Kerala High Court
Sumesh vs State Of Kerala on 10 June, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944
CRL.MC NO. 5837 OF 2020
CRIME NO.2245/17 OF ATTINGAL POLICE STATION, CC 169/2018 OF
JFCM-1 ATTINGAL
PETITIONERS/ACCUSED 1 TO 3:
1 SUMESH
AGED 42 YEARS
S/O. JANARDHANA KURUP, OJAS BHAVAN, POYIKKADA
DESOM, KODUVAZHANOOR VILLAGE, KODUVAZHANOOR (P.O).
KILIMANOOR THIRUVANANTHAPURAM.
2 SANTHOSH KUMAR,
AGED 42 YEARS
S/O. SURENDRAN NAIR, SAYOOJYAM VEEDU,
POYIKKADA DESOM, KODUVAZHANOOR VILLAGE,
KODUVAZHANOOR (P.O). KILIMANOOR
THIRUVANANTHAPURAM.
3 VARUN RAJ,
AGED 25 YEARS
S/O. VARADHA RAJAN, AS NIVAS,
POYIKKADA DESOM, KODUVAZHANOOR VILLAGE,
KODUVAZHANOOR (P.O). KILIMANOOR
THIRUVANANTHAPURAM.
BY ADV M.DINESH
RESPONDENTS/STATE & DEFACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM. 682 031.
Crl.M.C.No.5837/2020
-:2:-
2 SASIDHARAN NAIR
AGED 64 YEARS
S/O. GOPALA PILLAI, ANJALI NIVAS, KADUVAYIL
KATTUMPURAM, ATTINGAL (PO.), ATTINGAL,
THIRUVANANTHAPURAM 695 101.
3 ANJALI.S.NAIR
AGED 30 YEARS
D/O. KAMALA, ANJALI NIVAS, KADUVAYIL, KATTUMPURAM,
ATTINGAL (P.O.), ATTINGAL, THIRUVANANTHAPURAM 695
101.
BY ADV C.S.SUMESH
SMT. T.V. NEEMA, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.06.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.5837/2020
-:3:-
ORDER
Dated this the 10th day of June, 2022 This Crl.M.C. has been preferred to quash Annexure A2 Final Report in C.C.No.169/2018 on the file of the Judicial First Class Magistrate Court-I, Attingal on the ground of settlement between the parties.
2. The petitioners are the accused Nos. 1 to 3. The 2 nd respondent is the defacto complainant and the 3rd respondent is his daughter.
3. The offences alleged against the petitioners are punishable under Sections 294(b), 341, 323, 506(i), 509 and 34 of IPC.
4. The respondent No.2 and 3 entered appearance through counsel. An affidavit sworn in by them is also produced.
5. I have heard Sri. Dinesh M., the learned counsel for the petitioners, Sri. C.S. Sumesh, the learned counsel for the respondent Nos. 2 and 3 and Smt. T.V. Neema, the learned Senior Public Prosecutor.
Crl.M.C.No.5837/2020-:4:-
6. The averments in the petition as well as the affidavit sworn in by the respondent Nos. 2 and 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 he 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 the ends of justice or to prevent abuse of Crl.M.C.No.5837/2020 -:5:- 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 A2. 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 A2 Final Report in C.C.No.169/2018 on the file of the Judicial First Class Magistrate Court-I, Attingal hereby stands quashed.
sd/-
DR. KAUSER EDAPPAGATH JUDGE kp Crl.M.C.No.5837/2020 -:6:- APPENDIX OF CRL.MC 5837/2020 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. IN CRIME N0. 2245/2017 OF ATTINGAL POLICE STATION THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPROT IN C.C. NO. 169/2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ATTINGAL WHICH ARISE FROM CRIME NO.
2245/2017 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A3 TRUE COPY OF THE COMPROMISE ENTERED BY THE PETITIONERS AND THE RESPONDENTS 2 AND 3 IN C.C. NO. 169/2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT I ATTINGAL.
ANNEXURE A4 ORIGINAL OF JOINT AFFIDAVIT FILED BY THE RESPONDENTS 2 AND 3 DATED 13.11.2020.