Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Praveen V vs State of Kerala Represented by the Public Prosecutor High Court of Kerala

Praveen V vs State of Kerala Represented by the Public Prosecutor High Court of Kerala

Type Court Judgment Court Kerala Decided Feb 27, 2023
~4 min read
https://sooperkanoon.com/case/1336928

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/1060/2023

Parties & Advocates

Appellant / Petitioner

Praveen V

Respondent

State of Kerala Represented by the Public Prosecutor High Court of Kerala

Excerpt

.....have arrived at a settlement in respect of the subject matter.2. the petitioners are accused nos. 1 to 4.3. the offences alleged against the petitioners are punishable under sections 323, 406, 420, 506 and 498a of the ipc.4. respondent no.3, the defacto complainant entered appearance through counsel. an affidavit sworn to by her has also been placed before the court.5. heard m. rajesh, the learned counsel for the petitioners, the learned counsel for respondent no.3 and ..4.. the learned public prosecutor.6. i have perused the averments in the petition and the affidavit sworn to by respondent no.3.7. the learned public prosecutor, on instructions,submitted that the matter was enquired into through the investigating officer, who has taken statement of the defacto complainant, 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 victim agreed to settle the matter with her 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 ..5.. [(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 personalin nature. there is nothing to show that public interest.....

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. 1060 OF 2023 AGAINST THE ORDER/JUDGMENTCC 615/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA PETITIONER/S:

1 PRAVEEN V AGED 31 YEARS S/O HARIDASAN PAVITHRAM HOUSE KAIRALI NAGAR, DPO ROAD MALAPPURAM PO, PIN - 676505 2 HARIDASAN VILLODI AGED 66 YEARS PAVITHRAM HOUSE KAIRALI NAGAR, DPO ROAD, MALAPPURAM PO, PIN - 676505 3 INDIRA VP AGED 58 YEARS W/O HARIDASAN VILLODI PAVITHRAM HOUSE KAIRALI NAGAR, DPO ROAD, MALAPPURAM PO, PIN - 676505 4 JIJI HARIDAS AGED 33 YEARS D/O HARIDASAN VILLODI, PAVITHRAM HOUSE KAIRALI NAGAR, DPO ROAD, MALAPPURAM PO, PIN - 676505 BY ADV M.RAJESH

RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE SUB INSPECTOR OF POLICE CHAVARA POLICE STATION CHAVARA PO KOLLAM DISTRICT, PIN - 691583 3 KALYANI VASANTH AGED 31 YEARS D/O VASANTH KUMAR PERUMANA VADAKKUMTHALA EAST ..2.. PO, KARUNAGAPPALLY TALUK KOLLAM (DIST), PIN - 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.

-------------------------------------- Crl.M.C.No.1060 of 2023 --------------------------------------- Dated this the 27th day of February, 2023

ORDER

The prayer in this Crl.M.C. is to quash all further proceedings in C.C.No.615 of 2021 on the file of the Judicial First Class Maigstrate Court, Chavara, on the ground that the parties have arrived at a settlement in respect of the subject matter.

2. The petitioners are accused Nos. 1 to 4.

3. The offences alleged against the petitioners are punishable under Sections 323, 406, 420, 506 and 498A of the IPC.

4. Respondent No.3, the defacto complainant entered appearance through counsel. An affidavit sworn to by her has also been placed before the Court.

5. Heard M. Rajesh, the learned counsel for the petitioners, the learned counsel for respondent No.3 and ..4.. the learned Public Prosecutor.

6. I have perused the averments in the petition and the affidavit sworn to by respondent No.3.

7. The learned Public Prosecutor, on instructions,

submitted that the matter was enquired into through the Investigating Officer, who has taken statement of the defacto complainant, 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 victim agreed to settle the matter with her 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 ..5.. [(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 Singh (supra) and Lakshmi Narayan (supra).

11. This Court is of the view that no purpose will be

..6.. served in proceeding with the matter further. Resultantly, the Crl.M.C is allowed. All further proceedings in C.C.No.615 of 2021 on the file of the Judicial First Class Maigstrate Court, Chavara, stand hereby quashed. Sd/- K.BABU, JUDGE kkj ..7.. APPENDIX OF CRL.MC 1060/2023 PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE PRIVATE

COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE HON'BLE JFMC, CHAVARA WHICH IS NOW PENDING ON THE FILES OF THE COURT AS CC NO. 615/2021 Annexure2 AN AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 01.02.2023

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial