Kevin Joseph vs State Of Kerala

Dr. Kauser Edappagath, J

This Crl.M.C. has been preferred to quash Annexure-A1 FIR in Crime No.743/2020 of Ernakulam Town North Police Station on the ground of settlement between the parties.

The petitioners are the accused Nos.1 to 4. The 2nd respondent is the de facto complainant.

The offences alleged against the petitioners are punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code.

The 2nd respondent entered appearance through counsel. An affidavit sworn in by her is also produced.

I have heard Adv.S.A.Sherly, the learned counsel for  the  petitioners,  Adv.C.A.Liney,  the  learned  counsel for the 2nd respondent and Smt.T.V.Neema, the learned Senior Public Prosecutor.

The averments in the petition as well as the affidavit sworn in by the 2nd respondent 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.

The Apex Court in Gian Singh v. State of Punjab [2012  (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 not with standing 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.

The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure-A1. 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-A1 FIR in Crime No.743/2020 of Ernakulam Town North Police Station hereby stands quashed.