The High Court of Kerala allowed a criminal miscellaneous petition to quash the Final Report in a case involving sections 498A IPC and Section 66E of IT Act. Finding the dispute personal and amicably settled, the court held no purpose would be served in further proceedings.
The Crl.M.C. is allowed; the Final Report in C.C.No.430/2022 is hereby 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. 196 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
CRL.MC NO. 196 OF 2023
CRIME NO.1285/2021 OF Edathala Police Station, Ernakulam
AGAINST CC 430/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
ALUVA
PETITIONER:
NITHIN ANTONY, AGED 23 YEARS
S/O P.J CHRISTOPHER, PULIKKIL HOUSE,
KUMBALANGI P.O, ERNAKULAM-, PIN - 682007
BY ADVS.
SIBI THOMAS JACOB
BLAISE JOSEPH
RESPONDENTS:
1STATE OF KERALA
REPRESENTED PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHIN, PIN - 682031
2ABINANDHA G, AGED 21 YEARS, D/O P.A GEORGE,
PEZHAPPILLY, ASOKAPURAM P.O, ALUVA,
ERNAKULAM, PIN - 683101
BY ADVS.
R1 BY SRI.P.G.MANU-SR.PUBLIC PROSECUTOR
R2 BY SRI.SAQIB RIZWAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 196 OF 2023
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O R D E R
This Crl.M.C. has been preferred to quash Annexure 2 Final
Report in C.C.No.430/2022 on the file of the Judicial First Class
Magistrate Court I, Aluva on the ground of settlement between the parties.
de facto complainant.
under Sections 498A, 323, 294(b) and 506(i) of IPC and Section 66E of the Information Technology Act, 2000.
An affidavit sworn in by her is also produced.
for the petitioner, Sri.Saqib Rizwan, the learned counsel for the respondent No.2 and Sri.P.G.Manu, the learned Senior Public Prosecutor.
CRL.MC NO. 196 OF 2023
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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.
(4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab 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. 196 OF 2023
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nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure 2 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 2 Final Report in
C.C.No.430/2022 on the file of the Judicial First Class Magistrate
Court I, Aluva hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
ab
CRL.MC NO. 196 OF 2023
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APPENDIX OF CRL.MC 196/2023
PETITIONER ANNEXURES
Annexure 1A TRUE COPY OF THE FIR IN CRIME NO.
1285/2021 OF EDATHALA POLICE STATION,
ERNAKULAM RURAL
Annexure 2CERTIFIED COPY OF THE FINAL REPORT IN CC
NO. 430/2022 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE-I, ALUVA
Annexure 3A TRUE COPY OF OP 700/2022 ON THE FILES OF
THE HON'BLE FAMILY COURT, ERNAKULAM
Annexure 4AFFIDAVIT FILED BY THE 2ND RESPONDENT
RESPONDENTS ANNEXURES: NIL
2 issues framed by the court
Whether criminal proceedings can be quashed under Section 482 Cr.P.C. despite allegations under non-compoundable sections when the dispute is amicably settled.
Whether the personal nature of the dispute and settlement between parties warrants quashing the FIR and final report.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶36
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh v. State of PunjabReferred¶37
Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi NarayanReferred¶38
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
4 provisions across 3 enactments
NITHIN ANTONY
STATE OF KERALA
ABINANDHA G
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court