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. 1071 OF 2023 AGAINST THE ORDER/JUDGMENTCC 805/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD CRIME NO.804 OF 2022 OF NEDUMANGAD POLICE STATION PETITIONER/S: 1 XXXXXXXXXX 2 XXXXXXXXXX BY ADV S.NIKHIL SANKAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 2 XXXXXXXXXX 3 XXXXXXXXXX BY PUBLIC PROSECUTOR SMT M K PUSHPA LETHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
K.BABU, J.
-------------------------------------- --------------------------------------- Dated this the 27th day of February, 2023
ORDER
The prayer in this Crl.M.C. is to quash Annexure-1 Final Report in Crime No. 804 of 2022 of Nedumangad Police Station and all further proceedings in C.P. No.163 of 2022 (C.C.No.805/2022) on the file of the Judicial First Class Magistre Court -II, Nedumangad, on the ground that the parties have arrived at a settlement in respect of the subject matter.
2. The petitioners are accused Nos. 1 and 2.
3. The offences alleged against the petitioners are punishable under Sections 498-A, 323, 324, 201 and 34 of IPC and Section 75 of the Juvenile Justice Act.
4. Respondents 2 and 3 entered appearance through counsel. Affidavits sworn to by them have also been ..3.. placed before the Court.
5. Heard Shri. Nikhil Sankar, the learned counsel for the petitioners, the learned counsel for respondents 2 and 3 and the learned Public Prosecutor.
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, 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) ..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.
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 ..5.. 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-1
Final Report in Crime No. 804 of 2022 of Nedumangad Police Station and all further proceedings in C.P. No.163 of 2022 (C.C.No.805/2022) on the file of the Judicial First Class Magistre Court-II, Nedumangad, stand hereby quashed.
Sd/- K.BABU, JUDGE kkj ..6.. APPENDIX OF CRL.MC 1071/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FINAL REPORT IN C.P.NO.163/2022 (CC NO.805/2022)OF HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD Annexure A2 ORIGINAL AFFIDAVIT DULY ATTESTED BY THE NOTARY OF THE 2ND RESPONDENT DATED Annexure A3 ORIGINAL AFFIDAVIT DULY ATTESTED BY THE NOTARY OF THE 3RD RESPONDENT MINOR REPRESENTED BY HER MOTHER DATED