The High Court of Kerala allowed the quashing of criminal proceedings under S.482 Cr.P.C. following a settlement between the parties in a matrimonial dispute involving offences under Sections 498A and 506 IPC, holding that no public interest was adversely affected.
The Crl.M.C. No. 183/2023 is allowed and the Annexure A2 Final Report in C.C. No. 243/2021 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 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
CRL.MC NO. 183 OF 2023
CRIME NO.1376/2020 OF Viyyur Police Station, Thrissur CC 243/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I,THRISSUR
PETITIONERS/ACCUSED:
1 PRIYADHARSAN, AGED 33 YEARS,S/O MOHANAN THATTANPARAMBIL HOUSE,EAST PUTHANVETTUVAZHY, THRISSUR EAST PO, THRISSUR TALUK THRISSUR DISTRICT, PIN - 680005
2 MOHANAN, AGED 64 YEARS, S/O. SANKUNNY, THATTANPARAMBIL HOUSE, EAST PUTHANVETTUVAZHY, THRISSUR EAST PO, THRISSUR TALUK THRISSUR DISTRICT, PIN - 680005
BY ADVS.PRABHU K.N.
MANUMON A.
RESPONDENTS/DEFACTO COMPLAINANT & COMPLAINANT:
1 CHIPPY, AGED 28 YEARS, D/O SURENDRAN KAINOOR HOUSE, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, ERAVIMANGALAM P.O, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680751
SMT. T.V. NEEMA, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.183/2023
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O R D E R
Dated this the 20th day of January, 2023
This Crl.M.C. has been preferred to quash Annexure A2 Final Report in C.C.No.243/2021 on the file of the Judicial First Class Magistrate Court-I, Thrissur on the ground of settlement between the parties.
Crl.M.C.No.183/2023
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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.183/2023
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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. Annexure A2 Final Report in C.C.No.243/2021 on the file of the Judicial First Class Magistrate Court-I, Thrissur hereby stands quashed.
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
Crl.M.C.No.183/2023
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APPENDIX OF CRL.MC 183/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1376 OF 2020 OF VIYOOR POLICE STATION, THRISSUR DISTRICT DATED 21.12.2020 Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.243 OF 2021 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT I, THRISSUR ARISING OUT OF CRIME NO.1376 OF 2020 OF VIYYOOR POLICE STATION, THRISSUR DISTRICT DATED 23.02.2021 Annexure3 THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT/DE-FACTO COMPLAINANT DATED 31-12.2022
2 issues framed by the court
Whether the High Court can quash criminal proceedings under S.482 Cr.P.C. in a non-compoundable offence involving matrimonial disputes where the parties have amicably settled.
Whether the settlement between the parties warrants quashing the proceedings to ensure the ends of justice and prevent abuse of process.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶31
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersExplained¶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 OthersExplained¶31
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
3 provisions across 2 enactments
PRIYADHARSAN
MOHANAN
CHIPPY
STATE OF KERALA
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
DR. KAUSER EDAPPAGATH
Parties & counsel
