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2022 Supreme(Online)(KER) 38294
HIGH COURT OF KERALA
Kauser Edappagath, J
KHALEEL K A – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/7276/2022
P.I.MUHAMMED SOORAJ A.BALAGOPALAN M.S.IMTHIYAZ AHAMMED P.SEENA
Criminal proceedings can be quashed under S.482 of Cr.P.C. in case of amicable settlement between parties, despite non-compoundable offences.
Headnote:
Quashing - Criminal Procedure - IPC Sections 498A, 323, 341, 354, 294(b), 120(b), 34 - Court allowed the quashing of a Final Report citing amicable settlement between parties despite non-compoundable nature of offences as per precedent set by the Supreme Court.
Fact of the Case:
The petitioners sought to quash a Final Report against them in a criminal case, citing settlement with the de facto complainant, who affirmed the settlement through an affidavit.
Finding of the Court:
The court found no public interest was harmed by quashing the proceedings, affirming the validity of the settlement and that the nature of the disputes were purely personal.
Issues: Whether the High Court can quash criminal proceedings for non-compoundable offences when the parties have reached a settlement.
Ratio Decidendi: The court reiterated that under certain circumstances, even non-compoundable offences could be quashed if deemed necessary to ensure justice and prevent abuse of legal processes.
Final Decision: The Crl.M.C. is allowed; the Final Report in CC No.599/2021 stands quashed.
ORDER
This Crl.M.C. has been preferred to quash Annexure A1 Final Report in CC No.599/2021 of Judicial First Class Magistrate Court-I, Muvattupuzha on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 to 7. The 2nd respondent is the de facto complainant.
3. The offences alleged against the petitioners are punishable under Sections 498A , 323, 341, 354, 294(b), 120(b) and Section 34 of the 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. P.I. Muhammed Sooraj, the learned counsel for the petitioners, Sreedass K.P., the learned counsel for the 2nd respondent 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 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 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 A1. 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 A1 Final Report in CC No.599/2021 of Judicial First Class Magistrate Court-I, Muvattupuzha hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE bpr APPENDIX PETITIONERS' ANNEXURES ANNEXURE-A1 CERTIFIED COPY OF THE CHARGE SHEET/FINAL REPORT DATED 24/4/2021 IN C.C. NO.
599/2021 OF JFCM-I, MUVATTUPUZHA.
ANNEXURE-A2 TRUE COPY OF MEDIATION AGREEMENT DATED
22/1/2022 IN M.C. NO.152/2019 AND O.P.
NO.724/2020 OF FAMILY COURT, MUVATTUPUZHA.
ANNEXURE-A3 CERTIFIED COPY OF JUDGMENT AND ORDER DATED 16/2/2022 PASSED BY THE FAMILY COURT, MUVATTUPUZHA IN M C NO 152/2019 AND O.P. NO.724/2020.
ANNEXURE-A4 AFFIDAVIT OF THE 2ND RESPONDENT DATED
23/05/2022.
