Bijoy vs State Of Kerala
2022 Latest Caselaw 6496 Ker

CRL.MC NO. 7975 OF 2018            1




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                          CRL.MC NO. 7975 OF 2018
     IN CC 3022/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
                                KODUNGALLUR
PETITIONERS/ACCUSED:

      1      BIJOY, AGED 38 YEARS
             S/O POTHAMPARAMBIL SADIDHARAN, CHENTHRAPPINNI
             VILLAGE, DESOM AND P.O., KODUNGALLUR TALUK,
             PIN-680 687
      2      SASIDHARAN, AGED 64 YEARS
             POTHAMPARAMBIL, CHENTHRAPPINNI VILLAGE,
             DESOM AND P.O,
             KODUNGALLUR TALUK, PIN 680 687.
      3      VALSALA, AGED 61 YEARS
             W/O.SASIDHARAN, CHENTHRAPPINNI VILLAGE,
             DESOM AND P.O, KODUNGALLUR TALUK, PIN 680 687.
      4      LEESHMA, AGED 29 YEARS
             W/O. SHIJOY, CHENTHRAPPINNI VILLAGE,
             DESOM AND P.O, KODUNGALLUR TALUK, PIN 680 687.
             BY ADV NIRMAL. S
RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM- 682 031
      2      DHITHI, AGED 28 YEARS
             D/O. RAMANKUTTY, MUTTICHOOR HOUSE, CHENDRAPPINNI
             VILLAGE, CHENDRAPPINNI DESOM, KODUNGALLUR TALUK,
             THRISSUR 680 687.
             R1 BY SMT.T.V.NEEMA - SR. PUBLIC PROSECUTOR
      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 7975 OF 2018           2




                             O R D E R

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

Report in C.C.No.3022/2016 on the file of the Judicial First Class

Magistrate Court, Kodungallur on the ground of settlement between

the parties.

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

respondent is the de facto complainant.

3. The offences alleged against the petitioners are punishable

under Sections 406, 420, 323, 120(B), 497 and 498A r/w 34 of IPC.

4. An affidavit sworn in by the 2nd respondent is produced.

5. I have heard Sri.Nirmal.S, the learned counsel for the

petitioners and Smt.T.V.Neema, the learned Senior Public Prosecutor.

6. The averments in the petition as well as the affidavit

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

nature. No public interest or harmony will be adversely affected by

quashing the proceedings pursuant to Annexure A3. 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 A3 Final Report in

C.C.No.3022/2016 on the file of the Judicial First Class Magistrate

Court, Kodungallur hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE ab

APPENDIX OF CRL.MC 7975/2018

PETITIONER ANNEXURES ANNEXURE TRUE COPY OF THE C.C NO. 3022/16 PENDING BEFORE THE JFCM, KODUNGALLUR ANNEXURE A2 TRUE COPY OF THE FIR 1988/16 DATED 07-09-

ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT NO.

2246/16 ANNEXURE A4 TRUE COPY OF THE COMMON JUDGMENT IN O.P NO. 363/16 AND O.P 564/16 DATED 28-09-2018 ANNEXURE A5 TRUE COPY OF THE COMPROMISE AGREEMENT DT.

28-09-2018 ANNEXURE A6 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT

RESPONDENTS ANNEXURES: NIL