2025:KER:24056 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 CRL.MC NO. 2081 OF 2025 CRIME NO.158/2024 OF Peerumedu Police Station, Idukki AGAINST CC NO.140 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PEERUMEDU PETITIONER/ACCUSED: SIVAN AGED 63 YEARS S/O KRISHNANKUTTY, MULLANKUZHIYIL HOUSE, MUNDAKKAL COLONEY BHAGAM, PERUMADE VILLAGE, IDUKKI DISTRICT, PIN - 685531 BY ADVS. K.S.ARUNDAS AMBILY JOSHY ANAMIKA RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 OMANA AGED 65 YEARS W/O BABU, MULLANKUZHIYIL HOUSE, MELAZHUTHA PUTHUVAL BHAGAM, PEERUMDE VILLAGE, IDUKKI DISTRICT., PIN - 685531 BY ADVS. VIMAL KUMAR.A.V. MANJUSHA.M.S. SALINI K. C SEENA – PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No. 2081 of 2025 ..2.. 2025:KER:24056 O R D E R Dated this the 18th day of March, 2025 A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [(2012) 10 SCC 303]. Similarly in Narinder Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section Crl.M.C.No. 2081 of 2025 ..3.. 2025:KER:24056 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offences under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow: “6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” 2. In the facts at hand, petitioner is the sole accused in Crime No.158 of 2024 of Peermade Police Station, Crl.M.C.No. 2081 of 2025 ..4.. 2025:KER:24056 Idukki, now pending as C.C.No.140/2024 before the Judicial First Class Magistrate Court-I, Peermade. The offences alleged are under Sections 294(b), 354 and 323 of the Indian Penal Code. The petitioner seeks quashment of the entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties. 3. Heard the learned counsel for the petitioner, learned counsel for the defacto complainant/respondent no.2 and the learned Senior Public Prosecutor. Perused the records. 4. When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statement was handed over. On perusal of the same, it is clear that the issues between the petitioner and the defacto complainant are settled amicably and that the defacto complainant and her husband have no objection in quashing the criminal proceedings against the petitioner. That apart, it is Crl.M.C.No. 2081 of 2025 ..5.. 2025:KER:24056 noticed that, along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (2nd respondent herein) as Annexure-4, wherein she would unequivocally state that the disputes have been amicably settled and that the complaint stemmed from misunderstanding. The defacto complainant would also swear that she has no surviving grievance against the petitioner and that she has no objection in quashing the criminal proceedings against the petitioner. The affidavit is sworn to on her own volition, without any compulsion, whatsoever. This Court is therefore convinced that the settlement arrived at is genuine and bonafide. Learned counsel for the defacto complainant would also endorse that the quashment sought for can be allowed. 5. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in Narinder Singh (supra), Madan Mohan Abbot (supra) and Gian Singh (supra), are fully satisfied. This court is convinced that further proceedings against the petitioner Crl.M.C.No. 2081 of 2025 ..6.. 2025:KER:24056 will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that the offence under Section 323, 323 is compoundable, which is all the more a reason to accept the compromise between the parties. In the circumstances, this Crl.M.C. is allowed. Annexure-1 F.I.R, Annexure-2 Final Report, and all further proceedings in C.C.No.140/2024 of the Judicial First Class Magistrate Court-I, Peermade, are hereby quashed. Sd/- C. JAYACHANDRAN JUDGE TR Crl.M.C.No. 2081 of 2025 ..7.. 2025:KER:24056 APPENDIX OF CRL.MC 2081/2025 PETITIONER ANNEXURES Annexure1 A CERTIFIED COPY OF THE FIRST INFORMATION REPORT AND FIRST INFORMATION STATEMENT IN CRIME NO 158/2024 DATED 15.02.2024 OF PEERMADE POLICE STATION Annexure 2 A CERTIFIED COPY OF FINAL REPORT OF CRIME NO.158/2024 OF PEERMADE POLICE STATION DATED 25.03.2024, IDUKKI WHICH IS PENDING AS CC 140/2024 BEFORE THE HON’BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT-I, PEERMADE, IDUKKI Annexure 3 A CERTIFIED COPY OF WOUND CERTIFICATE OF THE DEFACTO COMPLAINANT ISSUED BY TALUK HEAD QUARTERS HOSPITAL, PEERMADE DATED 14.02.2024 Annexure4 THE ORIGINAL AFFIDAVIT WHICH IS PREPARED BY THE DEFACTO COMPLAINANT