Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 CRL.MC NO. 430 OF 2021 Crime No.1456/2019 of Thodupuzha Police Station PETITIONERS/ACCUSED: 1 SHIBU AGED 37 YEARS S/O. SEBASTIAN, INCHANAL HOUSE, IDIVANNA, 2 SEBASTIAN AGED 60 YEARS S/O. JOSEPH, INCHANAL HOUSE, IDIVANNA, 3 BRIJITHA AGED 57 YEARS W/O. SEBASTIAN, INCHANAL HOUSE, IDIVANNA, BY ADV DOMSON J.VATTAKUZHY RESPONDENTS/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 ANJU RANI GEORGE D/O. GEORGE JOSEPH, CHAMAKKALAYIL, OLAMATTOM, THODUPUZHA, IDUKKI DISTRICT. R2 BY ADVS.BABY THOMAS GEORGE T.J R1 BY SRI M P PRASANTH- Public Prosecutor THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
ORDER
This Crl.M.C. has been preferred to quash Annexure B FIR in Crime No.1456 of 2019 of Thodupuzha Police Station.
2. The petitioners are the accused Nos.1 to 3. The 2nd respondent is the de facto complainant.
3. The offences alleged against the petitioners are under Sections 294(b), 323, 324, 498A and 506(ii) read with Section 34 of the IPC.
4. Now the matter has been settled between the parties. The respondent No.2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri.Domson J.Vattakuzhy, the learned
counsel for the petitioners, Sri.Baby Thomas, the learned counsel for the respondent No.2 and Sri.M.P.Prasanth, the learned Public Prosecutor for the respondent No.1.
6. The averments in the petition as well as the affidavit
sworn in by the respondent No.2 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 ..3.. 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 B FIR in Crime No.1456 of 2019 of Thodupuzha Police Station. ..4.. 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 B FIR in Crime No.1456 of 2019 of Thodupuzha Police Station stands hereby quashed.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE skj ..5.. APPENDIX OF CRL.MC 430/2021 PETITIONERS' ANNEXURES ANNEXURE A TRUE COPY OF THE PRIVATE COMPLAINT MOVED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL MAGISTRATE COURT, THODUPUZHA. ANNEXURE B A TRUE COPY OF THE FIR IN CRIME NO.1456/2019 FILED BY THE THODUPUZHA POLICE STATION. ANNEXURE C A TRUE COPY OF THE OP(DIVORCE) NO.403/2019 FILED BEFORE THE FAMILY COURT, THODUPUZHA.