High Court Quashes Proceedings Under Kerala Prevention Of Damage To Private Property Act Based On Settlement Between Parties

The Kerala High Court on Friday quashed the proceedings under Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 based on the settlement arrived at between the parties. 

The bench of Justice Kauser Edappagath passed the order. It observed, 

"The Apex Court in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], Narinder Singh & Ors. v. State of Punjab & Ors. [(2014) 6 SCC 466] and in State of Madhya Pradesh v. Laxmi Narayan & Ors. [(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 the ends of justice or to prevent abuse of process of any Court". 

The petitioner/the two accused persons in this case were charged with offences punishable under Sections 452, 294(b), 341, 323, 324, 427, 354 r/w 34 of IPC and Section 3 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act.

The Court observed that as the dispute in the case was purely personal in nature, and no public interest or harmony would be adversely affected by quashing the proceedings, the offences alleged would not fall within the category of offences prohibited for compounding the same. 

"For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the Crl.M.C. is allowed. Annexure-1 Final Report in C.C.No.146/2022 on the files of the Judicial First Class Magistrate Court (Forest Offences), Nedumangad hereby stands quashed", it was held. 

The petitioners in this case were represented by Advocate S. Nikhil Sankar. Senior Public Prosecutor P.G. Manu, and Advocate S. Mohammed Al Rafi appeared on behalf of the respondents. 

Case Title: Ajeesh Nath P.S. & Anr. v. State of Kerala & Ors. 

Citation: 2023 LiveLaw (Ker) 25

Click Here To Read/Download The Order