Ajikumar vs State Of Kerala
2022 Latest Caselaw 8812 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                     CRL.MC NO. 3674 OF 2022
 CRIME NO.1272/2017 OF Kayamkulam Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT IN CC 967/2018 OF JUDICIAL FIRST
               CLASS MAGISTRATE COURT-I, KAYAMKULAM
PETITIONER/ACCUSED:

           AJIKUMAR, AGED 29 YEARS, S/O. SURESH,
           THEKKEMANKUZHIYIL,KRISHNAPURAM VILLAGE,
           KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690533

           BY ADVS.ENOCH DAVID SIMON JOEL
           S.SREEDEV, RONY JOSE, LEO LUKOSE
           SUZANNE KURIAN, CIMIL CHERIAN KOTTALIL


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

      2    MINEESA J, AGED 33 YEARS, W/O. BIPIN C BABU,
           VALYAPARAMBIL THARAYIL (H),KAYAMKULAM MURI,
           KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690106

           BY ADV MANEESHA KUMAR

           SMT. T.V. NEEMAK, SR. PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON    07.07.2022,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.3674/2022

                                -:2:-



                              ORDER

Dated this the 7th day of July, 2022

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

Report in Crime No.1272/2017 of Kayamkulam Police Station now

pending as C.C.No. 967/2018 on the file of the Judicial First Class

Magistrate Court-I, Kayamkulam on the ground of settlement

between the parties.

2. The petitioner is the accused. The 2nd respondent is

the defacto complainant.

3. The offences alleged against the petitioner are

punishable under Sections 354 and 506(ii) 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. Enoch David Simon Joel, the learned

counsel for the petitioner, Adv. Maneesha Kumar, 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.3674/2022

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.

8. The dispute in the above case is purely personal in Crl.M.C.No.3674/2022

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.1272/2017 of Kayamkulam Police Station now pending

as C.C.No. 967/2018 on the file of the Judicial First Class

Magistrate Court-I, Kayamkulam hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp Crl.M.C.No.3674/2022

APPENDIX OF CRL.MC 3674/2022

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE FIR IN NO. 1272 / 2017 OF THE KAYAMKULAM POLICE STATION.

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DTD.

03.01.2018 IN FIR NO. 1272 /2017 OF THE KAYAMKULAM POLICE FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KAYAMKULAM.

Annexure3 ORIGINAL AFFIDAVIT DTD. 18.02.2022 EXECUTED BY THE 2ND RESPONDENT.