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2022 Supreme(Online)(KER) 29224
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 CRL.MC NO. 8543 OF 2022 CRIME NO.1024 OF 2020 OF KUNNATHUNADU POLICE STATION, ERNAKULAM DISTRICT AND IN CC 144/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KOLENCHERRY PETITIONERS/ACCUSED:
1 ANAS AGED 31 YEARS,S/O ALIKUNJU, PAREKKADANHOUSE,VILANGU.P.O,CHELAKKULAM KUNNATHUNADU,ERNAKULAM DISTRICT,PIN - 683561
2 ALIKUNJU AGED 58 YEARS, S/O MUHAMMAD PAREKKADANHOUSE,VILANGU.P.O,CHELAKKULAM KUNNATHUNADU,ERNAKULAM DISTRICT, PIN - 683561
3 SAINABA AGED 51 YEARS,W/O ALIKUNJU, PAREKKADANHOUSE,VILANGU.P.O,CHELAKKULAM KUNNATHUNADU,ERNAKULAM DISTRICT, PIN - 683561
4 ANEESHA AGED 27 YEARS,D/O ALIKUNJU,PAREKKADANHOUSE, VILANGU.P.O,CHELAKKULAM KUNNATHUNADU,ERNAKULAM DISTRICT, PIN - 683561
5 RAHEEM AGED 44 YEARS, S/O ALIKUNJU,PAREKKADANHOUSE, VILANGU.P.O,CHELAKKULAM KUNNATHUNADU,ERNAKULAM DISTRICT, PIN - 683561 BY ADVS.
K.P.SANTHI NISHA G.THARAMAL SARIMOL KAREETHARA RESPONDENTS/STATE DEFACTO COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN - 682031
2 LINCINAMOL AGED 27 YEARS, D/O. ALI, PUTHUKKATTIL HOUSE , MUDIKKAL.P.O,PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683547 SMT T V NEEMA -SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 23rd day of December, 2022 This Crl.M.C. has been preferred to quash Annexure A2 Final Report in C.C No. 144/2021 of Judicial First Class Magistrate Court– I, Kolanchery, on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 to 5. The 2nd respondent is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 417,420, 406, 498A, and 34 of the Indian Penal Code.
4. An affidavit sworn in by the 2nd respondent is produced.
5. I have heard Smt.K.P Santhi, the learned counsel for the petitioners, 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 A2. 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 A2 Final Report in .C.C No. 144/2021 of Judicial First Class Magistrate Court – I, Kolanchery hereby stands quashed.
