Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 8TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 CRL.MC NO. 300 OF 2022 [CRIME NO.440/2020 OF VELLAMUNDA POLICE STATION, WAYANAD DISTRICT] PETITIONER/ACCUSED: XXXXX XXX BY ADV K.A.SALIL NARAYANAN RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.440/2020 OF VELLAMUNDA POLICE STATION, WAYANAD DISTRICT). 2 XXXXX X R2 BY ADV B.HARISH KUMAR OTHER PRESENT: SRI M P PRASANTH-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
ORDER
This Crl.M.C. has been preferred to quash Annexure A2 Final Report in Crime No.440 of 2020 of Vellamunda Police Station on the ground of settlement between the parties.
2. The petitioner is the accused. The 2nd respondent is the de facto complainant.
3. The offences alleged against the petitioner are under Sections 452, 354, 326, 352, 511 & 506(ii) of the IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
4. The de facto complainant is present before me. She submitted that the entire matter has been settled and she does not want to proceed with the matter further.
5. I have heard Sri.K.A.Salil Narayanan, the learned
counsel for the petitioner, Sri.B.Harish Kumar, the learned counsel for the 2nd respondent and Sri.M.P.Prasanth, the learned Public Prosecutor for the 1st respondent.
6. An affidavit sworn in by the 2nd respondent is produced. The averments in the petition as well as in the affidavit sworn in by the 2 nd respondent would show that the ..3.. entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the crime further.
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 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 A2 Final Report in Crime No.440 of 2020 of Vellamunda Police Station. The offences in question do not fall within the category of offences prohibited for compounding in terms of the ..4.. 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 A2 Final Report in Crime No.440 of 2020 of Vellamunda Police Station stands hereby quashed.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE skj ..5.. APPENDIX OF CRL.MC 300/2022 PETITIONER'S ANNEXURES:- Annexure A1 CERTIFIED COPY OF THE F I R IN CRIME NO.440/2020 OF VELLAMUNDA POLICE STATION, WAYANAD DISTRICT. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME 440/2020 OF VELLAMUNDA POLICE STATION, WAYANAD DISTRICT. Annexure A3 AFFIDAVIT SWORN TO BY THE SECOND RESPONDENT.