The offences alleged against the petitioners are

punishable under Sections 498A & 323 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. K. R. Vinod, the learned counsel for the

petitioners, Sri. Aravindhakshan Pillai, 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.M.C.No.3222 of 2022

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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 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. Crl.M.C.No.3222 of 2022

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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 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 any further.

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

C.C. No. 1739/2021 on the file of the Judicial First Class

Magistrate's Court-I, Kollam hereby stands quashed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE RMV/01/07/2022 Crl.M.C.No.3222 of 2022

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APPENDIX OF CRL.MC 3222/2022

PETITIONER ANNEXURES Annexure A1 . THE CERTIFIED COPY OF THE FIR IN CRIME NO. 637/2021 OF KILIKOLLOOR POLICE STATION, KOLLAM Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1739/2021 IN THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, KOLLAM Annexure A3 THE AFFIDAVIT SWORN BY THE RESPONDENT NO.2