Antony Salas @ Nivin vs State Of Kerala
2023 Latest Caselaw 11426 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                        CRL.MC NO. 6661 OF 2023
     CRIME NO.360/2023 OF Arthungal Police Station, Alappuzha
 AGAINST THE ORDER/JUDGMENT CC 464/2023 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -II, CHERTHALA
PETITIONER/ACCUSED 1 TO 3:

    1     ANTONY SALAS @ NIVIN, AGED 35 YEARS
          S/O SALAS, PUNNACKAL, ARTHUNKAL.P.O., CHERTHALA SOUTH
          PANCHAYATH, ALAPPUZHA DISTRICT, PIN - 688017
    2     SALAS, AGED 60 YEARS
          PUNNACKAL, ARTHUNKAL.P.O., CHERTHALA SOUTH PANCHAYATH,
          ALAPPUZHA DISTRICT, PIN - 688017
    3     SOGHA, AGED 50 YEARS
          W/O SALAS, PUNNACKAL, ARTHUNKAL.P.O., CHERTHALA SOUTH
          PANCHAYATH, ALAPPUZHA DISTRICT, PIN - 688017
          BY ADV JOSE ANTONY


RESPONDENT/STATE/INVESTIGATING OFFICER, CW1:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, KOCHI, PIN - 682031
    2     STATION HOUSE OFFICER
          ARTHUNGAL POLICE STATION, CHERTHALA TALUK.,
          ARTHUNKAL.P.O., PATHANAMTHITTA DISTRICT,, PIN - 688530
    3     ANGEL REEMA.P.J.
          AGED 26 YEARS
          W/O ANTONY SALAS, RESIDING AT PUNNACKAL, CHERTHALA
          SOUTH (PART), ALAPPUZHA,, PIN - 688530



          SRI VIPIN NARAYAN (SR PP)
          SRI. S.SHIV SHANKAR



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 6661 OF 2023                   2



                                 ORDER

Petitioners are the accused in Crime No.360/2023 of

Arthunkal police station, Alappuzha district, which is now

pending as C.C. No.464/2023 on the file of the Judicial First

Class Magistrate Court-II, Cherthala, alleging commission of

offences punishable under Sections 498A, 325, 323, 324, 294(b)

r/w. 34 of the Indian Penal Code.

2. The 1st petitioner is the husband of the 3rd respondent.

Petitioners 2 and 3 are the parents of the 1 st petitioner. Learned

counsel appearing for the petitioners would submit that the

entire issues between the petitioners and the 3 rd respondent (the

de facto complainant) have been settled. Learned counsel

appearing for the petitioners also refers to Annexure-A3 affidavit

executed by the 3rd respondent to establish that the entire issues

between the petitioners and the 3 rd respondent have been settled

and the 3rd respondent does not intend to continue with the

proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel

appearing for the 3rd respondent affirms that the entire disputes

between the petitioners and the 3rd respondent have been settled

and that the 3rd respondent does not wish to continue with the

proceedings against the petitioner.

4. Having heard the learned counsel appearing for the

petitioners, learned Public Prosecutor and the learned counsel

appearing for the 3rd respondent, I am of the view that this

Crl.M.C. can be allowed on the ground of settlement. The

principles governing the circumstances in which this Court can

exercise the jurisdiction under Section 482 of the Cr.P.C to

quash criminal proceedings in respect of non-compoundable

offences are delineated by the judgments of the Supreme Court

in Gian Singh V. State of Punjab [(2012) 10 SCC 303] and

State of Madhya Pradesh V. Laxmi Narayan and Others

[(2019) 5 SCC 688]. It is clear from the reading of the

aforesaid judgments that offences of heinous nature cannot be

quashed on the ground of subsequent settlement. Here, the

nature of the offences does not compel me to hold that the

proceedings cannot be quashed on the ground of settlement.

No public interest will be served by continuing with the

proceedings against the petitioners. It is unlikely that the State

will be able to successfully prosecute the case against the

petitioners. In that view of the matter, I am of the view that this

is fit case where the jurisdiction of this Court under Section 482

of Cr.P.C. can be invoked to quash the proceedings against the

petitioners on the ground of settlement.

Accordingly, the Crl.M.C is allowed and all further

proceedings in C.C. No.464/2023 on the file of the Judicial First

Class Magistrate Court-II, Cherthala (arising out of Crime

No.360/2023 of Arthunkal police station) will stand quashed as

against the petitioners.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 6661/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE F.I.R. IN CRIME NO.360/2023 OF ARTHUNKAL POLICE STATION, ALAPPUZHA DISTRICT DATED 27.4.2023 Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.

NO.464/2023 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA (CRIME NO.360/2023 OF ARTHUNKAL POLICE STATION, ALAPPUZHA DISTRICT) DATED 27.5.2023 Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 9.8.2023