Shijin vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 16, 2022

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Citation: sooperkanoon.com/1441461
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Feb 16, 2022
Case Number: Crl.MC/197/2022

Parties & Advocates

Appellant / Petitioner

Shijin

Respondent

State of Kerala

Excerpt

.....r d e rthis crl.m.c. has been preferred to quash annexure a final report in crime no.1593/2015 of kallambalam police station on the ground of settlement between the parties.2. the petitioners are the accused nos.1 to 5. the 2nd respondent is the de facto complainant and the 3rd respondent is the injured.3. the offences alleged against the petitioners are under sections 143, 147, 148, 294(b), 323, 324, 452, 354b and 427 r/w 149 of ipc.4. the respondent nos.2 and 3 entered appearance through counsel. the affidavits sworn in by them are also produced.5. i have heard sri.shajin s.hameed, the learned counselfor the petitioners, sri.a.k.rajesh, the learned counsel for the respondent nos.2 and 3 and smt.t.v.neema, the learned senior public prosecutor. crl.mc no. 197 of 2022 46. the averments in the petition as well as the affidavitsworn in by the respondent nos.2 and 3 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 crime 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] hasheld that the high court invoking s.482 of cr.p.c can quashcriminal 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 crl.mc no. 197 of 2022 5 ends of justice or to prevent abuse of process of any court.8. the dispute in the above case is purely personal innature. no public interest or harmony will be.....

Full Judgment

CRL.MC NO. 197 OF 2022 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 CRL.MC NO. 197 OF 2022 CRIME NO.1593/2015 OF Kallambalam Police Station, Thiruvananthapuram IN CC 1351/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ATTINGAL (TEMPORARY) PETITIONERS/ACCUSED NOS.1 TO 5:

1 SHIJIN AGED 41 YEARS S/O. SHAJI, SHAIJU NIVAS, (SHARA NIVAS), KULATHINKARA, NJEKKADU DESOM, CHEMMARUTHI VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT. 2 MITHUN AGED 31 YEARS S/O. MATHUSOODHANAN, VILAYIL VEETIL, NEAR ALUMOODU JUNCTION, NAVIKULAM VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT. 3 AKHIL AGED 26 YEARS S/O. SUKU, PUTHUVALAVILA HOUSE, NEAR RAJADHANI COLLEGE, NEDUMPARAMBU, NAGAROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 4 VINEETH AGED 34 YEARS S/O. VIDHYADHARAN PILLAI, KALPAZHIYIL HOUSE, NEAR CHEMMARUTHI PANCHAYAT OFFICE, PAYARA DESOM, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT. 5 ARUN RAJ,AGED 30 YEARS S/O. RAJENDRAN, ASHWATHY BHAVAN, KALAICODE, PANAPPADAMKUNNU, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PRESENTLY RESIDING AT M.N. MONEY LAND, NEAR MUTHANA SIVA TEMPLE, MUTHANA DESOM, CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM DISTRICT.

BY ADV SHAJIN S.HAMEED CRL.MC NO. 197 OF 2022 2 RESPONDENTS/STATE:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 BINDHU AGED 42 YEARS D/O. RADHA, PANAYIL VEEDU, NJEKKADU DESOM, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695146. 3 BHADRAN AGED 70 YEARS S/O. KUNJAN, PANAYIL VEEDU, NJEKKADU DESOM, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695146.

R1 BY SMT.T.V.NEEMA - SR.PP R2 & R3 BY ADV A.K.RAJESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 197 OF 2022 3

O R D E R

This Crl.M.C. has been preferred to quash Annexure A Final Report in Crime No.1593/2015 of Kallambalam Police Station on the ground of settlement between the parties.

2. The petitioners are the accused Nos.1 to 5. The 2nd respondent is the de facto complainant and the 3rd respondent is the injured.

3. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 323, 324, 452, 354B and 427 r/w 149 of IPC.

4. The respondent Nos.2 and 3 entered appearance through counsel. The affidavits sworn in by them are also produced.

5. I have heard Sri.Shajin S.Hameed, the learned counsel

for the petitioners, Sri.A.K.Rajesh, the learned counsel for the respondent Nos.2 and 3 and Smt.T.V.Neema, the learned Senior Public Prosecutor. CRL.MC NO. 197 OF 2022 4

6. The averments in the petition as well as the affidavit

sworn in by the respondent Nos.2 and 3 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 crime 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 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 CRL.MC NO. 197 OF 2022 5 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 A Final Report. 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 further. Accordingly, the Crl.M.C. is allowed. Annexure A Final Report in Crime No.1593/2015 of Kallambalam Police Station stands hereby quashed. Sd/- DR. KAUSER EDAPPAGATH JUDGE ab CRL.MC NO. 197 OF 2022 6 APPENDIX OF CRL.MC 197/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1593/2015 OF KALLAMBALAM POLICE STATION. Annexure B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1. Annexure C AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT/CW2. RESPONDENTS ANNEXURES : NIL

Same Court & Year Kerala · 2022 Same Parties Shijin vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath