James, S/O. Joseph vs State Of Kerala

Dr.Kauser Edappagath, J

This criminal revision petition has been filed challenging the judgment in Crl.Appeal No.26/2011 dated 2.12.2015 passed by the Additional Sessions

Judge, Sessions Court III, Thalassery (for short 'the appellate court'), confirming the judgment in C.C.No.560/2004 dated 31.12.2010 passed by the

Judicial First Class Magistrate, Taliparamba (for short 'the trial court').

The revision petitioner is the accused. The offences alleged against him are under Section 324 and 354 of IPC.

The trial court after trial found the accused guilty under Section 324 of IPC and convicted him for the said offence. He was sentenced to undergo

rigorous imprisonment for 2 years and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for three months. In appeal, the appellate

court confirmed the conviction and sentence.

When this revision petition came up for hearing, the revision petitioner filed Crl.M.A.No.4/2022 to quash the entire proceedings pursuant to Crime

No.166/2004 of Alakode Police Station and to acquit him on the ground of settlement between the parties. An affidavit sworn in by the defacto

complainant, who is the additional 2nd respondent has also been produced along with Crl.M.A.No.5/2022.

I have heard Sri. Mathew Kuriakose, the learned counsel for the petitioner, Sri. V.A. Satheesh, the learned counsel for the additional 2nd

respondent and Smt. M.K. Pushpalatha, the learned Senior Public Prosecutor.

The affidavit sworn in by the 2nd respondent would show that the entire dispute has been amicably settled between the parties.

This Court in Soban v. State of Kerala [2021 (3) KHC 383] has held that the criminal proceedings involving non compoundable offence could be

quashed notwithstanding the fact that the order of conviction was already passed against the accused, provided the offence in question does not fall in

the category of offence prohibited for compounding in terms of the pronouncements of the Apex Court in Gian Singh V. State of Punjab [2012 (4)

KLT 108 SC], Narinder Singh & Others v. State of Punjab [(2014) 6 SCC 466] and State of Madhya Pradesh v. Laxmi Narayan & Others

[(2019) 5 SCC 688].

The offence involved is only under Section 324 of IPC. It is purely a personal dispute between the petitioner and the additional 2nd respondent. No

public interest or harmony will be adversely affected by quashing the proceedings. Keeping in view the nature and gravity of the offence and facts

and circumstances of the case, I am of the view that the entire proceedings initiated in terms of Crime No.166/2004 of Alakode Police Station can be

quashed in view of the compromise arrived at between the parties to secure the ends of justice.

In the result, this revision petition is allowed. The entire proceedings pursuant to the charge sheet cum final report in Crime No.166/2004 of Alakode

Police Station stands hereby quashed. The conviction of the petitioner vide the impugned judgments are set aside and the petitioner is acquitted.