Surendran vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1359903
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Jun 01, 2023
Case Number: Crl.MC/3753/2023

Parties & Advocates

Appellant / Petitioner

Surendran

Respondent

State of Kerala

Excerpt

.....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 294(b), 323, 341, 354 and 506 r/w section 34 of ipc.4. rrespondent no.2, the defacto complainant entered appearance through counsel. an affidavit sworn to by her has also been placed before the court.5. heard shri. p.k. subhash, the learned counsel for ..3.. the petitioners, the learned counsel for respondent no.2 and the learned public prosecutor.6. i have perused the averments in the petition and the affidavit sworn to by respondent no.2.7. 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 disputebetween 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 ..4..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 personalin nature. there is nothing to show that public.....

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 CRL.MC NO. 3753 OF 2023 AGAINST THE ORDER/JUDGMENTCC 469/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG CRIME NO.732 OF 2022 OF NILESWAR POLICE STATION PETITIONER/S: 1 SURENDRAN AGED 58 YEARS THUNDATHIL HOUSE, BENGALAM, MADIKAI VILLAGE, KASARAGOD, PIN - 671314 2 NANDAKUMAR T.S AGED 26 YEARS THUNDATHIL HOUSE, BENGALAM, MADIKAI VILLAGE, KASARAGOD, PIN - 671314 BY ADVS. P.K.SUBHASH DANIC ANTONY RAVEENA K.R. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 PRIYA V.V KAVUMTHATTUMMAL HOUSE, KAKKAT, MADIKAI VILLAGE, NEELESWARAM, KASARAGOD, PIN - 671314 OTHER PRESENT: PP SMT PUSHPALATHA M K THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
K.BABU, J.
-------------------------------------- --------------------------------------- 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.732 of 2022 of Neeleswaram Police Station and all further proceedings in C.C.No.469 of 2023 on the file of the Judicial First Class Magistrate Court-II, Hosdurg, 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 294(b), 323, 341, 354 and 506 r/w Section 34 of IPC.

4. Rrespondent No.2, the defacto complainant entered appearance through counsel. An affidavit sworn to by her has also been placed before the Court.

5. Heard Shri. P.K. Subhash, the learned counsel for ..3.. the petitioners, the learned counsel for respondent No.2 and the learned Public Prosecutor.

6. I have perused the averments in the petition and the affidavit sworn to by respondent No.2.

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 ..4..

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). ..5..

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.732 of 2022 of Neeleswaram Police Station and all further proceedings in C.C.No.469 of 2023 on the file of the Judicial First Class Magistrate Court-II, Hosdurg, stand hereby quashed. Sd/- K.BABU, JUDGE kkj ..6.. APPENDIX OF CRL.MC 3753/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.732 OF 2022 OF NEELESWARAM POLICE STATION, KASARAGOD DISTRICT Annexure2 TRUE COPY OF THE AFFIDAVIT DATED 20.04.2023 SWORN TO BY THE RESPONDENT NO. 2 ENDORSING THE FACTUM OF COMPOUNDING OF THE ABOVE SAID OFFENCES AND THE SETTLEMENT OF DISPUTES BETWEEN THE PARTIES

Same Court & Year Kerala · 2023 Same Parties Surendran vs State of Kerala Same Judge Honourable Mr.Justice K. Babu