Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 AGAINST THE ORDER/JUDGMENTCP 2/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR CRIME NO.851 OF 2022 OF KODUMON POLICE STATION PETITIONER/S: AMITHKUMAR @ KANNAN AGED 19 YEARS S/O PRAVEEN KUMAR, SUJA BHAVANAM, ERUTHWAKUNNU, BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON ABHISHEK JOHNSON RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER POLICE STATION OF ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523 3 RAJESH AGED 31 YEARS S/O RAJAPPAN, CHARUVILAYIL VEEDU, ERUTHWAKUNNU, 4 RAJAPPAN ..2.. AGED 56 YEARS S/O GOPALAN, CHARUVILAYIL VEEDU, ERUTHWAKUNNU, 5 SANTHA AGED 49 YEARS W/O RAJAPPAN, CHARUVILAYIL VEEDU, ERUTHWAKUNNU, OTHER PRESENT: PP SMT PUSHPALATHA M K, SRI ANSU VARGHESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3..
K.BABU, J.
-------------------------------------- Crl.M.C.No.3482 of 2023 --------------------------------------- Dated this the 1st day of June, 2023
ORDER
The prayer in this Crl.M.C. is to quash Annexure-A1 Final Report in Crime No. 851 of 2022 of Kodumon Police Station and all further proceedings in C.P.No.2 of 2023 on the file of the Judicial First Class Magistrate Court, Adoor, 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), 324, 308 and 506 of IPC.
4. Respondent Nos. 3 to 5 entered appearance through counsel. Affidavits sworn to by them have also been placed before this Court.
5. Heard Shri. Manu Ramachandran, the learned ..4.. counsel for the petitioner, the learned counsel for respondent Nos. 3 to 5 and the learned Public Prosecutor.
6. I have perused the averments in the petition and the affidavits sworn to by respondent Nos. 3 to 5.
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 of Punjab and Others [(2014) 6 SCC 466] and State ..5.. of Madhya Pradesh v. Laxmi 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 Singh (supra) and Laxmi Narayan (supra). ..6..
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. 851 of 2022 of Kodumon Police Station and all further proceedings in C.P.No.2 of 2023 on the file of the Judicial First Class Magistrate Court, Adoor stand hereby quashed. Sd/- K.BABU, JUDGE kkj ..7.. APPENDIX OF CRL.MC 3482/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.851/2022 OF KODUMON POLICE STATION, PATHANAMTHITTA DISTRICT WHICH IS PENDING AS C.P NO.2/2023 OF JFMC, ADOOR Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 03.04.2023 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED 03.04.2023 SWORN BY THE 4TH RESPONDENT/CW5 Annexure A4 THE ORIGINAL OF THE AFFIDAVIT DATED 03.04.2023 SWORN BY THE 5TH RESPONDENT/CW3