Kerala High Court
Sabarinath vs State Of Kerala on 8 June, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA,
1944
CRL.MC NO. 3349 OF 2022
C.C.NO.1336 OF 2016 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-II, ATTINGAL
CRIME NO.688 OF 2016 OF THE MANGALAPURAM POLICE STATION
PETITIONER/ACCUSED:
SABARINATH,
AGED 44 YEARS,
S/O THULASEEDHARAN, VISAKHAM VEEDU,
NAALUMUKKU, PERUNGUZHI, AZHOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695305.
BY ADV P.ANOOP (MULAVANA)
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, PIN - 682031.
2 SHEREENA,
D/O SHAHIDA, FIRDOUSE HOUSE, HIGH WAY GARDENS,
16 MILE JUNCTION, VEILOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695302.
R1 BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR
R2 BY ADV. SRI. A.CHANDRA BABU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 3349 OF 2022 2
ORDER
This Crl.M.C. has been preferred to quash Annexure 1 Final Report in C.C No.1336 of 2016 of the Judicial First Class Magistrate Court-II, Attingal, on the ground of settlement between the parties.
2. The petitioner is the accused. The 2nd respondent is the de facto complainant.
3. The offences alleged against the petitioner are punishable under Sections 354, 354D, 452, 506(ii), 416 and 465 of the IPC.
4. The 2nd respondent entered appearance through counsel. An affidavit sworn in by her is also produced as Annexure 2.
5. I have heard Sri.P. Anoop, the learned counsel for the petitioner, Sri.A. Chandra Babu, the learned counsel for the 2 nd respondent and Smt.T.V.Neema, the learned Senior Public Prosecutor for the 1st respondent.
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 CRL.MC NO. 3349 OF 2022 3 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 1. 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) CRL.MC NO. 3349 OF 2022 4 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 1 Final Report in C.C No.1336 of 2016 of the Judicial First Class Magistrate Court-II, Attingal, hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE DSV/08.06.2022 CRL.MC NO. 3349 OF 2022 5 APPENDIX OF CRL.MC 3349/2022 PETITIONER'S ANNEXURES :
Annexure1 TRUE COPY OF THE FINAL REPORT IN CC 1336/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II-ATTINGAL ARISING FROM CRIME NO. 688/2016 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
Annexure2 TRUE COPY OF THE AFFIDAVIT FILED BY THE
2ND RESPONDENT
RESPONDENTS' ANNEXURES: NIL