The court can quash proceedings for non-compoundable offenses if the parties reach a fair and voluntary settlement, ensuring justice is served.

O R D E R

The prayer in this Crl.M.C. is to quash Annexure A1 FIR and Annexure A2 Final Report in Crime No.162/2022 of Elamakkara Police Station, and all further proceedings in C.C.No.317/2022 on the file of the Judicial First Class Magistrate Court-II, Aluva, 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 3.

3. The offence alleged against the petitioners is punishable under Section 498-A of IPC .

4. Respondent No.2, 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.2.

7. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating OfÏcer, 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. 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 offence in question does not fall within the category of serious offences or heinous offences.

10. The offence in the present case does 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 and Annexure A2 Final Report in Crime No.162/2022 of Elamakkara Police Station, and all further proceedings in C.C.No.317/2022 on the file of the Judicial First Class Magistrate Court-II, Aluva, stand hereby quashed.