MURALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl. MC No. 1002/2009 is a petition filed to quash all further proceedings in CC No. 254/2007 of the JFCM, Kolencherry. The petitioner in this case is accused of having committed offences under S.447, 294(b), 506 (1) and 427 of the Indian Penal Code. Crl. MC No. 1012/2009 is also another case where the petitioners are accused of having committed the offences under S.341, 323, 294(b) read with S.34 of the IPC.

(2.) The allegations are to the effect that dissatisfied with the demand of return of the amount and property being given to the daughter, there was a trespass into the house and respondents 2 and 3 herein were assaulted and abused and hence these cases. Now the disputes have been amicably settled between the father, mother, son and others. It is true that there are offences which are non compoundable in nature. The learned counsel for the petitioners submitted that in the light of the decisions reported in Madan Mohan Abbot v. State of Punjab, 2008 (2) KHC 589 : 2008 (4) SCC 582 : 2008 (1) KLD 823 : 2008 (3) KLT 19 : AIR 2008 SC 1969 : 2008 (4) SCALE 159 and Nikhil Merchant v. Central Bureau of Investigation, 2008 KHC 6715 : 2008 (3) KLT 769 (SC) : 2008 (11) SCALE 379 : 2008 (9) SCC 677 , technicalities shall not be allowed to stand in the way of Court's power to quash the criminal proceedings involving non compoundable offences where the dispute is compromised between the rival parties. So also in B. S. Joshi v. State of Haryana, 2003 KHC 530 : 2003 (2) KLT 1062 (SC) : 2003 (4) SCC 675 : AIR 2003 SC 1386 : JT 2003 (3) SC 277 , the Apex Court took the view that the Court must be liberal in making settlement of matrimonial disputes. Here both the cases are on account of a family dispute between the parents and the son. Now it is submitted before me by the parents that they have sorted out the differences with the son and they are in a calm and peaceful atmosphere, and therefore, they do not want to further prosecute the case against the son. The father is aged about 73 years and the mother is aged about 69 years. So, their feelings that they should not further proceed the case with the son appears to be only reasonable for the reason that towards the fag end of their life, they want a happy and beloved family atmosphere and the matter being prosecuted will only leads to disastrous consequences. So, taking the dictum laid down by the Apex Court in almost all cases, I feel that this is a fit case where though non compoundable, the inherent powers of the High Court can be used to quash the proceedings. Therefore, both the Criminal MC's are allowed and the proceedings in CC No. 277/2007 of the JFCM, Kolencherry and CC No. 254/2007 of the same Court are quashed.