Full Judgment
CRL.MC NO. 364 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 CRL.MC NO. 364 OF 2022 IN CC 399/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA CRIME NO.215/2021 OF VATAKARA POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 3:
1 BIBEESH, AGED 30 YEARS S/O.BABU, KALLAYINTAVIDA HOUSE, VELUTHAMALA, PALAYADNADA, PUTHUPPANAM, VATAKARA, KOZHIKODE-673 105. 2 PUSHPALATHA, AGED 55 YEARS W/O.BABU, KALLAYINTAVIDA HOUSE, VELUTHAMALA, PALAYADNADA, PUTHUPPANAM, VATAKARA, KOZHIKODE-673 105. 3 BIBISHA, AGED 32 YEARS W/O.ANEESH, PARAMBATH HOUSE, ATTAKUND BRIDGE, THURAYUR, PAYYOLI, KOZHIKODE-673 522. BY ADVS. GOKUL D. SUDHAKARAN VAISHNAV DATH S.
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. 2 THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATIN, VATAKARA, KOZHIKODE-673 508. 3 SNEHA.C.H., AGED 22 YEARS D/O.BABURAJ, CHALOTH HOUSE, CHANIYAMKADVU, VATAKARA, KOZHIKODE-673 541. BY ADV MRUDULA P.M SRI M P PRASANTH-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 364 OF 2022 2
O R D E R
This Crl.M.C. has been preferred to quash Annexure 1 Final Report in Crime No.215/2021 of Vatakara Police Station on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 to 3. The 3rd respondent is the de facto complainant.
3. The offences alleged against the petitioners are under Sections 498A and 406 r/w 34 of IPC.
4. The 3rd respondent entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri.Gokul D.Sudhakaran, the learned counsel for the petitioners, Smt.Mridula P.M, the learned counsel for the respondent No.3 and Sri.M.P.Prasanth, the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit
sworn in by the respondent No.3 would show that the entire dispute between the parties has been amicably settled and the de CRL.MC NO. 364 OF 2022 3 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 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 1. The CRL.MC NO. 364 OF 2022 4 offence in question does 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 1 Final Report in Crime No.215/2021 of Vatakara Police Station stands hereby quashed. Sd/- DR. KAUSER EDAPPAGATH JUDGE ab CRL.MC NO. 364 OF 2022 5 APPENDIX OF CRL.MC 364/2022 PETITIONER ANNEXURES Annexure I CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT IN CRIME NO.215/2021 OF VATAKRA POLICE STATION DATED 18.06.2021. Annexure II AFFIDAVIT OF THE 3RD RESPONDENT DATED 06.01.2022. RESPONDENTS ANNEXURES : NIL