Kerala High Court
Thambi vs State Of Kerala on 3 April, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA,
1946
CRL.MC NO. 7769 OF 2022
CRIME NO.2816/2019 OF Cherthala Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.757 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA
PETITIONER/S:
THAMBI
AGED 53 YEARS
S/O MADHAVAN, PUTHENTHARAYIL HOUSE, WARD NO.2,
KUTHIATHODE(P.O), KUTHIATHODE, ALAPPUZHA, PIN -
688533
BY ADVS.
CIMIL CHERIAN KOTTALIL
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 BIJU GOPLAN
AGED 51 YEARS
S/O GOPALAN, NANA GARDENS(H) PODIYADI P.O,
NEDUMBANAM GRAMA PANCHAYATH, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689110
BY PUBLIC PROSECUTOR SRI G SUDHEER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C.,No.7769 of 2022
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K.BABU, J.
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Crl.M.C.No.7769 of 2022
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Dated this the 3rd day of April, 2024
ORDER
The prayer in this Crl.M.C. is to quash Annexure A1
FIR and Annexure A2 Final Report in Crime No.2816 of
2019 of Cherthala Police Station and all further
proceedings pursuant to it on the ground that the parties
have arrived at a settlement in respect of the subject
matter.
2. The petitioner is the sole accused.
3. The offences alleged against the petitioners are
punishable under Sections 323 and 353 of IPC.
4. Respondent No.2 entered appearance through
counsel. The affidavit sworn to by him has also been
placed before this Court.
5. Heard both sides.
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6. I have perused the averments in the petition and
the affidavit sworn to by respondent No 2.
7. The learned Public Prosecutor, on instructions,
submitted that the matter was enquired into through the
Investigating Officer, who has taken the statement of the
victim, and it is reported that the dispute between the
parties has been amicably settled. The material placed
before the Court shows that the entire dispute between
the parties has been amicably settled and the defacto
complainant has decided not to proceed further. The
settlement between the parties is found to be voluntary
and fair. The settlement or the compromise satisfies the
conscience of the Court. It is seen that the victim agreed
to settle the matter with their free will.
8. 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 State
of Madhya Pradesh v. Laxmi Narayan and Others
[(2019) 5 SCC 688] the Apex Court held that the High
..4..
Court, invoking Section 482 of Cr.P.C., can quash criminal
proceedings in relation to non-compoundable offences,
where the parties have settled the matter between
themselves notwithstanding the bar under Section 320 of
Cr.P.C., if it is warranted in the given facts and
circumstances of the case, to ensure ends of justice or to
prevent abuse of the process of any Court.
9. In the instant case, the dispute is purely personal
in nature. There is nothing to show that public interest
will be compromised by quashing the proceedings. The
offences in question do not fall within the category of
serious offences or heinous offences.
10. The offences in the present case do not fall
within the category of offences prohibited for granting
permission to compromise in terms of the pronouncement
of the Apex Court in Gian Singh (supra), Narinder
Singh (supra) and Laxmi Narayan (supra).
11. This Court is of the view that no purpose will be
served in proceeding with the matter further.
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Resultantly, the Crl.M.C is allowed. Annexure A1 FIR
and Annexure A2 Final Report in Crime No.2816 of 2019
of Cherthala Police Station and all further proceedings
pursuant to it stand hereby quashed.
Sd/-
K.BABU
JUDGE
kkj
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PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO:2816/2019 DATED 25.10.2019 ALONG
WITH FIS.
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT
DATED 11.12.2019 FILED BEFORE THE
JUDICIAL IST CLASS MAGISTRATE'S COURT-
I, CHERTHALA IN C.C.NO.757/2020.
Annexure A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT
DATED 31.10.2022 AFFIRMING THE
SETTLEMENT.
