Kerala High Court
Kannan vs The State Of Kerala on 27 January, 2025
Crl.M.C.No.6754 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 27TH DAY OF JANUARY 2025/7TH MAGHA, 1946
CRL.MC NO. 6754 OF 2022
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.3006 OF 2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR WHICH ORIGINATES
FROM THE CRIME REGISTERED AS CRIME NO.55 OF 2015 DATED
12.01.2015 BY THE NENMARA POLICE STATION, IN PALAKKAD
DISTRICT
PETITIONER/SOLE ACCUSED:
KANNAN, AGED 48 YEARS, S/O.PAZHANIMALA,
ARIYAKODE DESOM, AYILUR POST, CHITTOOR TALUK,
PALAKKAD DISTRICT, PIN - 678510.
BY ADV.G.SREEKUMAR (CHELUR)
RESPONDENTS/STATE OF KERALA AND COMPLAINANT:
1 THE STATE OF KERALA,
REP. BY THE SUB INSPECTOR OF POLICE,
NENMARA POLICE STATION
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682011.
2 PREETHA, AGED 38 YEARS, W/O.PARAMESWARAN,
KIZHAKUMURI KADAMBIDI HOUSE, THEKEKARA, MELARKODE,
ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678541.
BY ADVS. ANAND MAHADEVAN
E.C.BINEESH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated, this the 27th day of January, 2025
A five Judges Bench of the Punjab and Haryana High Court in
Kulwinder Singh and Others v. State of Punjab and Another
[(2007) 4 CTC 769], framed broad guidelines as regards
quashment of the criminal proceedings under Section 482 of
the Code in respect of offences which are not compoundable in
terms of Section 320 of the Code. One among the guidelines
was that the offences against human body, other than murder
and culpable homicide, may be permitted to be compounded,
when the court is in a position to record a finding that the
settlement between the parties is voluntary and fair. These
guidelines were quoted with approval by a three Judges Bench
of the Hon'ble Supreme Court in Gian Singh v. State of Punjab
and another [(2012) 10 SCC 303]. Similarly in Narinder Singh
and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble
Supreme Court has gone to the extent of sanctioning
invocation of the inherent power under section 482 of the
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Criminal Procedure Code to quash the F.I.R in a crime
alleging offences under Section 307, which is a henious and
serious offence. A practical approach is seen adopted by the
Hon'ble Supreme Court in Madan Mohan Abbot v. State of Punjab
[(2008) 4 SCC 582] as regards quashment in respect of
offences like 379, 406, 409, 418, etc., the relevant findings
of which are extracted here below:
"6. We need to emphasise that it is perhaps
advisable that in disputes where the question
involved is of a purely personal nature, the court
should ordinarily accept the terms of the compromise
even in criminal proceedings as keeping the matter
alive with no possibility of a result in favour of
the prosecution is a luxury which the courts, grossly
overburdened as they are, cannot afford and that the
time so saved can be utilised in deciding more
effective and meaningful litigation. This is a common
sense approach to the matter based on ground of
realities and bereft of the technicalities of the
law."
2. In the facts at hand, petitioner is the sole accused in
Crime No.55 of 2015 of Nenmara Police Station, Palakkad, now
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pending as C.C.No.3006/2015 of the Judicial First Class
Magistrate Court, Alathur. As per Final Report, the offences
alleged are under Sections 341, 323, 294(b), 506(i) and 354
of the Penal Code. The petitioner seeks quashment of entire
proceedings in the above Calendar Case, on the strength of
the settlement arrived at by and between the parties.
3. Heard the learned counsel for the petitioner; learned
counsel for the defacto complainant/2nd respondent and the
learned Public Prosecutor. Perused the records.
4. When this Crl.M.C was moved, this Court directed to record
the statement of the defacto complainant. The said direction
was complied and the statement was handed over. On perusal of
the same, it is clear that the defacto complainant is no
longer interested to proceed with the prosecution case. That
apart, it is noticed that along with this Crl.M.C, an
affidavit has been sworn to by the defacto complainant (2nd
respondent herein) as Annexure-A6, wherein she would
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unequivocally state that the issues between the petitioner
and the defacto complainant are settled amicably out of court
and that she has no objection in quashing the criminal
proceedings against the petitioner. The affidavit is sworn to
on her free will. Moreover, learned counsel for the defacto
complainant/2nd respondent would submit that the relief sought
for herein be allowed, in view of the settlement between the
parties. This Court is therefore convinced that the
settlement arrived at is genuine and bonafide.
5. In the light of the above referred facts, this Court is of
the opinion that the necessary parameters, as culled out in
Narinder Singh (supra), Madan Mohan Abbot (supra) and Gian
Singh (supra), are fully satisfied. This Court is convinced
that further proceedings against the petitioner will be a
futile exercise, inasmuch as the disputes have already been
settled. There is little possibility of any conviction in the
crime. Dehors the settlement arrived at by and between the
parties, if they are compelled to face the criminal
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proceedings, the same, in the estimation of this Court, will
amount to abuse of process of Court. The quashment sought for
would secure the ends of justice. This Court also notice that
the offences under Sections 323, 341 and 506(i) are
compoundable, which is all the more a reason to accept the
compromise between the parties.
6. In the circumstances, this Crl.M.C. is allowed.
Annexure-3 Final Report and all further proceedings in
C.C.No.3006/2015 of the Judicial First Class Magistrate
Court, Alathur are hereby quashed.
Sd/-
C.JAYACHANDRAN, JUDGE
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PETITIONER'S ANNEXURES:
ANNEXURE 1 A TRUE COPY OF THE PRIVATE COMPLAINT
C.M.P NO.123 OF 2015 BEFORE THE JFCM,
ALATHUR DATED 8.1.2015.
ANNEXURE 2 A TRUE COPY OF THE F I R IN CRIME NO 55
OF 2015 DATED 12.1.2015 BY THE NENMARA
POLICE STATION.
ANNEXURE 3 A TRUE COPY OF THE FINAL REPORT NO 610 OF
2015 DATED 31.5.2015 ON THE FILE OF THE
JFCM, ALATHUR.
ANNEXURE 4 A CERTIFIED COPY OF THE CC NO 3006 OF
2015 DATED 15.06.2015 ON THE FILE OF THE
JFCM, ALATHUR.
ANNEXURE V A TRUE COPY OF THE ORDER DATED 29.07.2022
PASSED BY HON'BLE HIGH COURT IN CRL MC
NO:2100 OF 2018.
ANNEXURE A6 AFFIDAVIT OF 2ND RESPONDENT
