Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 27TH DAY OF FEBRUARY 2023 / 8TH PHALGUNA, CRL.MC NO. 1045 OF 2023 AGAINST THE ORDER/JUDGMENTCC 3114/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD CRIME NO.1534/2021 OF PANGODE POLICE STATION PETITIONER/ACCUSED: ASLAM SHA AGED 20 YEARS S/O MUBEENA, BISMI MANZIL, KURUMBAYAM P.O., KALLARA VILLAGE NEDUMANGAD TALUK, THIRUVANATHAPURAM,, PIN - 695608 BY ADV C.S.SUMESH RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 APPUKUTTAN ASSARI @ S.A. KUTTAN AGED 68 YEARS S/O SHANMUKHAN ASSARI, RESIDING AT S.A BHAVAN, NEAR KURUMBAYAM LPS, KURUMBAYAM P.O., KALLARA VILLAGE, THIRUVANATHAPURAM, KERALA,, PIN - 3 SHEEJA AGED 42 YEARS W/O APPUKUTTAN ASSARI @S.A. KUTTAN, RESIDING AT S.A BHAVAN, NEAR KURUMBAYAM LPS, KURUMBAYAM P.O, KALLARA VILLAGE, THIRUVANATHAPURAM, KERALA,, PIN - 695608 4 POOJA AGED 19 YEARS D/O APPUKUTTAN ASSARI @S.A. KUTTAN,RESIDING AT S.A BHAVAN, NEAR KURUMBAYAM LPS, KURUMBAYAM ..2..
P.O, KALLARA VILLAGE, THIRUVANATHAPURAM, KERALA,, PIN - 695608 R2 TO R4 BY ADV G.HARIPRASAD R1 BY SMT M.K. PUSHPALETHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3..
K.BABU, J.
-------------------------------------- --------------------------------------- Dated this the 27th day of February, 2023
ORDER
The prayer in this Crl.M.C. is to quash Annexure-A1 Final Report in Crime No. 1534 of 2021 of Pangode Police Station and all further proceedings in C.C.No.3114 of 2021 on the file of the Judicial First Class Magistrate Court-II, Nedumangad, 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 petitioner are punishable under Sections 447, 294(b) and 506(1) of IPC.
4. Respondent Nos. 2 to 4 entered appearance through counsel. Affidavits sworn to by them have also been placed before the Court.
5. Heard Shri. Sumesh Chakkadath Subramanian, ..4.. the learned counsel for the petitioner, the learned counsel for respondent Nos. 2 to 4 and the learned Public Prosecutor.
6. I have perused the averments in the petition and the affidavits sworn to by respondent Nos. 2 to 4.
7. The learned Public Prosecutor, on instructions,
submitted that the matter was enquired into through the Investigating Officer, 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 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 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 ..5.. 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.
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 ..6.. 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. 1534 of 2021 of Pangode Police Station and all further proceedings in C.C.No.3114 of 2021 on the file of the Judicial First Class Magistrate Court-II, Nedumangad, stand hereby quashed. Sd/- K.BABU, JUDGE kkj ..7.. APPENDIX OF CRL.MC 1045/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FINAL REPORT DATED
PANGODE POLICE STATION, THIRUVANATHAPURAM RURAL FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANAGAD Annexure A2 ORIGINAL AFFIDAVIT DATED 31/01/2023 SWORN BY 2ND RESPONDENT/DE-FACTO COMPLAINANT/CW1 Annexure A3 ORIGINAL AFFIDAVIT DATED 31/01/2023 SWORN BY 3RD RESPONDENT/CW2 Annexure A4 ORIGINAL AFFIDAVIT DATED 31/01/2023 SWORN BY 4TH RESPONDENT/CW3