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High Court of KeralaSingle JudgeQuashed; Annexure-A1 Final Report quashed; Crl....

CRL.MC NO. 6776 OF 2022

Case / Petition Number:CRL.MC NO. 6776 OF 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Dr. Kauser Edappagath
Judgment Date
2022-12-07
Court Decision / Holding
CRL.MC allowed. Annexure-A1 Final Report in S.C. No. 974 of 2021 on the file of the Additional Sessions Court-II, Manjeri, Malappuram District stands quashed.
Final Disposition
Quashed; Annexure-A1 Final Report quashed; Crl.M.C. allowed.

Parties to the Case

Appellants / Petitioners

  • Balan
  • Divin
  • Vishnudas
  • Sreekanth
  • Sunil Kumar
  • Vipindas
  • Anoop
  • Sakhilesh
  • Shankerdas
  • Abhijith
  • Arun

Respondents

  • State of Kerala
  • Inspector of Police, Kolathur Police Station, Malappuram District
  • Krishna Kiran
  • Sanal
  • Sharath
  • Pranav Lal
  • Lal Prasad
  • Sajitha
  • Prema
  • Lakshmi K.
  • Rejani K.
  • Chinju K.

Legal Representation & Advocates

Counsels for Petitioners

  • • C. Y. Vinod Kumar

Counsels for Respondents

  • • P. S. Prasobh
  • • P. G. Manu (Senior Public Prosecutor)

Case Synopsis & Summary

This CRL.MC concerns a petition filed by accused Nos.1 to 11 seeking to quash Annexure-A1 Final Report in SC No.974 of 2021 before the Additional Sessions Court-II, Manjeri. The petition rests on the ground that the dispute between the parties has been amicably settled and the de facto complainant states no further pursuit of the case. The offences alleged against the petitioners include IPC sections 143, 147, 148, 323, 324, 308, 506(i), 354, and 427 read with 149. The respondents 3 to 12 (de facto complainant and injured) filed affidavits asserting settlement, and the investigating officer reported the same. The court cites the Supreme Court decisions in Gian Singh v. State of Punjab, Narinder Singh v. State of Punjab, and State of Madhya Pradesh v. Laxmi Narayan to recognize that under Section 482 Cr.P.C the High Court can quash proceedings in relation to non-compoundable offences where the parties have settled, to serve ends of justice and prevent abuse of process. The matter is described as purely personal, with no public interest harmed by quashing. Consequently, the court holds that quashing is warranted, noting the offences do not fall within non-compoundable categories and thus Annexure-A1 is quashed, disposing of the case in favor of the petitioners.

Provisions of Law Cited

IPC: 143, 147, 148, 323, 324, 308, 506(i), 354, 427 r/w 149CrPC Section 482 (Power of High Court to quash criminal proceedings)CrPC Section 320 (Compounding of offences)

Legal Doctrines & Maxims

  • Ends of justice
  • Abuse of process of the court
  • Amicable settlement as a basis to quash non-compoundable offences under CrPC 482

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the entire dispute is of a personal nature and has been amicably settled between the accused and the injured parties. Since the de facto complainant has chosen not to proceed, and given the settlement, the offences involved are either compounded or non-public-interest affecting. Relying on Gian Singh, Narinder Singh, and Laxmi Narayan, they urge that the High Court can exercise its power under Section 482 Cr.P.C to quash the Final Report even if some offences are non-compoundable, to prevent abuse of process and to serve ends of justice.

Contentions of Respondents

The respondents acknowledge the amicable settlement, represented by affidavits from the de facto complainant and the injured and supported by the investigating officer. They contend that the decision to settle has been made, and there is no public interest harmed by quashing. The court is urged to consider the settlement and the lack of public harm as grounds to allow the quashing, while ensuring that the governing legal principles are satisfied.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab2012 (4) KLT 108 (SC)PositiveCited to support the proposition that High Courts can quash proceedings under CrPC 482 where parties settle, even for non-compoundable offences, to serve ends of justice.
Narinder Singh and Others v. State of Punjab and Others2014) 6 SCC 466PositiveCited as authority for quashing in light of settlement, reinforcing the ends-of-justice principle.
State of Madhya Pradesh v. Laxmi Narayan and Others2019) 5 SCC 688PositiveCited to corroborate the scope of 482 Cr.P.C. in allowing quashing due to settlement and ends of justice.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 7[TH] DAY OF DECEMBER 2022 / 16TH AGRAHAYANA,** ## **1944** **CRL.MC NO. 6776 OF 2022** **SC 974/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, MANJERI / II ADDITIONAL MACT, MANJERI** **PETITIONERS/ACCUSED NOS.1 TO 11:** **1 BALAN AGED 56 YEARS S/O JANAKI, MELEPPAATTUTHODI HOUSE, MELETHIL, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338 2 DIVIN AGED 23 YEARS S/O BALAN, MELEPPAATTUTHODI HOUSE, MELETHIL, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338 3 VISHNUDAS AGED 29 YEARS S/O DEVADAS, AMMAYATHINGAL HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338 4 SREEKANTH AGED 28 YEARS S/O NARAYANAN, NEDUMPARAMBIL HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338 5 SUNILKUMAR AGED 33 YEARS S/O BALAN, KADUKKASSERY HOUSE, KOLATHUR P.O., MANJERI, MALAPPURAM., PIN - 679338 6 VIPINDAS AGED 28 YEARS S/O MURALIDAS, MELEMANAKKATHODI HOUSE,** **CRL.MC NO. 6776 OF 2022** 2 ## **KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338** **7 ANOOP AGED 35 YEARS S/O SUBRAMANYAN, MANIYODATHIL HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338** |**8**|**SAKHILESH**| |---|---| ||**AGED 27 YEARS**| ||**S/O MANIKANTAN, KADUKKASSERY HOUSE,**| ||**PADINJARAKULAMB, KOLATHUR P.O., MANJERI,**| ||**MALAPPURAM, PIN - 679338**| |**9**|**SHANKERDAS**| ||**AGED 22 YEARS**| ||**S/O MOHANDAS, NELLATT HOUSE, PADINJARAKULAMB,**| ||**KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338**| |**10**|**ABHIJITH**| |---|---| ||**AGED 22 YEARS**| ||**S/O MOHANDAS, VATTAPARAMBIL HOUSE, PADINJARAKULAMB,**| ||**KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338**| |**11**|**ARUN**| ||**AGED 20 YEARS**| ||**S/O GOPALAKRISHNAN, MANAKKATHUTODI HOUSE,**| ||**PADINJARAKULAMB, KOLATHUR P.O., MANJERI,**| ||**MALAPPURAM, PIN - 679338**| **BY ADV C.Y.VINOD KUMAR** ## **RESPONDENTS/STATE, INVESTIGATING OFFICER & INJURED PERSONS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031**| |**2**|**INSPECTOR OF POLICE**| ||**KOLATHUR POLICE STATION,**| ||**VALANCHERRY - NILAMBUR ROAD, KOLATHUR,**| **CRL.MC NO. 6776 OF 2022** 3 ## **MANJERI, MALAPPURAM, PIN - 679338** **3 KRISHNA KIRAN AGED 23 YEARS, S/O RAMAKRISHNAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338** **4 SANAL AGED 22 YEARS S/O UNNIKRISHNAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338 5 SHARATH AGED 21 YEARS S/O KUNJAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338 6 PRANAV LAL AGED 22 YEARS S/O PARAMESWARAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338 7 LAL PRASAD AGED 29 YEARS S/O PARAMESWARAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338** **8 SAJITHA AGED 50 YEARS W/O KUNJAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338** - **9 PREMA AGED 50 YEARS W/O SETHU, KOOMULLIKKALAM HOUSE, KOLATHUR P.O,** **CRL.MC NO. 6776 OF 2022** 4 **MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338** **10 LAKSHMI K. AGED 50 YEARS W/O CHATHAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338** **11 REJANI K. AGED 44 YEARS W/O VELAYUDHAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338** **12 CHINJU K. AGED 32 YEARS W/O AJAYAKUMAR, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338** **BY ADV P.S.PRASOBH** ## **OTHER PRESENT:** **SRI P G MANU-SR PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **CRL.MC NO. 6776 OF 2022** 5 ## **O R D E R** This Crl.M.C. has been preferred to quash Annexure-A1 Final Report in S.C.No.974 of 2021 on the files of the Additional Sessions Court-II, Manjeri, Malappuram District on the ground of settlement between the parties. 2. The petitioners are the accused Nos.1 to 11. The 3[rd] respondent is the de facto complainant. The respondent Nos.4 to 12 are the injured. 3. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 323, 324, 308, 506(i), 354, 427 r/w 149 of IPC. 4. The respondents 3 to 12 entered appearance through counsel. Affidavits sworn in by them are also produced. 5. I have heard Sri.C.Y.Vinod Kumar, the learned counsel for the petitioners, Sri.P.S.Prasobh, the learned counsel for the respondents 3 to 12 and Sri.P.G.Manu, the learned Senior Public Prosecutor. 6. The averments in the petition as well as the affidavits sworn in by the respondents 3 to 12 would show that the entire dispute between the parties has been amicably settled and the _de_ **CRL.MC NO. 6776 OF 2022** 6 _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. 7. 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. 8. 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 **CRL.MC NO. 6776 OF 2022** 7 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 S.C.No.974 of 2021 on the files of the Additional Sessions Court-II, Manjeri, Malappuram District hereby stands quashed. Sd/- **DR.KAUSER EDAPPAGATH, JUDGE** AS **CRL.MC NO. 6776 OF 2022** 8 ## **APPENDIX OF CRL.MC 6776/2022** ## **PETITIONERS' ANNEXURES:** **ANNEXURE1 CERTIFIED COPY OF THE FINAL REPORT IN S.C. NO. 974/2021 ON THE FILE OF THE ADDITIONAL SESSIONS COURT - II, MANJERI, MALAPPURAM** **ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT/CW1 ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT/CW2 ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT/CW3 ANNEXURE A5 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 6TH RESPONDENT/CW4 ANNEXURE A6 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 7TH RESPONDENT/CW15 ANNEXURE A7 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 8TH RESPONDENT/CW6 ANNEXURE A8 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 9TH RESPONDENT/CW7** **ANNEXURE A9 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 10TH RESPONDENT/CW8 ANNEXURE A10 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 11TH RESPONDENT/CW9 ANNEXURE A11 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 12TH RESPONDENT/CW10**