Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 CRL.MC NO. 7332 OF 2024 CRIME NO.232/2018 OF Anchalummoodu Police Station, Kollam AGAINST CC NO.494 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, KOLLAM PETITIONER/ACCUSED: VINOD AGED 48 YEARS S/O VINCENT VINOD BHAVAN MEENATHU CHERRY, PUTHENTHURUTHU SAKTHIKULANGARA VILLAGE, SAKTHIKULANGARA PO KOLLAM, PIN - 691589 BY ADV M.RAJESH RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNKULAM, PIN - 682031 2 THE SUB INSPECTOR OF POLICE ANCHALUMMOODU POLICE STATION, ANCHALUMMOODU, KOLLAM, PIN - 691601 3 AANI ANGEL AGED 29 YEARS D/O ALBIN THOMAS DAIZY MANDIRAM KUREEPPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KUREEPPUZHA PO, KOLLAM (DIST)-, PIN - 691601 4 DAIZY AGED 49 YEARS D/O JENAVA DAIZY MANDIRAM KUREEPPUZHA CHERRY, ..2..
THRIKKADAVOOR VILLAGE, KUREEPPUZHA PO, KOLLAM (DIST)-, PIN - 691601 BY ADV.SANAL P. RAJ - PUBLIC PROSECUTOR ADV.C.R.JAYAKUMAR - R3 & R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3..
O R D E R
Dated this the 6th day of March, 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
..4..
482 of the 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 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 herebelow:
“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.232 of 2018 of Anchalummoodu Police Station, ..5.. Kollam, now pending as C.C.No.494/2018 before the Judicial
First Class Magistrate Court-I, Kollam. The offences alleged are under Sections 341, 294(b), 506(i) and 354 of the Indian Penal Code. The petitioner seeks quashment of the 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 respondent nos.3 and 4 and the learned Senior 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 statements of the defacto complainant and respondent no.4, were handed over. On perusal of the same, it is clear that the issues between the petitioner, the defacto complainant and the 4th respondent are settled amicably and that they are disinterested to proceed with the criminal proceedings ..6.. against the petitioner. That apart, it is noticed that, along with this Crl.M.C, affidavits have been sworn to by the defacto complainant (3rd respondent herein) and respondent no.4 as Annexures-II and III, wherein they would unequivocally state that the disputes have been
amicably settled and that the complaint stemmed from misunderstanding. They would also swear that they have no objection in quashing the criminal proceedings against the petitioner and that the affidavits are sworn to on their own volition, without any compulsion, whatsoever. This Court is therefore convinced that the settlement arrived
at is genuine and bonafide. Learned counsel for the respondents 3 and 4 would also endorse that the quashment sought for can be allowed.
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 ..7..
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 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 341 and 506(i) are compoundable, which is all the more a reason to accept the compromise between the parties.
In the circumstances, this Crl.M.C. is allowed. Annexure-I Final Report, and all further proceedings in C.C.No.494/2018 of the Judicial First Class Magistrate Court-I, Kollam, are hereby quashed.
Sd/- C. JAYACHANDRAN JUDGE TR ..8.. APPENDIX OF CRL.MC 7332/2024 PETITIONER ANNEXURES Annexure-I THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 232/2018 OF ANCHALUMMOODU POLICE STATION DATED 23.03.2018 Annexure-II AN AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 26.02.2024 Annexure-III AN AFFIDAVIT SUBMITTED BY THE 4TH RESPONDENT DATED 26.02.2024