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2022 Supreme(Online)(KER) 36651
HIGH COURT OF KERALA
Kauser Edappagath, J
MANOJ KUMAR M.K – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/8392/2022
R. SREEHARI HAMZA A.V., Jayaram P SRI P G MANU-SR PUBLIC PROSECUTOR
The court established that amicable settlements can lead to quashing of criminal proceedings in certain non-compoundable cases if it ensures justice.
Headnote:
Quash - Criminal Proceedings - IPC Sections 143, 147, 148, 447, 295A, 427, 506 (ii), 149 - The court allowed quashing of criminal proceedings based on settlement between parties, citing precedents allowing such quashing under specific circumstances even for non-compoundable offences.
Fact of the Case:
The petitioners, accused in a criminal case, sought to quash the final report after the dispute was settled amicably with the complainant, who decided not to pursue the case further.
Issues: Whether the court can quash criminal proceedings in a non-compoundable offence where parties have settled the matter.
Ratio Decidendi: The High Court can invoke powers to quash criminal proceedings under Section 482 of Cr.P.C based on settlement, even in non-compoundable offences, ensuring justice and preventing abuse of process.
Final Decision: Crl.M.C. is allowed; the final report stands quashed.
ORDER
Dated this the 23rd day of December, 2022 This Crl.M.C. has been preferred to quash Annexure-3 Final Report in C.C.No.286/2015 of the Judicial First Class Magistrate Court, Ottapalam on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 4 to 7. Accused Nos. 1 to 3 are no more as evident from Annexure 5 to 7. The 2nd respondent is the de facto complainant and the 3rd respondent is the charge witness.
3. The offences alleged against the petitioners are punishable under Sections 143 , 147, 148, 447, 295A, 427, 506 (ii)
read with Section 149 of IPC .
4. The 2nd and 3rd respondents entered appearance through counsel. The affidavits sworn in by them are also produced.
5. I have heard Sri.R.Sreehari, the learned counsel for the petitioners, Sri.P.Jayaram, the learned counsel for the respondent Nos.2 and 3 and Sri.P.G.Manu the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavits sworn in by the 2nd and 3rd respondents would show that the entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the criminal proceedings further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the investigating officer and a statement of the de facto complainant was also recorded wherein she reported that the matter was amicably settled.
7. The Apex Court 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 in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of the case or to ensure the ends of justice or to prevent abuse of process of any Court.
8. The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure-3. The offences in question do not fall within the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).
For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the Crl.M.C. is allowed. Annexure-3 Final Report in C.C.No.286/2015 of the Judicial First Class Magistrate Court-I, Ottapalam, hereby stands quashed.
Sd/-
KAUSER EDAPPAGATH JUDGE
APPENDIX OF CRL.MC 8392/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT FILED UNDER SECTION 190(1) (A) OF CR.P.C BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM AS C M P NO.5453/2014 Annexure2 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1083/2014 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, DATED
18/09/2014 Annexure3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1083/2014 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, SUBMITTED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT , OTTAPALAM DATED 18/01/2015.
Annexure4 CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE DATED 18/01/2015 SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO. 1083/2014 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM Annexure5 TRUE COPY OF THE DEATH CERTIFICATE WITH RESPECT TO VIJAYAKUMAR M.K., THE 1ST ACCUSED IN C C NO.286/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT ,OTTAPALAM, ISSUED BY THE OTTAPALAM MUNICIPALITY DATED 12/10/2017 Annexure6 TRUE COPY OF THE DEATH CERTIFICATE WITH RESPECT TO SASIDHARAN M.K., THE 2ND ACCUSED IN C C NO.286/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT ,OTTAPALAM, ISSUED BY THE OTTAPALAM MUNICIPALITY DATED 24/03/2015 Annex
