Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 AGAINST THE ORDER/JUDGMENT CC 1103/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,AMBALAPUZHA PETITIONER/ACCUSED: JOHN ALBIN AGED 29 YEARS S/O. ALBIN, VAVAKKAT HOUSE, KOMMADI WARD, ALAPPUZHA ., PIN - 688007 BY ADV MANU ROY RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 ANNA VARGHESE @ MINI AGED 36 YEARS W/O. SAJI @ VARGHESE, VALIYAVEETTIL HOUSE, PATHIRAPPALLY P.O, ALAPPUZHA ., PIN - 688521 PP-SRI.N.R.SANGEETHA RAJ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.BABU, J.
-------------------------------------- Crl.M.C.No.5048 of 2023 --------------------------------------- Dated this the 25th day of August, 2023
ORDER
The prayer in this Crl.M.C. is to quash Annexure A1 FIR and Annexure A2 Final Report in Crime No.40/2019 of Vanitha Police Station, Alappuzha and all further proceedings in C.C.No.1103/2019 on the file of the Judicial First Class Magistrate Court, Ambalapuzha, 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 354-D & 506(i) of IPC.
4. Respondent No.2, the defacto complainant entered appearance through counsel. An affidavit sworn to by her has also been placed before this Court.
5. Heard both sides.
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 the 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. 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).
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 FIR and Annexure A2 Final report in Crime No.40/2019 of Vanitha Police Station, Alappuzha and all further proceedings in C.C.No. 1103/2019 on the file of the
Judicial First Class Magistrate Court, Ambalapuzha stand hereby quashed. Sd/- K.BABU, JUDGE sah APPENDIX OF CRL.MC 5048/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO: POLICE STATION, ALAPPUZHA Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED 08-08-2019 IN C.C NO: 1103/19 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, AMBALAPUZHA Annexure A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT