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Shibu @ Abraham v. THE STATE OF KERALA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 24TH DAY OF JANUARY 2023 / 4TH MAGHA, 1944
CRL.MC NO. 192 OF 2023
AGAINST THE ORDER/JUDGMENTCC 540/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA
PETITIONER/ACCUSED:
SHIBU @ ABRAHAM
AGED 40 YEARS
S/O LISTIN, RESIDING AT PUTHIYATHURA
KIZHANGUVILA HOUSE, KARUMKULAM
VILLAGE,THIRUVANANTHAPURAM, PIN - 695526
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
PRAJIT RATNAKARAN
E.MOHAMMED SHAFI
RESPONDENTS/STATE AND COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682031
2 SIBILRAJ, AGED 33 YEARS
D/O ROSILI, RESIDING AT THOTTAM PURAYIDATHIL,
PUTHIYATHURA, KARUMKULAM, THIRUVANANTHAPURAM 695524
BY ADVS.
PUBLIC PROSECUTOR
Abdul Rasac
G SUDHEER,GP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K.BABU, J.
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Crl.M.C.No.192 of 2023
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Dated this the 24th day of January, 2023
O R D E R
This Crl.M.C has been instituted to quash Annexure A1 Final Report in Crime No.724/2019 of Kanjiramkulam Police Station and all further proceedings in C.C.No.540/2020, on the ground that the parties have arrived at a settlement in respect of the subject matter.
2. The petitioner is the sole accused.
3. The offences alleged against the petitioner are punishable under Sections 66(E) and 67 of the Information Technology Act, 2000. .
4. The 2ndrespondent, defacto complainant entered appearance through counsel. An affidavit sworn to by her has also been placed before the Court.
5. Heard, Sri.Abdul Raoof Pallipath, the learned counsel for the petitioner, Sri.Abdul Rasacc H., the learned counsel for the 2ndrespondent and the learned Public
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Prosecutor.
6. I have perused the averments in the petition and the affidavit sworn to by the 2nd respondent.
7. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating Officer, who has taken statement of the defacto complainant, and it is reported that the dispute between the parties has been amicably settled. The material placed before the Court shows that the entire dispute between the parties has been amicably settled and the defacto complainant has decided not to proceed further. The settlement between the parties is found to be voluntary and fair. The settlement or the compromise satisfies the conscience of the Court. It is seen that the victim agreed to settle the matter with her free will.
8. 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 State of Madhya Pradesh v. Lakshmi Narayan and Others
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[(2019) 5 SCC 688] the Apex Court held that the High Court, invoking Section 482 of Cr.P.C, can quash criminal proceedings in relation to non-compoundable offences where the parties have settled the matter between themselves notwithstanding the bar under Section 320 of Cr.P.C., if it is warranted in the given facts and circumstances of the case, to ensure ends of justice or to prevent abuse of the process of any Court.
9. In the instant case, the dispute is purely personal in nature. There is nothing to show that public interest will be compromised by quashing the proceedings. The offences in question do not fall within the category of serious offences or heinous offences.
10. The offences in the present case do not fall within the category of offences prohibited for granting permission to compromise in terms of the pronouncement of the Apex Court in Gian Singh, (supra) Narinder Singh (supra) and
Lakshmi Narayan (supra).
11. This Court is of the view that no purpose will be
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served in proceeding with the matter further. Resultantly, the Crl.M.C is allowed. Annexure A1 Final Report in Crime No.724/2019 of Kanjiramkulam Police Station and all furhter proceedings in C.C.No.540/2022, stand hereby quashed.
Sd/-
K.BABU,
JUDGE
Raj
24.01.2023.
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APPENDIX OF CRL.MC 192/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT WITH FIR IN CRIME NUMBER 724/2019 OF THE
KANJIRAMKULAM POLICE STATION,
THIRUVANANTHAPURAM
Annexure A2 AFFIDAVIT EXECUTED BY THE 2ND
RESPONDENT DATED 30.11.2022
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