The Court allowed a Criminal Miscellaneous petition to quash a charge sheet under Section 482 of Cr.P.C in a case involving Section 498A IPC, holding that the personal nature of the dispute and the settled dispute between parties warranted quashing.
Criminal Misc. Case allowed; Annexure 1 Final Report in C.C.No.364/2019 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.
CRL.MC NO. 6024 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA,
1944
CRL.MC NO. 6024 OF 2022
CRIME NO.1601/2018 OF Narakkal Police Station, Ernakulam
C.C.NO.364/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
NJARAKKAL
PETITIONERS/ACCUSED:
1 GEORGE ROBY, AGED 39 YEARS S/O.JAMES, THUNDIYIL HOUSE, KARTHEDAM, MALIPURAM P.O., ERNAKULAM DISTRICT., PIN - 6825112 MARY, AGED 74 YEARS WIFE OF JAMES, THUNDIYIL HOUSE, KARTHEDAM, MALIPURAM P.O., ERNAKULAM DISTRICT., PIN - 6825113 NOBI GEROGE, AGED 41 YEARS SON OF JAMES, CHALA HOUSE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT., PIN - 6825034 WINCY, AGED 34 YEARS WIFE OF NOBI, CHALA HOUSE, NAYARAMBALAM P.O., ERNAKULAM DISITRICT., PIN - 682503BY ADV C.P.PEETHAMBARAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 6820312 LIBINA LOUIS, AGED 25 YEARS, D/O.LOUIS, KAYATHARA HOUSE, ST. AUGUSTINE KAPELA, ODONAL ROAD, SOUTH CHITTOOR, CHERANELLOOR P.O., KOCHI, ERNAKULAM DISTRICT, PIN - 682027 BY ADVS.R1 BY SRI.P.G.MANU-SR.PUBLIC PROSECUTOR R2 BY SRI.M.X.ANTONY LIJOTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6024 OF 2022
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O R D E R
This Crl.M.C. has been preferred to quash Annexure 1 Final
Report in C.C.No.364/2019 on the file of the Judicial First Class
Magistrate Court, Njarakkal on the ground of settlement between the parties.
respondent is the de facto complainant.
punishable under Sections 498A and 323 r/w 34 of IPC.
counsel. An affidavit sworn in by her is also produced.
for the petitioners, Sri.M.X.Antony Lijo, the learned counsel for the
respondent No.2 and Sri.P.G.Manu, the learned Senior Public Prosecutor.
CRL.MC NO. 6024 OF 2022
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sworn in by the respondent No.2 would show 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.
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. 6024 OF 2022
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nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure 1 Final Report. 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.364/2019 on the file of the Judicial First Class Magistrate
Court, Njarakkal hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
ab
CRL.MC NO. 6024 OF 2022
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APPENDIX OF CRL.MC 6024/2022
PETITIONER ANNEXURES
Annexure1CERTIFIED COPY OF CHARGE SHEET IN C.C.
NO. 364/2019 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, NJARAKKAL .
Annexure2AFFIDAVIT DATED 27/4/2022 SWORN BY THE
2ND RESPONDENT.
RESPONDENTS ANNEXURES: NIL
3 issues framed by the court
Whether criminal proceedings under Section 498A IPC can be quashed on the ground of settlement between parties.
Whether the dispute is personal in nature and quashing would not adversely affect public interest.
Whether the offences fall within categories prohibited for compounding under Apex Court pronouncements.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
GEORGE ROBY
MARY
Nobi GeroGeorge
WINCY
STATE OF KERALA
LIBINA LOUIS
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court