High Court quashed criminal proceedings under S.482 Cr.P.C. on settlement between parties. Court held dispute personal, no public interest affected, offences non-compoundable post-Gian Singh.
Crl.M.C. allowed. All further proceedings pursuant to Annexure A1 FIR in Crime No.217/2022 of Vellarikundu Police Station quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 19TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA, 1944
CRL.MC NO. 5063 OF 2022
CRIME NO.217/2022 OF Vellarikundu Police Station, Kasargod PETITIONER/ACCUSED 1 TO 3:
1 MANEESH S.K AGED 37 YEARS SON OF SUKUMARAN,RESIDING AT KUZHIKKANDATHIL HOUSE, NATTAKKALLU, WEST ELERI VILLAGE,KASARAGOD DISTRICT, PIN - 671534
2 SUKUMARAN AGED 67 YEARS SON OF KUMARAN, RESIDING AT KUZHIKKANDATHIL HOUSE, NATTAKKALLU, WEST ELERI VILLAGE, KASARAGOD DISTRICT, PIN - 671534
3 SOUDAMINI AGED 62 YEARS RESIDING AT KUZHIKKANDATHIL HOUSE, NATTAKKALLU, WEST ELERI VILLAGE, KASARAGOD DISTRICT, PIN - 671534 BY ADVS.T.MADHU C.R.SARADAMANI SHAHID AZEEZ RESHMA SANTHOSH RENJISH S. MENON
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
Crl.M.C.No.5063/2022
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3 ANITHA N AGED 29 YEARS WIFE OF MANEESH S.K. & DAUGHTER OF NARAYANAN, RESIDING AT KUZHIKKANDATHIL HOUSE, NATTAKKALLU, WEST ELERI VILLAGE, KASARAGOD DISTRICT, PIN - 671534
BY SMT. T.V. NEEMA, SR.PUBLIC PROSECUTOR SRI. THOMAS JOHN P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5063/2022
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O R D E R
Dated this the 19th day of December, 2022
This Crl.M.C. has been preferred to quash all further proceedings pursuant to Annexure A1 FIR in Crime No.217/2022 of Vellarikundu Police Station on the ground of settlement between the parties.
Crl.M.C.No.5063/2022
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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 she reported that the matter was amicably settled.
Crl.M.C.No.5063/2022
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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. All further proceedings pursuant to Annexure A1 FIR in Crime No.217/2022 of Vellarikundu Police Station hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
Crl.M.C.No.5063/2022
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APPENDIX OF CRL.MC 5063/2022
PETITIONER ANNEXURES
Annexure1 THE CERTIFIED COPY OF THE FIR DATED 02/03/2022 IN CRIME NO.217/2022 OF VELLARIKUNDU POLICE STATION Annexure A2 THE AFFIDAVIT DATED 01/07/2022 SWORN IN BY THE THIRD RESPONDENT
3 issues framed by the court
Whether a criminalMiscellaneouse petition is maintainable to quash proceedings under Section 482 of Cr.P.C. on ground of settlement despite offences being non-compoundable.
Whether the dispute is personal in nature and quashing would not adversely affect public interest or harmony.
Whether quashing is warranted to prevent abuse of process of court.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶31
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersRelied on¶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 Narayan and OthersRelied on¶31
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
1 provisions across 1 enactments
MANEESH S.K
SUKUMARAN
SOUDAMINI
STATE OF KERALA
THE STATION HOUSE OFFICER VELLARIKUNDU
ANITHA N
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
KAUSER EDAPPAGATH
Parties & counsel
