Kerala High Court
Sreejith Alias Kochumon vs State Of Kerala on 7 April, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
CRL.MC NO. 1193 OF 2022
CRIME NO.336/2020 OF Mangalapuram Police Station,
CC 1925/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,ATTINGAL
PETITIONERS/ACCUSED 1 TO 3:
1 SREEJITH ALIAS KOCHUMON
AGED 28 YEARS
SON OF RAJENDRAN,
KARAYADIYIL PUTHUVAL VEEDU, NEAR CRP CAMP,
PALLIPPURAM, PALLIPPURAM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695316
2 SHANUMON
AGED 30 YEARS
SON OF SASI,
SREEPADAM HARIJAN COLONY, NEAR CRP CAMP,
PALLIPPURAM, PALLIPPURAM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695316
3 RAJENDRAN
AGED 52 YEARS
SON OF GOPI,
KARAYADIYIL VEEDU, NEAR CRP CAMP,
PALLIPPURAM, PALLIPPURAM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695316
BY ADV M.ABDUL RASHEED
RESPONDENTS/STATE, DEFACTO COMPLAINANT & INVESTIGATING
OFFICER:
Crl.M.C.No.1193/2022
-:2:-
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031
ERNAKULAM, PIN - 682031
2 SHEEJA
AGED 31 YEARS
DAUGHTER OF USHA,
KUZHIYALAKAL VEEDU, NEAR CRP CAMP,
PALLIPPURAM, PALLIPPURAM P O,
THIRUVANANTHAPURAM, PIN - 695316
3 STATION HOUSE OFFICER
MANGALAPURAM POLICE STATION, MANGALAPURAM P O,
THIRUVANANTHAPURAM DISTRICT, PIN 695317
BY ADVS.
SMT. T.V. NEEMA, SR. PP
K.NIRMALAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.04.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1193/2022
-:3:-
ORDER
Dated this the 7th day of April, 2022 This Crl.M.C. has been preferred to quash Annexure A1 Final Report in C.C.No.1925/2020 on the file of the Judicial First Class Magistrate Court-II, 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.
3. The offences alleged against the petitioners are under Sections 341, 323, 354 and 34 of IPC.
4. The respondent No.2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri. M. Abdul Rasheed the learned counsel for the petitioners, Sri. K. Nirmalan, the learned counsel for the respondent No.2 and Smt. T.V. Neema, the learned Public Prosecutor.
6. The averments in the petition as well as the affidavit sworn in by the respondent No.2 would show that the entire Crl.M.C.No.1193/2022 -:4:- dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the crime 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 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 Crl.M.C.No.1193/2022 -:5:- 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 further. Accordingly, the Crl.M.C. is allowed. Annexure A1 Final Report in C.C.No.1925/2020 on the file of the Judicial First Class Magistrate Court-II, Attingal stands hereby quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
Crl.M.C.No.1193/2022
-:6:-
APPENDIX OF CRL.MC 1193/2022
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN
C.C. NO.1925/2020 ON THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-
II, ATTINGAL WHICH AROSE FROM CRIME NO.336/2020 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A2 ORIGINAL AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 10.12.2021