Vijesh vs State Of Kerala

Dr. Kauser Edappagath, J

This Crl.M.C. has been preferred to quash Annexure-A1 Final Report in Crime No.157/2021 of Adoor Police Station, Pathanamthitta District pending as C.C.No.1276/2021 on the files of the Judicial First Class Magistrate Court, Adoor on the ground of settlement between the parties.

The petitioners are the accused Nos.1 to 4. The 3rd respondent is the de facto complainant. The 4th respondent is the injured.

The offences alleged against the petitioners are punishable under Sections 447, 294(b), 354D, 506(i) and r/w 34 of IPC.

The 3rd and 4th respondents entered appearance through counsel. An affidavit sworn in by them is also produced.

I have heard Sri.Manu Ramachandran, the learned counsel for the petitioners, Sri.Ansu Varghese, the learned counsel for respondents 3 and 4 and Sri.P.G.Manu, the learned Senior Public Prosecutor.

The averments in the petition as well as the affidavit sworn in by respondents 3 and 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 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 they 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 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.

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 Final Report in Crime No.157/2021 of Adoor Police Station, Pathanamthitta District pending as C.C.No.1276/2021 on the files of the Judicial First Class Magistrate Court, Adoor hereby stands quashed.