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2022 Supreme(Online)(KER) 7604

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 25TH DAY OF JULY 2022 / 3RD SRAVANA, 1944 CRL.MC NO. 4420 OF 2022 CC 2111/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM Crime No.1963/2013 of Anchalummodu Police Station, Kollam PETITIONERS/ACCUSED 1 TO 3:

1 BABU AGED 48 YEARS S/O.LEKSHMANAN, VAISAKHAM VEEDU, WARD NO.21, KURIPPUZHA, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT , PIN - 691601

2 SANGEETHA AGED 44 YEARS W/O.BABU, VAISAKHAM VEEDU, WARD NO.21, KURIPPUZHA, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT , PIN - 691601

3 LALITHA SUKESAN AGED 38 YEARS W/O.SUKESAN, SAJI VIHAR, WARD NO.21, KURIPPUZHA, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT , PIN - 691601 BY ADVS.

PRATHEESH.P ANJANA KANNATH T.S.SREEKUTTY RESPONDENTS/STATE & DE FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 STATION HOUSE OFFICER ANCHALUMMODU POLICE STATION, KOLLAM DISTRICT, PIN - 691601

3 SOVIA MOLE.C AGED 45 YEARS D/O. BABY CLEETUS, 'MINI SADANAM, THAZHAM, KIZHAKKE KALLADA, KOLLAM, PIN – 691502 BY ADV A.MUHAMMED RAFFI OTHER PRESENT:

SRI P G MANU-SR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This Crl.M.C. has been preferred to quash Annexure 2 Final Report in Crime No.1963/2013 of Anchalumoodu Police Station on the ground of settlement between the parties.

2. The petitioners are the accused Nos.1 to 3. The 3rd respondent is the de facto complainant.

3. The offences alleged against the petitioners are punishable under Sections 294(b), 341, 323 and 34 of the IPC.

4. The respondent No.3 entered appearance through counsel. An affidavit sworn in by her is also produced.

5. I have heard Sri.Pratheesh.P., the learned counsel for the petitioners, Sri.A.Muhammed Raffi, the learned counsel for the respondent No.3 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 respondent No.3 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 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 Final Report in Crime No.1963/2013 of Anchalumoodu Police Station. 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 Crime No.1963/2013 of Anchalumoodu Police Station hereby stands quashed.

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