This criminal miscellaneous case allowed a petition to quash a Final Report in C.C. No. 1249/2016 regarding an offence under Section 119(1)(b) of the Kerala Police Act, relying on the Supreme Court's precedents to permit quashing after a complete settlement.
The Crl.M.C. No. 4153 of 2022 is allowed and the Final Report in C.C. No. 1249/2016 is 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
THURSDAY, THE 20TH DAY OF OCTOBER 2022/ 28TH ASWINA, 1944
CRL.MC NO. 4153 OF 2022
CRIME NO.2242/2015 OF Thrissur West Police Station CC 1249/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
THRISSUR
PETITIONER/ACCUSED:
ASWATHI MOHAN AGED 26 YEARS D/O MOHAN, R/O: ALAKKAPARAMBIL HOUSE, POOTHOLE DESOM, THRISSUR -680004 ALSO AT: R/O: RZ 374 F1 BLOCK, GALI NO. 2, MAHAVIR ENCLAVE, NEW DELHI, PIN – 110086 BY ADV T.A.PRAKASH
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031. (CRIME NO. 2242 OF 2015 OF THRISSUR WEST POLICE STATION, THRISSUR DISTRICT) 2 A.K.BABURAJ AGED 61 YEARS S/O KRISHNANKUTTTY, HOUSE NO. TC 20/313, ALIL HOUSE, SANKARAIYER ROAD, NEAR THRISSUR RAILWAY STATION, POOTHOLE DESOM, THRISSUR., PIN - 680004
BY ADV SUMODH MADHAVAN NAIR OTHER PRESENT: SMT.T.V.NEEMA Sr. Public Prosecutor THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4153 of 2022
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ORDER
This Crl.M.C. has been preferred to quash Annexure-A2 Final Report in C.C.No.1249/2016 on the file of the Judicial First Class Magistrate Court-II, Thrissur on the ground of settlement between the parties.
Crl.M.C.No.4153 of 2022
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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 he reported that the matter was amicably settled.
Crl.M.C.No.4153 of 2022
First Class Magistrate Court-II, Thrissur. 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).
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-A2 Final Report in C.C.No.1249/2016 on the file of the Judicial First Class Magistrate Court-II, Thrissur hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
skj
Crl.M.C.No.4153 of 2022
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APPENDIX OF CRL.MC 4153/2022
| PETITIONER'S AN | NEXURES |
|---|---|
| Annexure-A1 | A CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. |
| 2242/2015 DATED 09.11.2015 OF THRISSUR WEST POLICE STATION. |
|
| Annexure-A2 | CERTIFIED COPY OF THE CHARGE SHEET NO. |
| 517/2016 DATED 04.03.2016 IN CRIME NO. | |
| 2242 OF 2015 AND PENDING CONSIDERATION | |
| BEFORE THE JFCM NO. II, THRISSUR | |
| Annexure-A3 | TRUE COPY OF THE COMPROMISE AGREEMENT DATED 16.10.2020 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT/DE FACTO COMPLAINANT |
| Annexure-A4 | ORIGINAL AFFIDAVIT DATED 19.03.2022 SWORN BY THE DE FACTO COMPLAINANT/2ND RESPONDENT. |
3 issues framed by the court
Whether criminal proceedings under Section 119(1)(b) of Kerala Police Act can be quashed under Section 482 of Cr.P.C. after a settlement between the parties.
Whether quashing the proceedings serves the ends of justice given the personal nature of the dispute.
Whether the offence falls outside the prohibited category for compounding as articulated by the Apex Court.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶25
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersReferred¶25
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 OthersReferred¶25
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
3 provisions across 2 enactments
Aswathi Mohan
State of Kerala
A.K. Baburaj
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
