The Kerala High Court allowed a criminal miscellaneous petition to quash a Final Report. The court held that even for non-compoundable offences, proceedings can be quashed under Section 482 Cr.P.C. when parties have settled personal disputes and proceeding would serve no purpose.
Annexure-A2 Final Report in C.C.No.716/2022 is quashed and criminal proceedings stopped.
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 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
CRL.MC NO. 12 OF 2023
CRIME NO.134/2022 OF KOLLAM EAST POLICE STATION, KOLLAM CC 716/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KOLLAM
PETITIONERS 1 TO 3/ACCUSED 1 TO 3:
1 ASOKAN AGED 61 YEARS, S/O.NANU, THUNDIL VEEDU, VAIDYASALA NAGAR-396, ASRAMAM CHERI, KOLLAM EAST VILLAGE, ASRAMAM PO, KOLLAM., PIN - 691002
2 AMBILI AGED 55 YEARS W/O ASOKAN, THUNDIL VEEDU, VAIDYASALA NAGAR-396, ASRAMAM CHERI, KOLLAM EAST VILLAGE, ASRAMAM PO, KOLLAM., PIN - 691002
3 AJIKUMAR AGED 31 YEARS S/O ASOKAN, THUNDIL VEEDU, VAIDYASALA NAGAR-396, ASRAMAM CHERI, KOLLAM EAST VILLAGE, ASRAMAM PO, KOLLAM., PIN - 691002
BY ADVS. C.R.JAYAKUMAR NOBEL RAJU RAJ CAROLIN V.
RESPONDENTS/STATE & COMPLAINANTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
CRL.MC NO. 12 OF 2023
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2 THE STATION HOUSE OFFICER KOLLAM WEST POLICE STATION, KAVANAD PO, KOLLAM DISTRICT., PIN - 691013 3 ANJANA AGED 25 YEARS D/O SHYLAJA, THUNDIL VEEDU, VAIDYASALA NAGAR-397, ASRAMAM CHERI, KOLLAM EAST VILLAGE, ASRAMAM PO, KOLLAM., PIN - 691002
4 MADHUSOODANAN AGED 63 YEARS S/O GOPALAN, VARIYAKUZHI VEEDU, VELINALLOOR VILLAGE, KARINGANNOOR PO, KOLLAM DISTRICT., PIN - 691516
5 SHYLAJA AGED 45 YEARS W/O SUDARSANAN, THUNDIL VEEDU, VAIDYASALA NAGAR-397, ASRAMAM CHERI, KOLLAM EAST VILLAGE, ASRAMAM PO, KOLLAM., PIN - 691002
BY ADVS. SRI.P.G.MANU, SR.PUBLIC PROSECUTOR SRI.B.SIBI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 12 OF 2023
O R D E R
This Crl.M.C. has been preferred to quash Annexure-A2 Final Report in C.C.No.716/2022 on the files of the Judicial First Class Magistrate Court-II, Kollam on the ground of settlement between the parties.
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CRL.MC NO. 12 OF 2023
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 them reported that the matter was amicably settled.
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CRL.MC NO. 12 OF 2023
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.716/2022 on the files of the Judicial First Class Magistrate Court-II, Kollam hereby stands quashed.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE
AS
CRL.MC NO. 12 OF 2023
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APPENDIX OF CRL.MC 12/2023
PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FIR NO. 134/2022 OF KOLLAM EAST POLICE STATION, KOLLAM ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CC NO. 716/2022 ON THE FILES OF LEARNED JUDICIAL FIRST-CLASS MAGISTRATE COURT-II, KOLLAM. ANNEXURE A3 THE AFFIDAVIT PREPARED BY THE 3RD RESPONDENT DATED 30/12/2022. ANNEXURE A4 THE AFFIDAVIT PREPARED BY THE 4TH RESPONDENT DATED 30/12/2022. ANNEXURE A5 THE AFFIDAVIT PREPARED BY THE 5TH RESPONDENT DATED 30/12/2022.
3 issues framed by the court
Whether criminal proceedings under non-compoundable offences can be quashed under Section 482 Cr.P.C. on grounds of settlement between parties.
Whether quashing proceeds in interests of justice given the personal nature of the dispute.
Whether the ends of justice require discontinuation of the trial after pre-litigation settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶3
_Gian Singh v. State of Punjab_ [2012 (4) KLT 108]
Narinder Singh and Others v. State of Punjab and OthersExplained¶3
_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 OthersExplained¶3
_State of Madhya Pradesh v. Laxmi Narayan and Others_ [(2019) 5 SCC 688] · Who else cites this
3 provisions across 2 enactments
Asokan
Ambili
Ajikumar
State of Kerala
Anjana
Madhusoodanan
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
