The High Court of Kerala allowed a Criminal Miscellaneous case to quash the final report in a criminal charge. The Court held that despite the offences being non-compoundable, the dispute was personal, settled amicably, and quashing was warranted to ensure the ends of justice.
The Criminal Misc. Case is allowed and the Final Report in C.C. No. 3241/2019 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
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
CRL.MC NO. 5541 OF 2022
CRIME NO.2299/2017 OF CHINGAVANAM POLICE STATION, KOTTAYAM PETITIONERS/ACCUSED 1 TO 5:
1 JAINRAJ M AGED 27 YEARS S/O MARIAPPAN, MARUMALAYIL HOUSE, CHILANTHIYAR, KOTTAKAMBOOR P.O, IDUKKI DISTRICT,, PIN - 685615
2 PRADEEP K PRASAD AGED 27 YEARS S/O K.C. PRASAD, KUTTYILAVIL VEEDU, KADUKULAM, VELLAVOOR VILLAGE, KULATHOOR PRAYAR, KOTTAYAM,, PIN - 686541
3 ARAVIND E.V AGED 25 YEARS S/O VIJAYAN, EDAPARMBIL VEEDU, NEAR CHANTHAKAVALA BHAGOM, KUMARAKOM, KOTTAYAM., PIN - 686563
4 AKHIL CHANDRAN AGED 25 YEARS S/O CHANDRAN, ANJALI BHAVAN, NEELAMPERUR VILLAGE, CHOORAKKADU PO., ALAPPUZHA, PIN - 686532
5 SARATH SASI AGED 26 YEARS S/O SASI, VADAKKEKARA VEEDU, PAYANITHOTTAM, POONJAR SOUTH P.O., KOTTAYAM, PIN - 686508
BY ADVS. S.A.ANAND NINU M.DAS SHONE GEORGE
CRL.MC NO. 5541 OF 2022
2
BINEESH KODIYERI
RESPONDENTS/DEFACTO COMPLAINANT, CW2 & STATE:
1 ARATHI SAJI AGED 26 YEARS D/O SAJI KUMAR, LAHAMALAYIL, . MUVATTUPUZHA VILLAGE, ANIKKAD, ERNAKULAM, PIN - 686503
2 ATHMAJA A.B AGED 25 YEARS D/O BIJU A.K, KOVILAKAM HOUSE, NEELAMPEROOR VILLAGE, CHERUKARA, NEAR NJANESWARAM KSHETHRAM, ALAPPUZHA,, PIN - 686534
3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV VISHNU V.K. SMT.T.V.NEEMA, SR.P.P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
CRL.MC NO. 5541 OF 2022
O R D E R
This Crl.M.C. has been preferred to quash Annexure A
Final Report in CC No.3241/2019 on the file of the Judicial First Class Magistrate Court-I, Changanassery arising from Crime No.2299/2017 of Chingavanam Police Station on the ground of settlement between the parties.
1st respondent is the de facto complainant. The 2nd respondent is the injured.
for the petitioners, Sri.Vishnu V.K., the learned counsel for 1st and 2nd respondents and Smt.T.V.Neema, the learned
4
CRL.MC NO. 5541 OF 2022
Senior Public Prosecutor.
5
CRL.MC NO. 5541 OF 2022
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.
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-A Final Report in C.C.No.3241/2019 on the file
of the Judicial First Class Magistrate Court-I,
CRL.MC NO. 5541 OF 2022
6
Changanassery arising from Crime No.2299/2017 of Chingavanam Police Station hereby stands quashed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
CRL.MC NO. 5541 OF 2022
7
APPENDIX OF CRL.MC 5541/2022
PETITIONERS' ANNEXURES
ANNEXURE A CERTIFIED COPY OF THE FINAL CHARGE IN C.C. NO. 3241/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHANGANACSSERY ARISING FROM CRIME NO.2299/2017 OF CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT
ANNEXURE B AFFIDAVIT OF THE DEFACTO COMPLAINANT STATING THAT SHE IS HAVING NO GRIEVANCE SUBSISTING AGAINST THE PETITIONERS AND THAT SHE DO NOT WANT TO PROCEED WITH THE CASE
ANNEXURE C AFFIDAVIT OF THE CW2 STATING THAT SHE IS HAVING NO GRIEVANCE SUBSISTING AGAINST THE PETITIONERS AND THAT SHE DO NOT WANT TO PROCEED WITH THE CASE
3 issues framed by the court
Whether criminal proceedings may be quashable under S. 482 Cr.P.C. despite the offences being non-compoundable once the dispute is settled.
Whether the High Court is justified in allowing the petition to quash the charge sheet on the ground of settlement and the absence of public interest.
Whether the quashing of proceedings would ensure the ends of justice and prevent abuse of process of the Court in the given facts.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
JAINRAJ M AND OTHERS
BINEESH KODIYERI
STATE OF KERALA
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
