Simi vs State Of Kerala
2023 Latest Caselaw 10424 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                      CRL.MC NO. 4433 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 16/2022 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -I,KOCHI
PETITIONER/ACCUSED:

          SIMI, AGED 47 YEARS, D/O. FRANCIES
          PALACKAL HOUSE, NEAR MANASSERY CHURCH, ERNAKULAM,
          RAMESWARAM VILLAGE, THOPPUMPADY, PIN - 682005
          BY ADVS.
          BABU CHERUKARA
          P.A.NIZAR


RESPONDENTS/CW2 AND CW3 IN THE C.C.:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          ERNAKULAM, COCHIN, PIN - 682031
    2     THE SUB INSPECTOR OF POLICE, VANITHA POLICE STATION,
          ERNAKULAM CITY, ERNAKULAM DISTRICT, PIN - 682018
    3     CHINNAMMA, AGED 70 YEARS, W/O FRANCIS, PALACKAL HOUSE,
          MANASSERY, THOPPUMPADY, PIN - 682005
    4     SINCY, AGED 44 YEARS, W/O PRASAD, SREEKOVIL ANUVILLA,
          ATHIPPOZHY, THOPPUMPADY, PIN - 682005
          BY ADV PUBLIC PROSECUTOR




          SRI. VIPIN NARAYAN .PP
          SRI. JEES MARTIN, FOR RESPONDENT    NOS. 3 AND 4


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4433 OF 2023             2



                                 ORDER

Petitioner is the sole accused in C.C. No.16/2022 on the

file of the Judicial First Class Magistrate Court-I, Kochi,

alleging commission of offences under Sections 341, 324, and

294 of the Indian Penal Code.

2. Learned counsel appearing for the petitioner would

submit that the de facto complainant expired on 14.10.2016

and respondent Nos.3 and 4 are none other than the mother

and sister of the de facto complainant. . It is also submitted

that the entire issues between the petitioner and respondent

Nos.3 and 4 (CW2 and CW3) have been settled. Learned

counsel appearing for the petitioner also refers to Annexures

A2 and A3 affidavits executed by CW2 and CW3 (respondent

Nos.3 and 4) to establish that the entire issues between the

petitioner and respondent Nos.3 and 4 have been settled and

the respondents 3 and 4 do not intend to continue with the

proceedings against the petitioner.

3. The learned Public Prosecutor and the learned

counsel appearing for respondent Nos.3 and 4 would confirm

that the entire issues between the petitioner and respondent

Nos.3 and 4 have been settled and the respondents 3 and 4 do

not wish to continue with the prosecution in any manner.

4. Heard the learned counsel for the petitioner, the

learned Public Prosecutor and the learned counsel for

respondent Nos.3 and 4.

5. The principles governing the circumstances in which

this Court can exercise of jurisdiction under Section 482 of the

Cr.P.C to quash criminal proceedings in respect of non-

compoundable offences is 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. In

this case, 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 petitioner. Therefore, it is

unlikely that the State will be able to successfully prosecute

the case against the petitioner . 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 petitioner on the ground of settlement.

No public interest will be served by continuing with the

proceedings against the petitioner. The nature of the offences

does not compel me to hold that the proceedings cannot be

quashed on the ground of settlement.

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

proceedings in C.C. No.16/2022 on the files the Judicial First Class

Magistrate Court-I, Kochi will stand quashed as against the

petitioner.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 4433/2023

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO.

16/2022 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 KOCHI DATED 31-10-2015 Annexure A2 ORIGINAL AFFIDAVIT OF THE CW2 DATED 27-04-

Annexure A3 ORIGINAL AFFIDAVIT OF THE CW3 DATED 27-04-

Annexure A4 COPY OF DEATH CERTIFICATE OF DEFACTO COMPLAINANT DATED 03-11-2016 HAVING REGISTRATION NO. DEATH/2016/9538