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Anil Babu vs State of Kerala

Anil Babu vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 01, 2023
~4 min read
https://sooperkanoon.com/case/1399237

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/8064/2022

Parties & Advocates

Appellant / Petitioner

Anil Babu

Respondent

State of Kerala

Excerpt

.....under sections 506(i), 294(b) read with section 34 of ipc, section 3 read with section 17 of the kerala money-lenders act, 1958 and section 9 of the kerala prohibition of charging exorbitant interest act, 2012.4. respondent no.2, the defacto complainant entered appearance through counsel. an affidavit sworn to by her has also been placed before the 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, submittedthat 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 amicablysettled. 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. 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 barunder section 320 of cr.p.c., if it is warranted in the given factsand 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 innature. 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.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 CRL.MC NO. 8064 OF 2022 AGAINST CC 186/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA PETITIONERS/ACCUSED: 1 ANIL BABU, AGED 36 YEARS, S/O LATE. HAMEED HAJI, ANNIEKATTIL HOUSE, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT., PIN - 679357 2 KUPPODAN HAMSA @ HAMSAPPA, AGED 60 YEARS, S/O KUNJUNNI, BIDATHI, PERINTHALMANNA, MALAPPURAM DISTRICT., PIN - 679322 BY ADV P.SAMSUDIN RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SHAKKEELA, AGED 33 YEARS, W/O SAKKEER, PAVUTTAN HOUSE, MARUTHALA P.O., THAZHEKKOD VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT., PIN - 679325 BY ADV SRI.G.SUDHEER, PUBLIC PROSECUTOR, SRI.MILAN RACHEL MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.BABU, J.

-------------------------------------- --------------------------------------- Dated this the 1st day of February, 2023

ORDER

The prayer in this Crl.M.C. is to quash all further proceedings in CC No.186/2017 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna pursuant to Annexure A1 FIR and Annexure A2 Final Report in Crime No.892/2015 of Perinthalmanna Police Station, 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 506(i), 294(b) read with Section 34 of IPC, Section 3 read with Section 17 of the Kerala Money-Lenders Act, 1958 and Section 9 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012.

4. Respondent No.2, the defacto complainant entered appearance through counsel. An affidavit sworn to by her has also been placed before the 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 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. 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 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 A1 FIR and

Annexure A2 Final Report in Crime No.892/2015 of Perinthalmanna Police Station and all further proceedings in C.C.No.186/2017 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna stand hereby quashed.

Sd/- K.BABU, JUDGE KAS APPENDIX OF CRL.MC 8064/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR AND COMPLAINT IN CRIME NO. 892/2015 OF PERINTHALMANNA POLICE STATION. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 892/2015 OF PERINTHALMANN POLICE STATION Annexure A3 THE ORIGINAL AFFIDAVIT DATED 11-02-2022 SWORN IN BY THE 2ND RESPONDENT

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