Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944 CRL.MC NO. 5800 OF 2022 CRIME NO.630/2014 OF Sakthikulangara Police Station, Kollam CC 2452/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM PETITIONERS/ACCUSED: 1 BERLIN, AGED 53 YEARS, S/O ANTONY, KALLIKATTETHOPPIL, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA P.O, KOLLAM. , PIN - 691003 2 HENOCK, AGED 27 YEARS, S/O BERLIN, KALLIKATTETHOPPIL, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA P.O , KOLLAM. , PIN - 691003 BY ADV SAJU J PANICKER RESPONDENTS/STATE/DEFACTO COMPLAINANT/CW2:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAMPIN - 2 ZEENA GEORGE, AGED 53 YEARS, D/O KARMELI, JAIN NIVAS, SAKTHIKULANGARA P.O, KOLLAM., PIN - 691003 3 GLEN GEORGE, AGED 28 YEARS, S/O GEORGE GERMANY, JAIN NIVAS, SAKTHIKULANGARA P.O, KOLLAM NOW WORKING AS CARE TAKER, TEL AVIV, MAKKAHIYIM 44, ISRAEL. 451523 SRI. P.G. MANU, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -:2:-
ORDER
Dated this the 2nd day of September, 2022 This Crl.M.C. has been preferred to quash Annexure A2 Final Report in C.C.No.2452/2014 on the file of the Judicial First Class Magistrate Court-II, Kollam on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 and 2. The 2 nd respondent is the defacto complainant and the 3 rd respondent is the injured.
3. The offences alleged against the petitioners are punishable under Sections 323, 324, 294(b) and 34 of IPC.
4. Affidavits sworn in by respondent Nos. 2 and 3 are produced.
5. I have heard Sri. Saju J. Panicker, the learned counsel for the petitioners Sri. P.G. Manu, the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in by the respondent Nos. 2 and 3 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
criminal proceedings 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 by 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 the 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 -:4:-
by quashing the proceedings pursuant to Annexure A2. 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 any further. Accordingly, the Crl.M.C. is allowed. Annexure A2 Final Report in C.C.No.2452/2014 on the file of the Judicial First Class Magistrate Court-II, Kollam hereby stands quashed.
Sd/- DR. KAUSER EDAPPAGATH JUDGE kp -:5:- APPENDIX OF CRL.MC 5800/2022 PETITIONER ANNEXURES AnnexureA1 THE TRUE COPY OF THE F.I.R IN CRIME NO. STATION, KOLLAM. AnnexureA2 THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 630/2014 OF SAKTHIKULANGARA POLICE STATION, KOLLAM. Annexure A3 THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT Annexure A4 THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT