Praveen T.P vs State Of Kerala
2023 Latest Caselaw 935 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                   CRL.MC NO. 9432 OF 2022
        AGAINST THE ORDER/JUDGMENT IN CC 419/2022 OF
  JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE),ALAPPUZHA


PETITIONERS/ ACCUSED:
    1     PRAVEEN T.P
          AGED 30 YEARS
          THOPPUVELI HOUSE, S.N.PURAM,
          ALAPPUZHA DISTRICT - 688582
    2    SANOJ M.S
         AGED 32 YEARS, SUNIL NIVAS,
         S.N. PURAM P.O,
         ALAPPUZHA DISTRICT - 688582
         BY ADVS.
         E.A.JOSE
         JYOTHI ABRAHAM


RESPONDENTS/ STATE &
DEFACTO COMPLAINANT/ INJURED:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR.
         HIGH COURT OF KERALA, ERNAKULAM.
         THROUGH STATION HOUSE OFFICER.
         MARRARIKULAM POLICE STATION,
         ALAPPUZHA DISTRICT - 682031
    2    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR.
         HIGH COURT OF KERALA, ERNAKULAM.
         THROUGH STATION HOUSE OFFICER.
         MARRARIKULAM POLICE STATION,
         ALAPPUZHA DISTRICT - 682031
    3    SONY.S
         AGED 27 YEARS
         KRISHNAKRIPA
         VARANADU P.O. CHERTHALA
         ALAPPUZHA - 688539, PIN - 688539
 CRL.MC NO. 9432 of 2022

                              -:2:-

           BY ADVS.
           JOSEPH RONY JOSE
           K.G.GOPAKUMAR

           SRI .P.G.MANU SR.P.P



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 9432 of 2022

                                 -:3:-

                              ORDER

Dated this the 17th day of January, 2023

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

Report in C.C.No.419 of 2022 on the file of the Judicial First Class

Magistrate Court-II, Alappuzha on the ground of settlement

between the parties.

2. The petitioners are the accused Nos. 1 and 2. The 2nd

respondent is the de facto complainant.

3. The offences alleged against the petitioners are

punishable under Sections 509 r/w 34 of the Indian Penal Code

and Section 119(a) of the Kerala Police Act.

4. The 2nd respondent entered appearance through

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

5. I have heard Sri.E.A.Jose, the learned counsel for the

petitioners, Sri.Joseph Rony Jose, the learned counsel for the

respondent No.2 and Sri.P.G.Manu, the learned Senior Public

Prosecutor.

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

sworn in by the 2nd respondent would show that the entire CRL.MC NO. 9432 of 2022

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.MC NO. 9432 of 2022

nature. No public interest or harmony will be adversely affected

by quashing the proceedings pursuant to Annexure-A. The

offences in question does 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-A Final Report in

C.C.No.419 of 2022 on the file of the Judicial First Class

Magistrate Court-II, Alappuzha hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA CRL.MC NO. 9432 of 2022

APPENDIX OF CRL.MC 9432/2022

PETITIONER'S ANNEXURES

Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CC NO:

419/2022 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT -II ALAPPUZHA

Annexure B AFFIDAVIT OF SETTLEMENT FILED BY THE DEFACTO COMPLAINANT.