Kerala High Court
Sujith Kumar vs State Of Kerala on 10 February, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 10TH DAY OF FEBRUARY 2022/ 21ST MAGHA, 1943
CRL.MC NO. 6601 OF 2021
C.C.No.1460/2020 on the file of the Judicial First Class Magistrate Court-I,
Nadapuram
CRIME No.770/2020 of Nadapuram Police Station
PETITIONERS/ACCUSED Nos.1 to 3:
1 SUJITH KUMAR,
AGED 37 YEARS
S/O. KUMARAN, PACHOLLATHIL HOUSE,
MUTHUVADATHOOR, PURAMERI, NADAPURAM, KOZHIKODE
DISTRICT 673 504.
2 SUJATHA,
W/O. KUMARAN, PACHOLLATHIL HOUSE,
MUTHUVADATHOOR, PURAMERI, NADAPURAM,
KOZHIKODE DISTRICT 673 504.
3 KUMARAN,
PACHOLLATHIL HOUSE, MUTHUVADATHOOR, PURAMERI,
NADAPURAM, KOZHIKODE DISTRICT 673 504.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 RAMYA,
D/O. RAJAN,
KULAMULLAPARAMBATH HOUSE,
KAVILUMPARAAMSOM, THOTTILAPLAM,
KOZHIKODE DISTRICT 673 513.
R2 BY BY ADV NAVANEETH D.PAI
R1 BY SMT T V NEEMA -SR Public Prosecutor
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C.No.6601 of 2021
..2..
ORDER
This Crl.M.C. has been preferred to quash Annexure A1 Final Report in C.C.No.1460/2020 on the file of the Judicial First Class Magistrate Court-I, Nadapuram on the ground of settlement between the parties.
2. The petitioners are the accused Nos.1 to 3. The 2nd respondent is the de facto complainant.
3. The offences alleged against the petitioners are under Sections 498A and 406 of the IPC.
4. The respondent No.2 entered appearance through counsel. An affidavit sworn in by her is also produced.
5. I have heard Sri.K.Mohanakannan, the learned counsel for the petitioners, Sri.Naveenth.D.Pai, the learned counsel for the respondent No.2 and Smt.T.V.Neema, the learned Senior Public Prosecutor for the respondent No.1.
6. The averments in the petition as well as in the affidavit sworn in by the respondent No.2 would show that the entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with Crl.M.C.No.6601 of 2021 ..3..
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 by quashing the proceedings pursuant to Annexure A1 Final Report in C.C.No.1460/2020 on the file of the Judicial First Crl.M.C.No.6601 of 2021 ..4..
Class Magistrate Court-I, Nadapuram. 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.1460/2020 on the file of the Judicial First Class Magistrate Court-I, Nadapuram stands hereby quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE skj Crl.M.C.No.6601 of 2021 ..5..
APPENDIX OF CRL.MC 6601/2021 PETITIONERS' ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 1460/2020 DATED 11/1/2020 FILED BEFORE JUDICIAL IST CLASS MAGISTRATE COURT, NADHAPURAM IN CRIME NO.
770/2020 OF NADAPURAM POLICE STATION. Annexure A2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINT DATED 11/11/2021.