Kerala High Court
Dinesh Mani vs State Of Kerala on 17 January, 2023
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. 9333 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1023/2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA
PETITIONERS/ ACCUSED'S:
1 DINESH MANI
AGED 33 YEARS,
SREENANDHANAM VEEDU,
NEAR SN JUNCTION,
RAILWAY STATION WARD,
ALAPPUZHA, PIN - 688012
2 SULOCHANA
AGED 50 YEARS,
SREENANDHANAM VEEDU,
NEAR SN JUNCTION,
RAILWAY STATION WARD,
ALAPPUZHA, PIN - 688012
3 G MANI
AGED 61 YEARS
SREENANDHANAM VEEDU,
NEAR SN JUNCTION,
RAILWAY STATION WARD,
ALAPPUZHA, PIN - 688012
BY ADVS.
MANU HARSHAKUMAR
GOVIND CHANDRABHANU
RESPONDENTS/ STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
CRL.MC NO. 9333 of 2022
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2 SOUMYA M S
AGED 21 YEARS
SREENANDHANAM VEEDU,
NEAR SN JUNCTION,
RAILWAY STATION WARD
ALAPPUZHA, PIN - 688012
BY ADVS.
ADARSH S
SMT .T.V NEEMA 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. 9333 of 2022
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ORDER
Dated this the 17th day of January, 2023
This Crl.M.C. has been preferred to quash Annexure-II Final
Report in C.C.No.1023 of 2022 on the file of the Judicial First
Class Magistrate Court-I, Alappuzha 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.
3. The offences alleged against the petitioners are
punishable under Sections 498-A r/w 34 of Indian Penal Code.
4. An affidavit sworn in by the 2 nd respondent is also
produced.
5. I have heard Sri.Manu Harshakumar, 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 2nd respondent 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
CRL.MC NO. 9333 of 2022
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-II. The
CRL.MC NO. 9333 of 2022
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-II Final Report in
C.C.No.1023 of 2022 on the file of the Judicial First Class
Magistrate Court-I, Alappuzha hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
CRL.MC NO. 9333 of 2022
APPENDIX OF CRL.MC 9333/2022
PETITIONER'S ANNEXURES
Annexure 1 CERTIFIED COPY OF FIR AND FIS IN CRIME NO
515/2022 OF SOUTH POLICE STATION ALAPPUZHA
Annexure 2 CERTIFIED COPY OF FINAL REPORT IN CC 1023/2022
OF JFMC I ALAPPUZHA
Annexure 3 AFFIDAVIT OF 2ND RESPONDENT
