Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 CRL.MC NO. 660 OF 2023 AGAINST THE ORDER/JUDGMENTCC 1078/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANNARKAD PETITIONERS/ACCUSED NOS 1 TO 3:
1 SAJINESH AGED 32 YEARS S/O RAMANKUTTY PULIYATH HOUSE ANDIKUNDU, MANNARKKAD P.O. PALAKKAD DISTRICT, PIN - 678 582. 2 SARATH AGED 29 YEARS S/O VASUDEVAN THRIKKAPARA HOUSE ANDIKUNDU, MANNARKKAD P.O., PALAKKAD DISTRICT,, PIN - 678 582. 3 MANEESH AGED 31 YEARS S/O MOHANAN KUNNATH HOUSE ANDIKUNDU, MANNARKKAD P.O. PALAKKAD DISTRICT,, PIN - 678 582. BY ADVS. C.S.MANU MANJU E.R.
RESPONDENTS/STATE & DEFACTO COMPLAINANT/PW-1 & PW-2: 1 STATE OF KERALA (REP.BY THE SUB INSPECTOR OF POLICE, CRIME NO. DISTRICT) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 RADHAKRISHNAN AGED 50 YEARS S/O KRISHNANKUTTY AMBALATH HOUSE ANDIKUNDU, MANNARKKAD P.O. PALAKKAD DISTRICT, PIN - 678 582. Crl.M.C No.660 of 2023 2 3 PARUKUTTY AGED 70 YEARS W/O KRISHNANKUTTY AMBALATH HOUSE ANDIKUNDU, MANNARKKAD P.O., PALAKKAD DISTRICT, PIN - 678 582. BY ADV SRI.G.SUDHEER, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C No.660 of 2023 3 K. BABU, J --------------------------------------- Crl.M.C No. 660 of 2023 -------------------------------------- Dated this the 28th day of February, 2023
ORDER
The prayer in this Crl.MC is to quash Annexure A1 Final Report in Crime No.474/2014 of Mannarkkad Police Station and all further proceedings in C.C No.1078/2014 on the file of the Judicial First Class Magistrate Court, Mannarkkad, on the ground that the parties have arrived at a settlement in respect of the subject matter.
2. Petitioners are accused Nos.1 to 3.
3. The offences alleged against the petitioners are punishable under Sections 452, 323 and 294(b) r/w Section 34 of the Indian Penal Code.
4. Respondent Nos. 2 and 3, entered appearance through counsel. Affidavits sworn to by them have also been placed before this Court.
5. Heard both sides.
6. I have perused the averments in the petition and the affidavits sworn to by respondent Nos. 2 and 3.
7. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating Officer,
Crl.M.C No.660 of 2023 4 who has taken statements of the victims, 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 victims have 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 victims 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. Lakshmi Narayan and Others [(2019) 5 SCC 688] the Apex Court held that the High 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. Crl.M.C No.660 of 2023 5
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 Lakshmi Narayan (supra).
11. This Court is of the view that no purpose will be served in proceeding with the matter further. Resultantly, the Crl.M.C is allowed. Annexure A1 Final Report in Crime No.474/2014 and all further proceedings in C.C No.1078/2014 on the file of the Judicial First Class Magistrate Court, Mannarkkad, stand hereby quashed. Sd/- K. BABU JUDGE AMR Crl.M.C No.660 of 2023 6 APPENDIX OF CRL.MC 660/2023 PETITIONERS’ ANNEXURES Annexure A-1 CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 1078/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, MANNARKKAD, PALAKKAD DISTRICT.
Annexure A-2 A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT/ DE-FACTO COMPLAINANT/ PW-1. Annexure A-3 A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT/ PW-2.