BABY VARGHESE @ KUNJUMON VARGHESE vs STATE OF KERALA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 17115

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
BABY VARGHESE @ KUNJUMON VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent

Advocates:
For the Appellants/Petitioners: SHABEER ALI MOHAMED
For the Respondents: BIJU ABRAHAM, SMT. SEENA C.

Table of Content
1. accused sought quashment of proceedings citing an amicable settlement. (Para 2)
2. court confirmed the settlement's genuineness with no objection from complainant. (Para 3 , 4)
3. guidelines reinforce quashment under inherent power when settlement exists. (Para 5)

ORDER

A five Judges Bench of the Punjab and Haryana High Court inKulwinder Singh and Others v. State of Punjab and Another [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court inGian Singh v. State of Punjab and another [(2012) 10 SCC 303] . Similarly inNarinder Singh and Others v. State of Punjab [(2014) 6 SCC 466] , the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inheren