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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. JAYAKUMAR, J
Gokul Chandran – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent
ORDER :
K. V. Jayakumar, J.
This petition is filed invoking the powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘BNSS’).
2. The petitioner herein is the accused No.2 in Crime No.721 of 2023 of the Balaramapuram Police station, Thiruvananthapuram registered for the offences punishable under Sections 294(b), 506(1), 341, 323 r/w Section 34 of the Indian Penal Code, 1860.
3. The prosecution allegation, as borne out from the records, are as under:
The prosecution allegation is that, on 29.04.2023 around 09:30 p.m., owing to mistaken belief that the de-facto complainant's husband had reported their prior public consumption of alcohol to the police, the accused persons abused and threatened them in front of their house and returned in a motorcycle bearing registration No. KL 20 P 8663. Thereafter, at about 10:30p.m., the accused persons came back in the said motorcycle and abused in front of their house. While so, when the husband of the de-facto complainant came out from his house, the 1st accused abused him and kicked him on his left hip and he fell onto the floor. Thereafter, the 1st accused caught hold of his face and hit him on his right shoul
The court can quash criminal proceedings for non-compoundable offenses of a private nature when the parties have settled their disputes, provided it does not adversely impact society.
The court can quash criminal proceedings for non-compoundable offences of a private nature based on amicable settlement, provided it does not adversely impact society.
The court established that inherent powers under Section 482 may be utilized to quash non-compoundable offenses that are non-serious and have been amicably resolved.
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