IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 CRL.MC NO. 1831 OF 2023 AGAINST CC 211/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA IN CRIME NO.87/2022 OF MAVELIKKARA POLICE STATION PETITIONERS/ACCUSED NOS. 1 & 2:

1 REJIN MATHEW THOMAS, AGED 25 YEARS, S/O THOMAS MATHEW, AALINTE THEKKATHIL VEETTIL, PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN – 690101

2 THOMAS MATHEW, AGED 59 YEARS, S/O KURIAN THOMAS, AALINTE THEKKATHIL VEETTIL, PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN – 690101 BY ADV SRI.T.S.SARATH RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

2 THE STATION HOUSE OFFICER, MAVELIKKARA POLICE STATION, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN – 690101

3 MARIAMJI GEORGE, AGED 47 YEARS, W/O THOMAS PHILIP, AALINTE THEKKATHIL VEETTIL, PUTHIYAKAVU MURI, MAVELIKKARA VILLAGE, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN – 690101

4 SNEHA ELSA PHILIP, AGED 18 YEARS, D/O THOMAS PHILIP, AALINTE THEKKATHIL VEETTIL, PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN – 690101 NOW RESIDING AT THAIVILAYIL NITHIN VILLA, KALLIMEL MURI, THSHAKKARA, MAVELIKKARA, ALAPPUZHA DISTRICT, KERALA - 690102

5 SONA SUSAN PHILIP, AGED 23 YEARS, W/O NITHIN S DANIEL, AALINTE THEKKATHIL VEETTIL, PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA-

690101, NOW RESIDING AT THAIVILAYIL NITHIN VILLA. KALLIMEL MURI, THAZHAKKARA, MAVELIKKARA, ALAPPUZHA DISTRICT,KERALA, PIN – 690102 BY ADV.

SMT.M.K.PUSHPALATHA, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.BABU, J --------------------------------------

Crl.M.C.No.1831 of 2023 ---------------------------------------

Dated this the 11^th day of April, 2023

O R D E R

The prayer in this Crl.M.C. is to quash Annexure-A1 FIR and Annexure-A2 Charge Sheet in Crime No.87/2022 of Mavelikkara Police Station and all further proceedings in C.C.No.211/2022 on the file of the Judicial First Class Magistrate Court-I, Mavelikkara, 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 294(b), 323, 324, 506 (ii) and 34 of IPC.

4. Respondent Nos. 3 to 5, entered appearance through counsel. The afÏdavits sworn to by them have also been placed before this Court.

5. Heard both sides.

6. I have perused the averments in the petition and the afÏdavits sworn to by respondent Nos. 3 to 5.

7. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating OfÏcer, who has taken statements of the victims, 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 victims agreed to settle the matter with their free will.

8. In Gian 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 ju