Ravi vs State Of Kerala
2022 Latest Caselaw 10172 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                       CRL.MC NO. 5893 OF 2022
 AGAINST THE ORDER/JUDGMENT IN CC 370/2022 OF JUDICIAL MAGISTRATE
                       OF FIRST CLASS, CHITTUR

          (CRIME NO. 292/2022 OF CHITTUR POLICE STATION)

PETITIONERS/ACCUSED:

    1     RAVI
          AGED 30 YEARS
          S/O ARUMUKHAN,KUNNATHUPALAYAM,
          THEKKEGRAMAM P.O., CHITTUR,
          PALAKKAD, PIN - 678103
    2     GANESH.V
          AGED 31 YEARS
          S/O VISHWANATHAN, CHAMBATHAKALAM,
          KUNNATHUPALAYAM, THEKKEGRAMAM P.O.,
          CHITTUR, PALAKKAD, PIN - 678103
    3     VISHWANATHAN
          AGED 58 YEARS
          S/O ARUMUKA MUTHALIYAR, CHAMBATHAKALAM,
          KUNNATHUPALAYAM, THEKKEGRAMAM P.O.,
          CHITTUR, PALAKKAD, PIN - 678103
          BY ADV SYAM J SAM


RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     GIRIJA SIVADAS
          AGED 45 YEARS
          W/O SIVADAS, PUTHEN VEEDU,
          KUNNATHUPALAYAM, THEKKEGRAMAM P.O.,
          CHITTUR, PALAKKAD, PIN - 678103
    3     JITHINDAS.P.S
          AGED 23 YEARS
          S/O SIVADAS,PUTHEN VEEDU,
          KUNNATHUPALAYAM,THEKKEGRAMAM P.O.,
          CHITTUR, PALAKKAD, PIN - 678103
    4     SIVADAS. P.K
          AGED 56 YEARS
 CRL.MC NO. 5893 OF 2022
                                 2



          S/O KRISHNAN, PUTHEN VEEDU,
          KUNNATHUPALAYAM, THEKKEGRAMAM P.O.,
          CHITTUR, PALAKKAD, PIN - 678103
          BY ADV SUNAINA ABDULKADER


OTHER PRESENT:

          SMT T V NEEMA -SR PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   15.09.2022,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 5893 OF 2022
                                3




                           ORDER

Dated this the 15th day of September, 2022

This Crl.M.C. has been preferred to quash Annexure 1

Final Report in Crime No. 292/2022 of Chittur Police Station

on the ground of settlement between the parties.

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

respondent is the de facto complainant. The 3rd and 4th

respondents are injured.

3. The offences alleged against the petitioners are

punishable under Sections 143, 147, 148, 341, 323, 324,

294(b), 506 read with Section 149 of IPC.

4. The respondent Nos. 2 to 4 entered appearance

through counsel. An affidavit sworn in by her is also

produced.

5. I have heard Sri. Syam J Sam, the learned counsel

for the petitioners, Smt. Sunaina Abdulkader, the learned

counsel for the respondent Nos. 2 to 4 and Smt. T.V. Neema,

the learned Senior Public Prosecutor. CRL.MC NO. 5893 OF 2022

6. The averments in the petition as well as the

affidavits sworn in by the respondent Nos. 2 to 4 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 CRL.MC NO. 5893 OF 2022

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 by quashing the proceedings pursuant to Annexure

1. 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 1

Final Report in Crime No. 292/2022 of Chittur Police Station

hereby stands quashed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE LU CRL.MC NO. 5893 OF 2022

APPENDIX OF CRL.MC 5893/2022

PETITIONER ANNEXURES

ANNEXURE1 THE TRUE COPY OF THE CHARGE SHEET IN CRIME 292/2022 OF CHITTUR POLICE STATION ANNEXURE2 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND AND 3RD RESPONDENTS Annexure3 THE TRUE COPY OF THE AFFIDAVIT FILED BY 4TH RESPONDENT

// True Copy // PA To Judge