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) 27763

HIGH COURT OF KERALA
K. Babu, J
PINTO ANTO – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 530 2023



Advocates:
Sri.Mahesh V.Menon, Sri.G.Sudheer, PP

The court can exercise its inherent powers to quash proceedings in non-compoundable crimes if the parties have settled amicably, serving justice without compromising public interest.

Headnote:

Quashing - Criminal Procedure - IPC Section 498-A, Cr.P.C. Section 482, 320 - Court allowed the quashing of FIR and proceedings based on amicable settlement between parties, interpreting provisions for non-compoundable offenses and ensuring justice.

Fact of the Case:

Petitioners, accused in a domestic violence case under IPC Section 498-A, sought to quash the FIR and proceedings citing a settlement with the defacto complainant, who confirmed her willingness to do so in an affidavit.

Finding of the Court:

The court found that the dispute was personal and had been settled voluntarily by both parties. It acknowledged the settlement's fairness and the complainant's desire not to proceed, which satisfied the court's conscience.

Issues: Whether the court can quash proceedings under OCI Section 482 despite Section 320 restrictions, when the parties have settled the issues amongst themselves.

Ratio Decidendi: The court held that it may quash proceedings in non-compoundable offenses where parties have reached a settlement, so long as it serves justice and does not compromise public interest.

Final Decision: Crl.M.C is allowed; FIR and proceedings quashed.

O R D E R

The prayer in this Crl.M.C. is to quash Annexure 1 FIR and Annexure 2 Final Report in Crime No.894 of 2019 of Irinjalakuda Police Station, Thrissur, and all further proceedings in C.C.No.350/2020 on the file of the Judicial First Class Magistrate Court, Irinjalakuda, 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 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 the 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. 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 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 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 1 FIR and Annexure 2 Final Report in Crime No.894 of 2019 of Irinjalakuda Police Station, Thrissur, and all further proceedings in C.C.No.350/2020 on the file of the Judicial First Class Magistrate Court, Irinjalakuda, 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