In Crl.M.C. No. 2075 of 2021, the Kerala High Court allowed the petition to quash the Final Report in C.C. No. 81/2021. The court held that since the dispute was personal and amicably settled, no purpose would be served in proceeding further, applying Supreme Court precedents on S.482 Cr.P.C.
Crl.M.C. allowed; Annexure-1 Final Report in C.C. No. 81/2021 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,
1944
CRL.MC NO. 2075 OF 2021
CRIME NO.903/2020 OF MEDICAL COLLEGE POLICE STATION,
THRISSUR
CC 81/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT,
VADAKKANCHERRY
PETITIONER/ACCUSED:
SURESH BABU AGED 45 YEARS S/O.LATE C.K.VELAYUDHAN, CHAKKALATH HOUSE, PALLURUTHY.P.O, ERNAKULAM, PIN-682006.
BY ADV MILLU DANDAPANI
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
3 NIMNA.K.S D/O.SREERAMAN.K.K, KOCHERY HOUSE, MAPRANAM, MADAYIKONAM P.O, THRISSUR, PIN-680712.
BY ADV.LOLA K.B, SMT.T.V.NEEMA, SR.P.P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 25.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2075 OF 2021
..2..
O R D E R
This Crl.M.C. has been preferred to quash
Annexure-1 Final Report in C.C.No.81 of 2021 on the
files of the Judicial First Class Magistrate Court, Wadakkanchery on the ground of settlement between the parties.
are punishable under Sections 323 and 341 of IPC.
counsel. An affidavit sworn in by her is also produced.
learned counsel for the petitioner, Smt.Lola K.B., the learned counsel for the 3rd respondent and Smt.T.V.Neema, the learned Senior Public Prosecutor.
CRL.MC NO. 2075 OF 2021
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 she reported that the matter was amicably settled.
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.
CRL.MC NO. 2075 OF 2021
..4..
personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure-1. 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-1 Final Report in C.C.No.81 of 2021 on the files of the Judicial First Class Magistrate
Court, Wadakkanchery hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH , JUDGE
AS
CRL.MC NO. 2075 OF 2021
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APPENDIX OF CRL.MC 2075/2021
PETITIONER'S ANNEXURES:
ANNEXURE 1 THE CERTIFIED COPY OF THE CHARGE SHEET FILED BY THE 2ND RESPONDENT IN C.C.NO.81/2021 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, WADAKKANCHERY ANNEXURE 2 THE COPY OF THE AFFIDAVIT DATED 27.03.2021 SIGNED BY THE 3RD RESPONDENT.
3 issues framed by the court
Whether criminal proceedings under Sections 323 and 341 of IPC can be quashed under S.482 Cr.P.C. due to settlement despite the offence being non-compoundable.
Whether the personal nature of the dispute justifies quashing the proceedings.
Whether quashing the proceedings would serve the ends of justice.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabFollowed¶36
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersFollowed¶36
Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersFollowed¶36
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
3 provisions across 2 enactments
Suresh Babu
State of Kerala
Nimna K.S
K. Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
