Back
2022 Supreme(Online)(KER) 46657
HIGH COURT OF KERALA
Kauser Edappagath, J
MANOJ K.R @ GURUJI – Appellant
Versus
1) ASHITHA P. LAKSHMI – Respondent
Crl.MC/9182/2022
P.PREMARAJAN
The court clarified that personal disputes can lead to quashing of non-compoundable criminal proceedings if settled amicably, ensuring justice and preventing abuse of process.
Headnote:
Quashing - Criminal Proceedings - IPC Sections 341, 323, 324, 342, 354, 365 r/w 34 - The court quashed the criminal proceedings due to amicable settlement between parties, citing precedents allowing such decisions under Section 482 of Cr.P.C.
Fact of the Case:
The case involved multiple accused in a personal dispute with allegations including wrongful restraint and assault under various sections of IPC. The complainant expressed intent not to pursue the matter further after amicable settlement.
Finding of the Court:
The court noted the dispute was purely personal, and there was no public interest at stake. Citing previous judgments, it acknowledged the High Court's discretion to quash non-compoundable offences under specific circumstances.
Issues: Whether the High Court can quash a criminal case based on the settlement between parties despite the offences being non-compoundable under Section 320 of Cr.P.C.
Ratio Decidendi: The ruling established that if the parties to a non-compoundable offence settle their disputes, the High Court may intervene under Section 482 of the Cr.P.C. to quash proceedings where justice so requires.
Final Decision: The Crl.M.C. is allowed and the Final Report in C.C.No.190/2020 is quashed.
O R D E R
This Crl.M.C. has been preferred to quash Annexure-2 Final Report in C.C.No.190/2020 on the files of the Judicial First Class Magistrate Court, Thalassery on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 to 11 and 13 to 15. The
1st respondent is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 341, 323, 324, 342, 354, 365 r/w 34 of IPC.
4. An affidavit sworn in by the 1st respondent is also produced. 5. I have heard Sri.P.Premarajan, the learned counsel for the petitioners and Sri.P.G.Manu, the learned Senior Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in by the 1st 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 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-2. 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-2 Final Report in C.C.No.190/2020 on the files of the Judicial First Class Magistrate Court, Thalassery hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
APPENDIX OF CRL.MC 9182/2022 PETITIONERS' ANNEXURES:
ANNEXURE1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 692/2017 OF DHARMADOM POLICE STATION DATED 08-11-2017 NOW PENDING AS C.C 190/2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY ANNEXURE2 CERTIFIED COPY OF THE FINAL REPORT DATED
08-11-2017 IN CR. NO: 692/2017 OF DHARMADOM POLICE STATION, NOW PENDING AS C.C 190/2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY ANNEXURE 3 ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 02-11-2022
