Kerala High Court
Justin Chacko vs State Of Kerala on 29 April, 2025
2025:KER:33363
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
CRL.MC NO. 3353 OF 2025
CRIME NO.671/2022 OF CHITTAR POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT IN CC NO.282 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,RANNI
PETITIONERS/ACCUSED:
1 JUSTIN CHACKO
AGED 35 YEARS
AZHAKANATHU VEEDU KOCHUKOICKAL SEETHATHODU
PATHANAMTHITTA, PIN - 689667
2 CHACKO
AGED 67 YEARS
AZHAKANATHU VEEDU KOCHUKOICKAL SEETHATHODU
PATHANAMTHITTA, PIN - 689667
3 MARYKUTTY
AGED 62 YEARS
AZHAKANATHU VEEDU KOCHUKOICKAL SEETHATHODU
PATHANAMTHITTA, PIN - 689667
4 JINCY
AGED 40 YEARS
AZHAKANATHU VEEDU KOCHUKOICKAL SEETHATHODU
PATHANAMTHITTA, PIN - 689667
BY ADVS.
JOHNY K.GEORGE
ATHULYA MARTIN
CRL.MC NO. 3353 OF 2025 2
2025:KER:33363
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSCEUTOR
HIGH COURT OF KERALA, PIN - 682031
2 NEETHU KYRIAKOSE
AGED 35 YEARS
KOCHUMALANKARA KOCHARA NETTITHAZHAM
UDUMPNCHOLA ANAKKARA IDUKKI, PIN - 685512
BY ADV EMIL HANNA THOMAS
OTHER PRESENT:
ADV M .C ASHI PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
29.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3353 OF 2025 3
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EASWARAN S., J.
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Crl.M.C.No.3353 of 2025
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Dated this the 29th day of April, 2025
ORDER
The petitioners are accused in Crime No.671 of 2022
of Chittar Police Station, Pathanamthitta, and pending in C.C
No.282/2023 on the files of the Judicial First Class Magistrate
Court, Ranni, for offences punishable under Sections 498-A,
294(b), 323, 506 r/w 34 of IPC.
2. Pending trial of the offences, the petitioners as well
as the de facto complainant have entered into a settlement out
of court and settled the disputes. The de facto complainant
accordingly has sworn to an affidavit stating that the matter
has been amicably settled and that she has no objection in this
Court quashing the proceedings against the petitioners.
3. When the matter came up for consideration before
this Court, the learned Public Prosecutor was required to
obtain instructions on the veracity of the affidavit filed by the
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de facto complainant. Today, when the matter is taken up for
consideration, the learned Public Prosecutor reported that the
affidavit sworn to by the de facto complainant is genuine and
that the issues have been settled between the parties.
4. The guidelines as regards the circumstances
warranting exercise of power under Section 482 of the Code of
Criminal procedure 1973, for quashing offences which are non
compoundable were succinctly laid down by the Supreme Court
in Narinder Singh Vs State of Punjab (2014) 6 SCC 466.
Still further, in Gian Singh VS State of Punjab (2012) 10
SCC 303, the Supreme Court affirmed the view expressed by
five bench of the Punjab High Court in Kulwinder Singh Vs
State of Punjab (2007) 4 CTC 769 wherein it was held that
even offences against human body could be compounded if the
settlement entered is genuine and voluntary.
5. In Madan Mohan Abbot Vs State of Punjab
(2008)4 SCC 582, the Supreme Court once again reiterated
that the offence involving personal injuries should be allowed to
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be compounded keeping in mind the fact that even on
completion of trial there will be no possibility of conviction.
6. In this case this court finds that offences under
Sections 323 and 341 are compoundable whereas the offences
under Sections 324 & 354 of Indian Penal Code are not
compoundable. However, taking note of the submission of the
Learned Counsel for the parties and the Public Prosecutor, and
also the affidavits filed on behalf of the de facto complainants,
and also since the de facto complainants have given statement
before the Station House officer that the affidavits sworn to by
them are voluntary and genuine, this Court is of the considered
view that there will be no useful purpose served in proceeding
with the trial of the case inasmuch as there is no possibility of
the trial ending in conviction of the accused and that the entire
process will be abuse of process of the court.
7. In view of the above, this Court is satisfied that it is a
fit case where the case against the petitioners requires to be
quashed, in exercise of the inherent powers of this Court under
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.
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Accordingly, this Crl.M.C is allowed and Crime No.671/2022 of
Chittar Police Station, Pathanamthitta, and all further
proceedings against the petitioners in C.C.No.282/2023 on the
files of the Judicial First Class Magistrate Court, Ranni, stand
quashed.
Ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
MSA
2025:KER:33363
PETITIONER ANNEXURES
Annexure A1 COPY OF FIR IN CRIME NO.0671/2022 OF
CHITTAR POLICE STATION
Annexure A2 THE AFFIDAVIT FILED BY THE DE FACTO
COMPLAINANT FOR NO OBJECTION FOR
TERMINATING THE PROCEEDINGS
