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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
Muahammad Kunhi Kandathil – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
Easwaran S., J.
The petitioners are accused Nos.1 to 5 in Crime No.31 of 2024 of Payyannur Police Station, Kannur and pending in C.C No.862/2024 on the files of the Judicial First Class Magistrate’s Court, Payyannur, for offences punishable under Sections 498-A and 34 of IPC.
2. Pending trial of the offences, the petitioners 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 she has no objection in this Court quashing the proceedings against the petitioners.
3. When the matter came up for consideration before this Court on 01.04.2025, 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 procedur
Even non-compoundable offences can be quashed if the settlement is genuine and voluntary, preventing abuse of the court process.
The court may quash non-compoundable offences if a genuine and voluntary settlement exists, preventing abuse of 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 can quash proceedings for non-compoundable offences if a genuine and voluntary settlement exists, preventing 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 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 if a genuine and voluntary settlement exists between the parties, even for serious offences, to prevent abuse of process.
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 parties reach a genuine settlement, especially in non-compoundable offences, to prevent abuse of process.
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