T.V.Balan vs State Of Kerala

Dr. Kauser Edappagath, J

This Crl.M.C. has been preferred to quash Annexure A2 Final Report in Crime No.79/2019 of Chandera Police Station on the ground of settlement

between the parties.

The petitioners are the accused Nos.1 and 2. The 2nd respondent is the de facto complainant and respondent Nos.3 and 4 are the injured.

The offences alleged against the petitioners are under Sections 294(b), 324, 323, 354, 452 and 506(1) r/w 34 of IPC.

The respondent Nos.2 to 4 entered appearance through counsel. The affidavits sworn in by them are also produced.

I have heard Sri.Rahul Sasi, the learned counsel for the petitioners, Sri.Nirmal V.Nair, the learned counsel for the respondent Nos.2 to 4 and

Smt.T.V.Neema, the learned Senior Public Prosecutor.

The averments in the petition as well as the affidavit sworn in by the respondent Nos.2 to 4 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 crime 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 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 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 A2 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 further. Accordingly, the Crl.M.C. is

allowed. Annexure A2 Final Report in Crime No.79/2019 of Chandera Police Station stands hereby quashed.