Shyamkumar S vs The State Of Kerala
2022 Latest Caselaw 2973 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                    CRL.MC NO. 5298 OF 2021
        CRIME NO.811/2020 OF Sreekariyam Police Station,
                         Thiruvananthapuram
PETITIONERS/ACCUSED:

    1      SHYAMKUMAR S, AGED 29 YEARS
           S/O.SYAMALAN R., RESIDING AT MEENAMPOIKA VEEDU,
           KATTELA, SREEKARIYAM P.O., THIRUVANANTHAPURAM 695
           017

    2      SYAMALAN R., AGED 56 YEARS
           S/O.RAJU, RESIDING AT MEENAMPOIKA VEEDU, KATTELA,
           SREEKARIYAM P.O., THIRUVANANTHAPURAM 695 017

    3      USHAKUMARI, AGED 50 YEARS, W/O.SYAMALAN R.,
           RESIDING AT MEENAMPOIKA VEEDU, KATTELA,
           SREEKARIYAM P.O., THIRUVANANTHAPURAM 695 017

           BY ADVS.
           K.KUSUMAM
           R.S.REJITHA
           K.KALESH
           P.T.MARY



RESPONDENTS/DEFACTO COMPLAINANT:

    1      THE STATE OF KERALA
           REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM 682031
 Crl.M.C.No.5298/2021

                                 -:2:-

     2     RADHIKA S.
           AGED 28 YEARS
           D/O.PAINKILY D., RESIDING AT RENUKA VILASOM,
           THONNAKKAL P.O., THIRUVANANTHAPURAM 695 317, NOW
           RESIDING AT RAHUL BHAVAN, ERUTHAMCODE MAVUVILA,
           THOONGAPARA, KATTAKKADA P.O., THIRUVANANTHAPURAM

           K.P. RENADIVE

           SRI. M.P. PRASANTH PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   16.03.2022,   THE   COURT    ON     THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.5298/2021

                               -:3:-



                              ORDER

Dated this the 16th day of March, 2022

This Crl.M.C. has been preferred to quash all further

proceedings pursuant to Annexure A1 FIR in Crime No. 811/2020

of Sreekariyam Police Station on the ground of settlement

between the parties.

2. The petitioners are the accused. The 2nd respondent is

the defacto complainant.

3. The offences alleged against the petitioners are under

Sections 498A and 34 of IPC.

4. The respondent No.2 entered appearance through

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

5. I have heard Smt. K. Kusumam, the learned counsel

for the petitioners, Adv. K.P. Renadive, the learned counsel for

the respondent No.2 and Sri. M.P. Prasanth the learned 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 Crl.M.C.No.5298/2021

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

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 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.

8. The dispute in the above case is purely personal in

nature. No public interest or harmony will be adversely affected Crl.M.C.No.5298/2021

by quashing the proceedings pursuant to Annexure A1. 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 further.

Accordingly, the Crl.M.C. is allowed. All further proceedings

pursuant to Annexure A1 FIR in Crime No. 811/2020 of

Sreekariyam Police Station stands hereby quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge Crl.M.C.No.5298/2021

APPENDIX OF CRL.MC 5298/2021

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF FIR NO.811/2020 DATED 17/6/2020 OF SREEKARIYAM POLICE STATION

Annexure A2 TRUE COPY OF COMPROMISE PETITION DATED 25.11.2020 IN OP(HMA) 698/2020, BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM

Annexure A3 TRUE COPY OF JOINT PETITION FOR DIVORCE, OP(HMA) 698/2020, FILED BY THE 1ST PETITIONER AND DEFCATO COMPLAINANT BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM DATED 25.11.2020

Annexure A4 TRUE COPY OF RECEIPT ISSUED BY THE DEFACTO COMPLAINANT, IN FAVOURT OF THE 1ST ACCUSED, SHOWING THE SATISFACTION OF HER CLAIMS DATED 25/11/2020

Annexure A5 TRUE COPY OF RECEIPT DATED 29/6/2021, ISSUED BY THE DEFACTO COMPLAINANT SHOWING THE RECEIPT OF MONEY, FROM THE 1ST ACCUSED AS PER A2 COMPROMISE PETITION

Annexure A6 AFFIDAVIT DATED 25/11/2020 SWORN BY THE DEFACTO COMPLAINANT/WIFE

Annexure A7 TRUE COPY OF JUDGMENT DATED 2/7/2021 IN IA NO.1/2020 IN OP. 698/2020 OF THE HON'BLE FAMILY COURT AT THIRUVANANTHAPURAM.