Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 CRL.MC NO. 2788 OF 2023 CRIME NO.998/2021 OF Chavakkad Police Station, Thrissur AGAINST THE ORDER/JUDGMENTCC 1383/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD PETITIONERS/ACCUSED 1 TO 4:
1 SHIYAS AGED 29 YEARS S/O BAKKER VARANADU PANDARI HOUSE, MADU P.O., 2 RUKKIYA AGED 55 YEARS W/O BAKKER VARANADU PANDARI HOUSE, MADU P.0., 3 SHAMLA AGED 37 YEARS W/O NOORUDHEEN, VARANADU PANDARI HOUSE, MADU P.O 4 SAJNA AGED 35 YEARS W/O NISHAD VARANADU PANDARI HOUSE, MADU P.O., BY ADVS. RAJESH SIVARAMANKUTTY L.K.RAJAGOPAL
RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 ]ASEENA W/O SHIYAS PANIKKAVEEDU HOUSE, PAVARATTY DESOM PAVARATTY POST THRISSUR DISTRICT, PIN - 680507 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 28th day of April, 2023 This Crl.M.C. has been preferred to quash Annexure B Final Report in C.C.No.1383 of 2021 on the ground of settlement between the parties.
2. The petitioners are accused 1 to 4 in C.C.No.1383 of
2021. The 2nd respondent is the defacto complainant.
3. The offence alleged against the petitioners are punishable under Sections 406, 420 and 498 A of the IPC.
4. The respondent No.2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. Rajesh Sivaramankutty, the learned counsel for the petitioners, Sri.Prathyush Choondalath, the learned counsel for the respondent No.2 and Smt.Seena C., the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit
sworn in by the respondent No.2 would show that the entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the criminal proceedings further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the investigating officer and a statement of the de facto complainant was also recorded wherein she reported that the matter was amicably settled.
7. The Apex Court 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 in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of the case or to ensure ends of justice or to prevent abuse of process of any Court.
8. The dispute in the above case is purely personal in
nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure B. The offences in question do not fall within the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra). For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the Crl.M.C. is allowed and the entire proceedings as against the petitioners herein in C.C. No.1383 of 2021 on the files of the Judicial First Class Magistrate, Chavakkad which arises out of Crime No.998 of 2021 of Chavakkad Police Station, stands quashed under Section 482 Cr.P.C. Sd/- BASANT BALAJI JUDGE SSK/28/04 APPENDIX PETITIONER ANNEXURES Annexure A AFFIDAVIT CERTIFIED COPY OF THE PRIVATE
COMPLAINT DATED 10-8-2021 AND FIR IN CRIME NO. 998/2021 OF CHAVAKKAD POLICE STATION DATED 11-8-2021. Annexure B CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO.1383/2021 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD, DATED 8.10.2022 Annexure C CERTIFIED COPY OF THE MEDIATION AGREEMENT ENTERED ON 29-9-2022 IN M.C. NO. 53/2021 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD Annexure D SWORN AFFIDAVIT OF THE 2ND RESPONDENT DATED 11-3-2023 ANNEXURE A5 THE TRUE COPY OF THE WEDDING CARD OF THE PETITIONER AND THE 3RD RESPONDENT ANNEXURE A6 THE TRUE COPY OF THE AFFIDAVIT SIGNED BY THE 3RD RESPONDENT/DE FACTO COMPLAINANT ON 25.01.2021. RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE