Dated this the 23rd day of December, 2022 This Crl.M.C. has been preferred to quash Annexure-A3 Final Report in C.C.No.17/2021 on the file of the Judicial First Class Magistrate Court-I, Perambra on the ground of settlement between the parties.

2. The petitioners are the accused Nos. 1 and 2. The 2nd respondent is the de facto complainant.

3. The offences alleged against the petitioners are punishable under Sections 498-A and 406 r/w 34 of Indian Penal Code.

4. The 2nd respondent entered appearance through counsel. An affidavit sworn in by her is also produced.

5. I have heard Sri.Alex.M.Scaria, the learned counsel for the petitioners, Shri.Sajeevan, the learned counsel for the respondent No.2 and Smt.T.V.Neema, the learned Senior Public Prosecutor.

6. The averments in the petition as well as the affidavit sworn in by the 2nd respondent 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 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 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-A3. The offences in question does 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-A3 Final Report in C.C.No.17/2021 on the file of the Judicial First Class Magistrate Court-I, Perambra hereby stands quashed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA APPENDIX OF CRL.MC 8807/2022 PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF THE COMPLAINT DATED

27/08/2020 ON THE FILES OF THE JFCM COURT -

1, PERAMBRA.

Annexure A2 CERTIFIED COPY OF THE F.I.R NO. 507 OF 2020 DATED 03/09/2020 OF KOORACHUND POLICE STATION, KOZHIKODE.

Annexure A3 CERTIFIED COPY OF THE FINAL REPORT DATED

25/11/2020 IN F.I.R 507 OF 2020 OF KOORACHUNDU POLICE STATION.

Annexure A4 AFFIDAVIT DATED 09/11/2022 SWORN TO BY THE

2ND RESPONDENT.