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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
Sidharth P. – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
Key Points: - The court can quash non-compoundable offences if there is a genuine and voluntary settlement, to prevent abuse of process (!) (!) (!) - Offence under Section 420 IPC is considered compoundable, while offences under Sections 465, 468, and 471 IPC are not compoundable, yet quashing is possible where settlement is genuine and no likelihood of conviction (!) - The decision relies on Narinder Singh v State of Punjab, Gian Singh v State of Punjab, and related precedents establishing inherent powers under Section 482 CrPC to quash proceedings in such contexts (!) (!) - The de facto complainant’s affidavit confirming the amicable settlement and its genuineness, validated by the Public Prosecutor, supports quashing (!) (!) - The court quashed all further proceedings in Crime No 191 of 2024, Dharmadam Police Station, Kannur, pursuant to Crl.M.C allowed (!)
ORDER :
Easwaran S., J.
The petitioner is the accused in Crime No.191 of 2024 of Dharmadam Police Station, Kannur, for offences punishable under Sections 420, 465, 468 and 471 of the Indian Penal Code, 1860.
2. Pending trial of the offences, the petitioner as well as the de facto complainant have entered into a settlement out of court and settled the disputes. The de facto complainant accordingly has sworn to an affidavit stating that the matter has been amicably settled and that he has no objection in this Court quashing the proceedings against the petitioner.
3. When the matter came up for consideration before this Court on 28.03.2025, the learned Public Prosecutor was required to obtain instructions on the veracity of the affidavit filed by the de facto complainant. Today, when the matter is taken up for consideration, the learned Public Prosecutor reported that the affidavit sworn to by the de facto complainant is genuine and that the issues have been settled between the parties.
4. The guidelines as regards the circumstances warranting exercise of power under Section 482 of the Code of Criminal procedure 1973, for quashing offences which are non compoundable were succinctly laid do
The court can quash proceedings for non-compoundable offences if a genuine and voluntary settlement exists, preventing abuse of process.
The court may quash non-compoundable offences if a genuine and voluntary settlement exists, preventing abuse of process.
Even non-compoundable offences can be quashed if the settlement is genuine and voluntary, preventing abuse of the court process.
Genuine settlements can lead to quashing of non-compoundable offences under inherent powers of the court when the trial is unlikely to result in conviction.
The court may quash criminal proceedings if a genuine and voluntary settlement exists between the parties, even for serious offences, to prevent abuse of process.
The court emphasized that in personal disputes, voluntary and fair settlements should be accepted to avoid unnecessary litigation, allowing quashment of proceedings under Section 482 of the Criminal ....
The court emphasized the acceptance of voluntary settlements in personal disputes, allowing quashment of criminal proceedings under Section 482 when further prosecution would be an abuse of process.
The court may quash criminal proceedings under Section 482 when a genuine settlement exists between parties, even for serious offences, to prevent abuse of process.
The court may quash criminal proceedings under Section 482 when parties reach a genuine settlement, especially in non-compoundable offences, to prevent abuse of process.
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