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2022 Supreme(Online)(KER) 34505
HIGH COURT OF KERALA
Kauser Edappagath, J
SAJU JOSEPH
– Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 9079 2022
ASWINI SANKAR, R.S.T.RAMPRASAD UNNI, S.M.PRASANTH, T.H.ARAVIND
The court can invoke S.482 of Cr.P.C. to quash proceedings in non-compoundable offences when there is an amicable settlement between the parties.
Headnote:
Criminal - Quashing of Proceedings - Indian Penal Code, Sections 498A r/w 34 - The court referred to S.482 of Cr.P.C. allowing quashing of criminal proceedings in non-compoundable offences based on settlement, establishing that personal disputes can influence the juridical process.
Fact of the Case:
The accused filed a plea to quash the final report in a case involving allegations under Sections 498A of the IPC, citing an amicable settlement with the complainant who no longer wished to pursue the case.
Finding of the Court:
The court found that the dispute was personal and that no public interest would be harmed by quashing the proceedings, given that both parties had settled the matter amicably.
Issues: Whether the High Court can quash criminal proceedings in a non-compoundable offence where the parties have settled the dispute.
Ratio Decidendi: The court relied on precedent establishing that personal disputes can be settled amicably, thus warranting the quashing of proceedings to do justice and prevent abuse of the judicial process.
Final Decision: Crl.M.C. is allowed and the proceedings quashed.
O R D E R
This Crl.M.C. has been preferred to quash Annexure-C Final Report in CC.No.243 of 2016 of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam, on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 and 2. The 2nd respondent is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 498A r/w 34 of the Indian Penal Code .
4. The affidavit sworn in by the 2nd respondent is also produced.
5. I have heard Smt.Aswini Sankar R.S., the learned counsel for the petitioners and Smt. T.V.Neema, the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in by the 2nd respondent would show that the 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 inGian 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 by quashing the proceedings pursuant to Annexure-C. 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-C Final Report in CC.No.243 of 2016 of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam hereby stands quashed.
DR.KAUSER EDAPPAGATH, JUDGE
APPENDIX OF CRL.MC 9079/2022 PETITIONERS' ANNEXURES:
ANNEXURE-A TRUE COPY OF MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF CPC READ WITH RULE 24 OF CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION) RULES, 2008 SIGNED BY THE FIRST PETITIONER AND THE SECOND RESPONDENT ON 16..08..2022 IN THE CASES PENDING BEFORE THE ADDL.CJM (ECONOMIC OFFENCES) COURT, ERNAKULAM ANNEXURE-B TRUE COPY OF AFFIDAVIT DT. 02..12..2022 SWORN TO BY THE SECOND RESPONDENT IN C.C.
NO. 243 OF 2016 ON THE FILE OF THE ADDL.
CJM (E&O) ERNAKULAM ANNEXURE-C TRUE COPY OF FINAL REPORT DT.
18..04..2016 IN C.C. NO. 243 OF 2016 ON THE FILE OF THE ADDL. CHIEF JUDICIAL MAGISTRATE'S COURT (E&O), ERNAKULAM
