Kerala High Court
Febin Thomas vs State Of Kerala on 25 August, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
CRL.MC NO. 3623 OF 2021
CRIME NO.479/2016 OF MARAYAMUTTAM POLICE STATION,
Thiruvananthapuram
CC 886/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-III,NEYYATTINKARA
PETITIONER/ACCUSED:
FEBIN THOMAS, AGED 37 YEARS, S/O. K.A. THOMAS,
RESIDING AT KOCHAPPILLI HOUSE, MOOZIKULAM,
PARAKKADAVU, KURUMASSERY, ERNAKULAM - 683579.
BY ADV R.CHANDRAPRAVEEN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 ASWATHY.M.S, AGED 32 YEARS, D/O. MOHANAKUMAR,
RESIDING AT ANANDA BHAVANAM, PLAVILA, MARAYAMUTTAM
P.O, PERUMKADAVILA, THIRUVANANTHAPURAM - 695124,
BY ADV P.V.ANIL
SMT. T.V. NEEMA, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.no.3623/2021
-:2:-
ORDER
Dated this the 25th day of August, 2022 This Crl.M.C. has been preferred to quash Annexure A3 Final Report in C.C.No.886/2017 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara on the ground of settlement between the parties.
2. The petitioner is the accused. The 2nd respondent is the defacto complainant.
3. The offences alleged against the petitioner are punishable under Sections 323, 403, 498 A, 420 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. R. Chandrapraveen, the learned counsel for the petitioner, Sri. Anil P.V., the learned counsel for the respondent No.2 and Smt. T.V. Neema, the learned Senior 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.3623/2021 -:3:- 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 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 Crl.M.C.no.3623/2021 -:4:- by quashing the proceedings pursuant to Annexure A3. 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 A3 Final Report in C.C.No.886/2017 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp Crl.M.C.no.3623/2021 -:5:- APPENDIX OF CRL.MC 3623/2021 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE COMPLAINT BY CMP. NO.2238/2016 DATED 16.04.2016 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, NEYYATTINKARA AGAINST THIS PETITIONER AND 4 OTHERS.
Annexure A2 THE CERTIFIED COPY OF THE FIR BY NO.479/2016 DATED 22.04.2016 REGISTERED BY MARAYAMUTTOM POLICE STATION, ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, NEYYATTINKARA.
Annexure A3 THE CERTIFIED COPY OF THE FINAL REPORT FILED UNDER SEC 173 CRPC BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, NEYYATTINKARA.
Annexure A4 TRUE COPY OF THE PETITION FOR MUTUAL CONSENT BEFORE THE FAMILY COURT, NEDUMANGAD AS OP (DA) NO.566/2021 ON 21.04.2021.
Annexure A5 THE NOTARIZED AGREEMENT DATED 07.08.2021 EXECUTED BY THE 2ND RESPONDENT AND THE PETITIONER IN STAMP PAPER BY NO.DF-
356962.
Annexure A6 THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 07.08.2021.