Jijin K vs The State Of Kerala Represented By ...
2022 Latest Caselaw 8583 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                  CRL.MC NO. 4032 OF 2022
 AGAINST THE ORDER/JUDGMENT IN CC 1156/2021 OF JUDICIAL
          MAGISTRATE OF FIRST CLASS -II, NADAPURAM
    CRIME NO. 279/2020 OF THOTTIPALAM POLICE STATION
PETITIONERS/ACCUSED:

    1     JIJIN K
          AGED 34 YEARS
          S/O KANARAN, KOTTOTHUMMAL HOUSE, MARUTHONKARA,
          KAVILUMPARA, THOTTILPALAM, KOZHIKODE, PIN -
          673513
    2     KANARAN
          AGED 60 YEARS
          KOTTOTHUMMAL HOUSE, MARUTHONKARA,
          KAVILUMPARA, THOTTILPALAM, KOZHIKODE, PIN -
          673513
    3     GEETHA
          AGED 52 YEARS
          W/O KANARAN, KOTTOTHUMMAL HOUSE, MARUTHONKARA,
          KAVILUMPARA, THOTTILPALAM, KOZHIKODE, PIN -
          673513
    4     SHERIN
          AGED 28 YEARS
          D/O KANARAN,
          KOTTOTHUMMAL HOUSE, MARUTHONKARA,
          KAVILUMPARA, THOTTILPALAM, KOZHIKODE-, PIN -
          673513
          BY ADV M.R.SASITH


RESPONDENTS:

    1     THE STATE OF KERALA REPRESENTED BY THE PUBLIC
          PROSECUTOR
          HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031
    2     THE SUB INSPECTOR
          THOTTIPALAM POLICE STATION,
          KOZHIKODE, PIN - 673513
 Crl. M.C. No. 4032 of 2022

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       3       JIJINA
               AGED 27 YEARS
               D/O AJITH KUMAR,
               MURICHOR MANNIL, ADUKKATH PO, MARUTHOKARA AMSOM,

               DESOM VATAKARA TALUK, KOZHIKODE DISTRICT, PIN -
               673101
               BY ADV RAJITHA V.K



               SMT T V NEEMA -SR PP


THIS       CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No. 4032 of 2022

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                                ORDER

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

Final Report in Crime No. 279/2020 of Thottipalam police station

now pending as C.C. No. 1156/2021 on the file of the Judicial First

Class Magistrate's Court-II, Nadapuram on the ground of settlement

between the parties.

2. The petitioners are the accused Nos. 1 to 4. The

respondent No. 3 is the de facto complainant.

3. The offences alleged against the petitioners are

punishable under Sections 232, 406, 498A, 294(b), 506 read with 34

of the IPC.

4. The respondent No. 3 entered appearance through

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

5. I have heard Sri. Sasith M. R, the learned counsel for the

petitioners, Smt. Rajitha V K, the learned counsel for the respondent

No. 3 and Smt. T V Neema, the learned Senior Public Prosecutor. Crl. M.C. No. 4032 of 2022

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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 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 Crl. M.C. No. 4032 of 2022

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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 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

Crime No. 279/2020 of Thottipalam police station hereby stands

quashed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE RMV Crl. M.C. No. 4032 of 2022

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APPENDIX OF CRL.MC 4032/2022

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.

279/2020 OF THOTTIPALAM POLICE STATION, KOZHIKODE.

Annexure A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 279/2020 OF THOTTIPALAM POLICE STATION, KOZHIKODE IN C.C NO.

1156/2021 DATED 27.12.2020 Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DE-FACTO COMPLAINANT DATED 05.02.2022