High Court allowed Criminal MC to quash FIR in police case involving Sections 294, 323, 324, 498A and 506 IPC. Petitioners appealed settlement and de facto complainant decided not to proceed. Court quashed proceedings under S. 482 Cr.P.C as personal matter.
Crl.M.C. allowed; Annexure B FIR in Crime No.1456 of 2019 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 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944
CRL.MC NO. 430 OF 2021
Crime No.1456/2019 of Thodupuzha Police Station
PETITIONERS/ACCUSED:
AGED 37 YEARS S/O. SEBASTIAN, INCHANAL HOUSE, IDIVANNA, AKAMBADAM NILAMBUR, MALAPPURAM.
2 SEBASTIAN AGED 60 YEARS S/O. JOSEPH, INCHANAL HOUSE, IDIVANNA, AKAMBADAM NILAMBUR, MALAPPURAM. 3 BRIJITHA AGED 57 YEARS W/O. SEBASTIAN, INCHANAL HOUSE, IDIVANNA, AKAMBADAM NILAMBUR, MALAPPURAM.
BY ADV DOMSON J.VATTAKUZHY
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
R2 BY ADVS.BABY THOMAS
GEORGE T.J
R1 BY SRI M P PRASANTH- Public Prosecutor
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.430 of 2021
..2..
ORDER
This Crl.M.C. has been preferred to quash Annexure B FIR in Crime No.1456 of 2019 of Thodupuzha Police Station.
Crl.M.C.No.430 of 2021
..3..
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.
Crl.M.C.No.430 of 2021
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 B FIR in Crime No.1456 of 2019 of Thodupuzha Police Station stands hereby
quashed.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE
skj
Crl.M.C.No.430 of 2021
..5..
APPENDIX OF CRL.MC 430/2021
PETITIONERS' ANNEXURES ANNEXURE A TRUE COPY OF THE PRIVATE COMPLAINT MOVED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL MAGISTRATE COURT, THODUPUZHA. ANNEXURE B A TRUE COPY OF THE FIR IN CRIME NO.1456/2019 FILED BY THE THODUPUZHA POLICE STATION. ANNEXURE C A TRUE COPY OF THE OP(DIVORCE) NO.403/2019 FILED BEFORE THE FAMILY COURT, THODUPUZHA.
2 issues framed by the court
Whether High Court can quash non-compoundable offence proceedings under S. 482 Cr.P.C when parties amicably settled.
Whether quashing serves ends of justice given personal nature of dispute.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabFollowed¶31
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of PunjabFollowed¶31
Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi NarayanFollowed¶31
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
8 provisions across 2 enactments
Shibu
Sebastian
Brijitha
Anju Rani George
State of Kerala
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Kauser Edappagath
Parties & counsel
