High Court of KeralaSingle Judge2022-11-25Proceedings quashed; all further proceedings in...

CRL.MC Nos. 875 of 2021; 3107 of 2021; 7428 of 2022 v. State of Kerala and Ann Susan Luke

Case / Petition Number:CRL.MC No. 875 of 2021; CRL.MC No. 3107 of 2021; CRL.MC No. 7428 of 2022; CC No. 1361/2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Dr. Kauser Edappagath
Judgment Date: 2022-11-25
Court Decision / Holding: CRL.M.C Nos. 875 of 2021; 3107 of 2021; and 7428 of 2022 are allowed; all further proceedings in CC No. 1361/2020, Judicial First Class Magistrate Court-I, Kottarakkara, are quashed.
Final Disposition: Proceedings quashed; all further proceedings in CC 1361/2020 quashed.

Parties to the Case

Appellants / Petitioners

Shon Panicker
Sherry Koshy Panicker
Nissi Koshi
Reeja Joseph

Respondents

State of Kerala
Ann Susan Luke

Legal Representation & Advocates

Counsels for Petitioners

• Liju V. Stephen
• Indu Susan Jacob

Counsels for Respondents

• R. Sunil Kumar
• A. Salini Lal
• Smt. T. V. Neema (Senior Public Prosecutor)
• Sri. P. G. Manu (Senior Public Prosecutor)

Case Synopsis & Summary

This batch of Criminal Miscellaneous Cases (CRL.M.C. Nos. 875 of 2021; 3107 of 2021; 7428 of 2022) concerns quashing of criminal proceedings in CC No. 1361/2020 of the Judicial First Class Magistrate Court-I, Kottarakkara, arising from accusations under Section 498A read with Section 34 of the IPC. The petitioners, accused Nos. 1–4 across the three petitions (Shon Panicker; Sherry Koshy Panicker; Nissi Koshy; Reeja Joseph) seek to quash the proceedings based on an amicable settlement with the de facto complainant, Ann Susan Luke. The respondents include the State of Kerala (by Public Prosecutor) and the de facto complainant. On 25 November 2022, the High Court, with Justice Kauser Edappagath presiding, noted that the dispute is purely personal and that the de facto complainant has chosen not to proceed. Citing Supreme Court precedents Gian Singh v. State of Punjab; Narinder Singh and Others v. State of Punjab and Others; State of Madhya Pradesh v. Laxmi Narayan and Others, the court held that under Section 482 CrPC a criminal proceeding can be quashed where there is a genuine settlement and ends of justice are served, provided there is no abuse of process and no public interest harmed. The court allowed the petitions and quashed all further proceedings in CC 1361/2020.

Provisions of Law Cited

Section 498A read with Section 34 of IPCSection 482 Cr.P.CSection 320 Cr.P.CProtection of Women from Domestic Violence Act, 2005, Section 12

Legal Doctrines & Maxims

Ends of justice
Abuse of process of court
Compounding of offences (Section 320 Cr.P.C)
Quashing criminal proceedings in non-compoundable offences when settled (Gian Singh principle)

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contended that the disputes are settled amicably and the de facto complainant does not wish to pursue the case further. Relying on the Supreme Court precedents Gian Singh v. State of Punjab, Narinder Singh and Others v. State of Punjab and Others, and State of Madhya Pradesh v. Laxmi Narayan and Others, they urged that in the interest of justice and to prevent abuse of process, and where a genuine settlement exists in non-public-interest matters, the High Court can exercise its power under Section 482 Cr.P.C to quash the proceedings even if the offences are non-compoundable under Section 320 Cr.P.C. respondents:The respondents, represented by counsel, acknowledge the amicable settlement and the de facto complainant’s appearance and affidavit, indicating that continuing with the proceedings serves no public interest; they urged that, given the private nature of the dispute and the lack of public harm, quashing would prevent harassment and uphold ends of justice.

Contentions of Respondents

The respondents participated via counsel and the de facto complainant, who is the private party in dispute, supported disposal by quashing in the light of settlement and ends of justice; the State Advocate framed arguments consistent with public interest and settled nature of the matter, invoking jurisprudence permitting quashing in the context of settlement and absent public interest.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab	2012 (4) KLT 108 (SC)	Positive	Apex Court held that High Courts can quash criminal proceedings under Sec. 482 Cr.P.C in cases of settlement and ends of justice, even for non-compoundable offences, where public interest is not harmed.
Narinder Singh and Others v. State of Punjab and Others	2014 (6) SCC 466	Positive	Affirms that quashing is permissible under Sec. 482 Cr.P.C in settled personal disputes if ends of justice are served.
State of Madhya Pradesh v. Laxmi Narayan and Others	2019 (5) SCC 688	Positive	Reiterates the principle that quashing can be warranted on settlement and ends of justice, not affecting public interest.

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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 FRIDAY, THE 25[TH] DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,** ## **1944** **CRL.MC NO. 875 OF 2021** **CC.NO.1361/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS** **COURT -I, KOTTARAKKARA** **PETITIONER/3RD ACCUSED:** **SHON PANICKER, AGED 37 YEARS S/O.LATE K.K.KOSHY PANICKER, KUZHIKKALAZHIKATHU VEEDU, VOLVO VILLA, IRUMPANANGADU P.O., KOLLAM DISTRICT 691 505** **BY ADVS. LIJU.V.STEPHEN SMT.INDU SUSAN JACOB** ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT:** - **1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.** **2 ANN SUSAN LUKE AGED 35 YEARS, D/O.MRS. SUSAN LUKOSE, T.C.3/509, PUTHENVILA VEEDU, GANDHISMARAKA NAGAR, MUTTADA P.O., THIRUVANANTHAPURAM 695 025.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **OTHER PRESENT:** ## **SMT T V NEEMA -SR PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.11.2022, ALONG WITH CRL.MC.NOS.3107/2021 AND 7428/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **CRL.MC NO. 875 OF 2021 & connt. cases** ..2.. **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 25[TH] DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,** **1944** **CRL.MC NO. 3107 OF 2021** **CC.NO.1361/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS** **COURT -I, KOTTARAKKARA** **PETITIONER/1ST ACCUSED:** **SHERRY KOSHY PANICKER, AGED 37 YEARS S/O. LATE K.K. KOSHY PANICKER, KUZHIKKALAZHIKATHU VEEDU, VOLVO VILLA IRUMPANANGADU P.O., KOLLAM DISTRICT 691 505.** **BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB** ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 ANN SUSAN LUKE AGED 35 YEARS, D/O.MRS. SUSAN LUKOSE, T.C.3/509, PUTHENVILA VEEDU, GANDHISMARAKA NAGAR, MUTTADA P.O., THIRUVANANTHAPURAM 695 025.** **BY ADVS. R.SUNIL KUMAR A.SALINI LAL, SMT T V NEEMA -SR PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.11.2022, ALONG WITH CRL.MC.NO.875/2021 AND 7428/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **CRL.MC NO. 875 OF 2021 & connt. cases** ..3.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 25[TH] DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,** **1944** **CRL.MC NO. 7428 OF 2022** **CC.NO.1361/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS** **COURT -I, KOTTARAKKARA** ## **PETITIONERS/3RD AND 4 TH ACCUSED:** **1 NISSI KOSHY AGED 65 YEARS W/O. LATE K.K. KOSHY PANICKER KUZHIKKALAZHIKATHU VEEDU, VOLVO VILLA, IRUMPANANGADU.P.O., KOLLAM DISTRICT, PIN - 691505** **2 REEJA JOSEPH AGED 35 YEARS W/O. SHON PANICKER KUZHIKKALAZHIKATHU VEEDU, VOLVO VILLA, IRUMPANANGADU.P.O., KOLLAM DISTRICT PRESENTLY AT UNIT 2/6 GLENCOE STREET, KENNINGTON, VICTORIA 3550, AUSTRALIA, PIN - 691505** **BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB** ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,** ## **CRL.MC NO. 875 OF 2021 & connt. cases** ..4.. **ERNAKULAM, PIN - 682031** **2 ANN SUSAN LUKE AGED 37 YEARS D/O. MRS. SUSAN LUKOSE, T.C. 3/509, PUTHENVILA VEEDU, GANDHISMARAKA NAGAR, MUTTADA.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695025** **BY ADVS. R.SUNIL KUMAR A.SALINI LAL(K/1486/1999) SRI.P.G.MANU, SR.P.P.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.11.2022, ALONG WITH CRL.MC.875/2021 AND 3107/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **CRL.MC NO. 875 OF 2021 & connt. cases** **==> picture [18 x 8] intentionally omitted <==** ## **O R D E R** All these Crl.M.Cs. have been preferred to quash all further proceedings in C.C.No.1361 of 2020 on the files of the Judicial First Class Magistrate Court-I, Kottarakkara. 2. During the pendency of the above Crl.M.Cs., the entire matter has been settled between the parties. 3. The petitioners are the accused Nos.1 to 4. The 2[nd] respondent is the de facto complainant in all these Crl.M.Cs.. 4. The offences alleged against the petitioners are punishable under Sections 498A r/w 34 of IPC 5. The _de facto_ complainant in all the cases entered appearance through counsel. An affidavit sworn in by her is also produced. 6. I have heard Sri.Liju.V.Stephen, the learned counsel for the petitioners, Sri.R.Sunil Kumar, the learned counsel for the de facto complainant and ## **CRL.MC NO. 875 OF 2021 & connt. cases** ..6.. Smt.T.V.Neema, the learned Senior Public Prosecutor in Crl.M.C.Nos.875 & 3107 of 2021 and Sri.P.G.Manu, the learned Senior Public Prosecutor in Crl.M.C.No.7428 of 2022. 7. The averments in the petition as well as the affidavit sworn in by the _de facto_ complainant 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 _de facto_ complainant is personally present before this Court and she submitted that the matter has been settled. 8. 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 ## **CRL.MC NO. 875 OF 2021 & connt. cases** **==> picture [18 x 8] intentionally omitted <==** 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. 9. The dispute in the above cases is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to all further proceedings in C.C.No.1361 of 2020 on the files of the Judicial First Class Magistrate Court-I, Kottarakkara. 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, these Crl.M.Cs. are ## **CRL.MC NO. 875 OF 2021 & connt. cases** ..8.. allowed. All further proceedings in C.C.No.1361 of 2020 on the files of the Judicial First Class Magistrate Court-I, Kottarakkara hereby stands quashed. Sd/- **DR.KAUSER EDAPPAGATH, JUDGE** AS ## **CRL.MC NO. 875 OF 2021 & connt. cases** ..9.. ## **APPENDIX OF CRL.MC 875/2021** ## **PETITIONER'S ANNEXURES:** - **ANNEXURE A1 A TRUE COPY OF THE PETITION FOR REALIZATION OF MONEY AND FOR RETURN OF GOLD ORNAMENTS FILED BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM BY THE 2ND RESPONDENT DATED 15.12.2018 AS OP NO.2839/2018.** - **ANNEXURE A2 A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 29.12.2018 AS M.C.NO.79/2018.** - **ANNEXURE A3 A TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM DATED AUGUST, 2019 AS CMP NO.3940/2019.** - **ANNEXURE A4 A CERTIFIED COPY OF THE FIR NO.1777/2019 DATED 2.8.2019 LODGED BEFORE PEROORKADA POLICE STATION, THIRUVANANTHAPURAM CITY.** - **ANNEXURE A5 A CERTIFIED COPY OF THE FINAL REPORT IN CC. 1361/2020 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOTTARAKARA DATED 24.8.2019.** - **ANNEXURE A6 A TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 17/08/2022 ENTERED BETWEEN THE PETITIONER'S BROTHER AND HIS WIFE** - **ANNEXURE A7 A TRUE COPY OF THE AFFIDAVIT DATED 17-8-2022 SWORN BY THE 2ND RESPONDENT** ## **CRL.MC NO. 875 OF 2021 & connt. cases** ..10.. ## **APPENDIX OF CRL.MC 3107/2021** ## **PETITIONER'S ANNEXURES:** **ANNEXURE A1 A TRUE COPY OF THE PETITION FOR REALIZATION OF MONEY AND FOR RETURN OF GOLD ORNAMENTS FILED BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM BY THE 2ND RESPONDENT DATED 15.12.2018 AS OP NO.2839/2018.** **ANNEXURE A2 A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 29.12.2018 AS M.C.NO.79/2018.** - **ANNEXURE A3 A TRUE COPY OF THE OBJECTION FILED BY THE COUNTER PETITIONER IN M.C. NO. 79/2018 DATED 16.10.2020.** - **ANNEXURE A4 A TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM DATED AUGUST, 2019 AS CMP NO.3940/2019.** - **ANNEXURE A5 A CERTIFIED COPY OF THE FIR NO.1777/2019 DATED 2.8.2019 LODGED BEFORE PEROORKADA POLICE STATION, THIRUVANANTHAPURAM CITY.** - **ANNEXURE A6 A TRUE COPY OF THE FINAL REPORT IN CC. 1361/2020 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE CORUT-1, KOTTARAKKARA DATED 02.07.2020.** - **ANNEXURE A7 A TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 17/08/2022 ENTERED BETWEEN THE PETITIONER AND HIS WIFE** **ANNEXURE A8 A TRUE COPY OF THE AFFIDAVIT DATED 17-8-2022 SWORN BY THE 2ND RESPONDENT** ## **CRL.MC NO. 875 OF 2021 & connt. cases** ..11.. ## **APPENDIX OF CRL.MC 7428/2022** ## **PETITIONERS' ANNEXURES** **ANNEXURE A1 CERTIFIED COPY OF THE THE FIR NO. 1329/2019 DATED 24.8.2019 LODGED BEFORE EZHUKONE POLICE STATION, KOLLAM RURAL** **ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CC.1361/2020 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOTTARAKARA DATED 24.08.2019** **ANNEXURE A3 TRUE COPY OF SETTLEMENT AGREEMENT DATED 17/08/2022 ENTERED BETWEEN THE 2ND RESPONDENT AND MR SHERRY KOSHY PANICKER** **ANNEXURE A4 ORIGINAL OF THE AFFIDAVIT SWORN AND SIGNED BY THE 2ND RESPONDENT DATED 17-8-2022**