Kerala High Court
Fr.A.M.Stephen vs State Of Kerala on 14 August, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
Crl.M.C.No. 8319 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
CRL.MC NO. 8319 OF 2019
AGAINST LP NO.177 OF 2019 ARISING OUT OF C.C.NO.321 OF 2009
OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
PETITIONER/1ST ACCUSED:
FR.A.M.STEPHEN,
AGED 67 YEARS,
SUPERIOR GENERAL,
ROSARIAN TRAINING CENTRE,
CARMALARAM POST, BANGALORE - 35.
BY ADV SRI.M.SREEKUMAR
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2 JOHNSON V.K.,
S/O KUNJUVAREETHU,
EMPLOYED AS HELPER FOR THE PRIESTS,
CARMAL MONASTRY CHURCH, EDAPAZHANJI,
PANGODE, THIRUVANANTHAPURAM- 01.
BY ADV SRI.M.R.RAJESH
SRI.SANGEETHA RAJ.N.R-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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ORDER
The above Crl.M.C. has been filed to quash the
proceedings against the petitioner on the ground that even if
the entire prosecution materials are taken at its face value,
no offence has been made out against the petitioner.
2. The petitioner is the accused No.1 and the
respondent No.2 is the defacto complainant in C.C.No.321 of
2009 on the files of the Additional Chief Judicial Magistrate
Court, Thiruvananthapuram.
3. The offence alleged against the petitioner is
punishable under Section 420 r/w Section 34 of IPC.
4. The respondent No.2 entered appearance through
counsel. It is submitted that the entire matter has now been
settled between the petitioner and the respondent No.2. An
affidavit sworn in by respondent No.2 has been produced.
Accused No.2 had already been discharged as evident from
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Annexure I order. The accused No.3 is absconding.
5. I have heard both sides.
6. The averments in the petition as well as the
affidavit sworn in by the respondent No.2 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 learned
Prosecutor, on instruction, submits that the matter was
enquired into through the investigating officer and a
statement of the de facto complainant was also recorded
wherein he reported that the matter was amicably settled.
This court in Sajeev v. State of Kerala [2022 (2) KLT 861] has
held that quashing of FIR or final report against one accused
on the ground of settlement is permissible on just reasons.
7. The Apex Court in Gian Singh v. State of Punjab
[2012 (4) KLT 108 (SC)], Narinder Singh and Others v. State of
Punjab and Another [(2014) 6 SCC 466] and in State of Madhya
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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 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 ends of justice or to prevent abuse of
process of any Court.
8. The dispute in the above case is purely personal in
nature. No public interest or harmony will be adversely
affected by quashing the proceedings pursuant to Annexure-
H. The offence in question does 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 against
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the petitioner/accused No.1 any further. Accordingly, the
Crl.M.C. is allowed. Annexure-H order in C.C.No.321 of 2009
hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
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APPENDIX OF CRL.MC 8319/2019
PETITIONER ANNEXURES
ANNEXURE A CERTIFIED COPY OF PRIVATE COMPLAINT NO. 4251/08
ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 25-
8-2008.
ANNEXURE B TRUE COPY OF THE CHEQUE PRODUCED ALONG WITH THE
COMPLAINT.
ANNEXURE C TRUE COPY OF THE CHEQUE RETURN MEMO PRODUCED
ALONG WITH THE COMPLAINT.
ANNEXURE D TRUE COPY OF THE LAWYER’S NOTICE DATED 29-10-
2007.
ANNEXURE E TRUE COPY OF THE ORDER OF THIS HON’BLE COURT IN
CRL M.C. NO. 4778/10 DATED 23-10-2013.
ANNEXURE F TRUE COPY OF DEPOSITION OF PW1 IN CC 321/09.
ANNEXURE G TRUE COPY OF DEPOSITION OF PW2 IN CC 321/09.
ANNEXURE H CERTIFIED COPY OF THE ORDER IN CC NO. 321/09
DATED 7/11/2014 OF THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
ANNEXURE I TRUE COPY OF THE ORDER OF THIS HON’BLE COURT IN
CRL. M.C. 1844/2015 DATED 21-01-2016.