The Court can quash non-compoundable offences under Section 482 of Cr.P.C. if the matter is settled amicably and public interest is not affected.

O R D E R

The prayer in this Crl.M.C. is to quash Annexure-A FIR and Annexure-B Charge in Crime No.1402 of 2021 of Wadakkanchery Police Station and all further proceedings in C.C.No.372 of 2022 on the file of the Judicial First Class Magistrate Court, Wadakkanchery, on the ground that the parties have arrived at a settlement in respect of the subject matter.

2. The petitioners are accused Nos. 1 to 5.

3. The offences alleged against the petitioners are punishable under Sections 406, 498-A and 34 of IPC. 4. Respondent No.2, the defacto complainant entered appearance through counsel. An affidavit sworn to by her has also been placed before the Court.

5. Heard Shri. M.S.Unnikrishnan, the learned counsel for the petitioners, the learned counsel for respondent No.2 and the learned Public Prosecutor.

6. I have perused the averments in the petition and the affidavit sworn to by respondent No.2.

7. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating Officer, who has taken 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. 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. Lakshmi 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 Lakshmi 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-A FIR and Annexure-B Final Report in Crime No.1402 of 2021 of Wadakkanchery Police Station and all further proceedings in C.C.No.372 of 2022 on the file of the Judicial First Class Magistrate Court, Wadakkanchery, stand hereby quashed.

Sd/-

K.BABU, JUDGE kkj APPENDIX OF CRL.MC 2193/2023 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE F.I.R IN CRIME NO.

1402/2021 OF WADAKKANCHERRY POLICE STATION.

Annexure B TRUE COPY OF THE CHARGE IN C.C NO. 372 OF 2022 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY.

Annexure C TRUE COPY OF THE COMPROMISE FILED BY PETITIONERS 1 TO 4 AND THE 2ND RESPONDENT IN O.P 2774 OF 2021 ON THE FILES OF HON'BLE FAMILY COURT, THRISSUR.

Annexure D TRUE COPY OF THE MUBARATH AGREEMENT DATED 24.02.2023 BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT.

Annexure E TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 18.9.2022 BEFORE THE NOTARY PUBLIC IN SUPPORT OF QUASHMENT OF ANNEXURE A AND B