Allowed

Nisha Rajan v. State of Kerala

Kerala HC14 Dec 2022Crl.MC/1141/2022

Case brief

AI extract

What is this about?

{RTL}This criminal miscellaneous petition was filed to quash a charge sheet based on a settlement between the parties. The High Court allowed the petition, holding that the personal nature of the dispute and the settlement warranted quashing the proceedings under Section 482 Cr.P.C. to prevent abuse of process.

What did the court decide?

The Crl.M.C. is allowed and the Final Report in C.C.No.1563/2010 on the file of the Judicial First Class Magistrate Court I, Kottarakkara stands quashed.

Nisha Rajan Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2022)

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CRL.MC NO. 1141 OF 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944

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CRL.MC NO. 1141 OF 2022

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CRIME NO.889/2010 OF Kottarakkara Police Station, Kollam CC 1563/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,KOTTARAKKARA

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PETITIONER:

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NISHA RAJAN, AGED 31 YEARS
D/O. SOMARAJAN PILLAI, NANDANATHIL VEEDU,
PANDHAPILAVU, PATTAZHI, KOLLAM DISTRICT-691522.

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BY ADVS.
K.G.RADHAKRISHNAN
R.S.MAHESH KRISHNA

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RESPONDENTS:

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1STATE OF KERALA

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REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2DILIPKUMAR, AGED 41 YEARS
S/O. NALANDAN NAIR, SREESYLATHIL, MALAPPARA,
PUVATOOR, PADINJAREMURI, KULAKKADA VILLAGE,
KOLLAM DISTRICT-695561.
3NALEENDRAN NAIR, AGED 71 YEARS
S/O. SANKARAN NAIR, SREESYLATHIL, MALAPPARA,
PUVATOOR, PADINJAREMURI, KULAKKADA VILLAGE,
KOLLAM DISTRICT-695561.

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4SHYAMALA, AGED 61 YEARS
D/O. EESWARIYAMMA, SREESYLATHIL, MALAPPARA,
PUVATOOR, PADINJAREMURI, KULAKKADA VILLAGE, KOLLAM
DISTRICT-695561.

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R1 BY SMT.T.V.NEEMA-SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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14.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 1141 OF 2022

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O R D E R

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This Crl.M.C. has been preferred to quash Annexure A1 Final

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Report in C.C.No.1563/2010 on the file of the Judicial First Class Magistrate Court I, Kottarakkara on the ground of settlement between the parties.

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The petitioner is the de facto complainant. The respondent Nos.2 to 4 are the accused.

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The offence alleged against the accused are punishable

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under Section 498A r/w 34 of IPC.

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I have heard Sri.K.G.Radhakrishnan, the learned counsel

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for the petitioner/de facto complainant and Smt.T.V.Neema, the learned Senior Public Prosecutor.

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The averments in the petition 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.

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The Apex Court in Gian Singh v. State of Punjab [2012

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CRL.MC NO. 1141 OF 2022

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(4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab

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and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh v.

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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.

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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.

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The offence in question does 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).

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For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further.

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CRL.MC NO. 1141 OF 2022

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Accordingly, the Crl.M.C. is allowed. Annexure A1 Final Report in

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C.C.No.1563/2010 on the file of the Judicial First Class Magistrate

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Court I, Kottarakkara hereby stands quashed.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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CRL.MC NO. 1141 OF 2022

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APPENDIX OF CRL.MC 1141/2022

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PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE CHARGE SHEET DATED
28.4.2010 IN CRIME NO.889/2010 OF THE
KOTTARAKKARA POLICE STATION AS
C.C.NO.1563/2010 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
KOTTARAKKARA.

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RESPONDENTS ANNEXURES: NIL

Nisha Rajan v. State of Kerala

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Nisha Rajan v. State of Kerala

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