High Courts can quash criminal proceedings even for non-compoundable offenses if parties settle amicably, ensuring justice.

ORDER

The prayer in this Crl.MC is to quash Annexure A1 Final Report in Crime No.595/2016 of Nadapuram Police Station, Kozhikode and all further proceedings in C.C No. 124/2020 on the file of the Judicial First Class Magistrate Court, Nadapuram, on the ground that the parties have arrived at a settlement in respect of the subject matter.

2. Petitioners are accused Nos. 2 and 4.

3. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 447, 506 and 427 r/w Section 149 of the Indian Penal Code.

4. Respondent No.2, the defacto complainant entered appearance through counsel. An affidavit 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 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 victim, 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 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 A1 Final Report in Crime No.595/2016 of Nadapuram Police Station, Kozhikode and all further proceedings in C.C No. 124/2020 on the file of the Judicial First Class Magistrate Court, Nadapuram, stand hereby quashed.

Sd/-

K. BABU JUDGE AMR APPENDIX OF CRL.MC 1813/2023 PETITIONERS’ ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 14.08.2016 ALONG WITH FINAL REPORT DATED 12.11.2016 IN CRIME NO. 595 OF 2016 OF NADAPURAM POLICE STATION IN KOZHIKODE RURAL.

Annexure A2 A TRUE COPY OF THE JUDGMENT DATED

11/05/2018 IN CC NO.1221 OF 2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NADAPURAM.

Annexure A3 A TRUE COPY OF THE JUDGMENT IN CC NO.358 OF 2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NADAPURAM DATED

30.01.2020.

Annexure A4 ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT/DE-FACTO COMPLAINANT IN CRIME NO. 595 OF 2016 OF NADAPURAM POLICE STATION IN KOZHIKODE RURAL DATED

16.01.2023.