SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(KER) 12166

HIGH COURT OF KERALA
K. Babu, J
ANZAR AZEEZ – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 5613 2023



Advocates:
SRI.PRATHEESH.P, SMT.ANJANA KANNATH

The court can quash proceedings for non-compoundable offences if the parties voluntarily settle, ensuring justice and preventing abuse of process.

Headnote:

Quashing - Criminal Proceedings - Section 498-A, 324, 34 IPC - Section 482 Cr.P.C. - The court allowed the petitioners’ application to quash the FIR as the dispute was settled voluntarily between the parties, emphasizing the nature of offences and the absence of public interest harm.

Fact of the Case:

The petitioners sought to quash an FIR related to charges under Sections 498-A, 324, and 34 IPC, claiming the matter had been amicably settled between the parties involved.

Finding of the Court:

The court found that the parties reached a fair and voluntary settlement and noted that continuing the proceedings would serve no purpose.

Issues: Whether the FIR and proceedings should be quashed given that the parties settled the matter amicably.

Ratio Decidendi: The court reiterated that quashing is permissible under Section 482 Cr.P.C. when the interests of justice and voluntary settlements are at play, even in non-compoundable offences.

Final Decision: The Crl.M.C is allowed; the FIR and all proceedings are quashed.

O R D E R

The prayer in this Crl.M.C. is to quash Annexure A1 FIR in Crime No.1077/2023 of Eravipuram Police Station, and all further proceedings pursuant to it on the ground that the parties have arrived at a settlement in respect of the subject matter.

2. The petitioners are accused Nos. 1 and 2.

3. The offences alleged against the petitioners are punishable under Sections 498-A , 324 and 34 of IPC .

4. Respondent No.3, the defacto complainant entered appearance through counsel. An afÏdavit sworn to by her has also been placed before this Court.

5. Heard both sides.

6. I have perused the averments in the petition and the afÏdavit sworn to by respondent No.3.

7. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating OfÏcer, who has taken the statement of the defacto complainant, and it is reported that the dispute between the parties has been amicably settled. The material placed before the Court shows that the entire dispute between the parties has been amicably settled and the defacto complainant has decided not to proceed further. The settlement between the parties is found to be voluntary and fair. The settlement or the compromise satisfies the conscience of the Court. It is seen that the victim agreed to settle the matter with her free will.

8. 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 State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] the Apex Court held that the High Court, invoking Section 482 of Cr.P.C., can quash criminal proceedings in relation to non-compoundable offences, where the parties have settled the matter between themselves notwithstanding the bar under Section 320 of Cr.P.C., if it is warranted in the given facts and circumstances of the case, to ensure ends of justice or to prevent abuse of the process of any Court.

9. In the instant case, the dispute is purely personal in nature. There is nothing to show that public interest will be compromised by quashing the proceedings. The offences in question do not fall within the category of serious offences or heinous offences.

10. The offences in the present case do not fall within the category of offences prohibited for granting permission to compromise in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).

11. This Court is of the view that no purpose will be served in proceeding with the matter further.

Resultantly, the Crl.M.C is allowed. Annexure A1 FIR in Crime No.1077/2023 of Eravipuram Police Station, and all further proceedings pursuant to it stand hereby quashed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top