The court can quash proceedings for non-compoundable offences if a genuine and voluntary settlement exists, preventing abuse of process.

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 down by the Supreme Court in Narinder Singh Vs State of Punjab (2014) 6 SCC 466. Still further, in Gian Singh VS State of Punjab (2012) 10 SCC 303, the Supreme Court affirmed the view expressed by five bench of the Punjab High Court in Kulwinder Singh Vs State of Punjab (2007) 4 CTC 769 wherein it was held that even offences against human body could be compounded if the settlement entered is genuine and voluntary.

5. In Madan Mohan Abbot Vs State of Punjab (2008)4 SCC 582, the Supreme Court once again reiterated that the offence involving personal injuries should be allowed to be compounded keeping in mind the fact that even on completion of trial there will be no possibility of conviction.

6. In this case this court finds that offence under Section 420 is compoundable, whereas the offences under Section 465, 468 and 471 of IPC are not compoundable. However, taking note of the submission of the Learned Counsel for the parties and the Public Prosecutor, and also the affidavit filed on behalf of the de facto complainant, and also since the de facto complainant have given statement before the Station House officer that the affidavit sworn to by them are voluntary and genuine, this Court is of the considered view that there will be no useful purpose served in proceeding with the trial of the case inasmuch as there is no possibility of the trial ending in conviction of the accused and that the entire process will be abuse of process of the court.

7. In view of the above, this Court is satisfied that it is a fit case where the case against the petitioner requires to be quashed, in exercise of the inherent powers of this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023. Accordingly, this Crl.M.C is allowed and all further proceedings in Crime No 191 of 2024 of Dharmadam Police Station, Kannur is hereby quashed.

Crl. M.C ordered accordingly.