The Kerala High Court in the case Ajeesh Nath P.S. & Anr. v. State of Kerala & Ors observed and has quashed the proceedings under Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 which is based on the proceedings initiated under Kerala Prevention of Damage to Private Property and the Payment of Compensation Act, 2019.
The bench headed by Justice Kauser Edappagath observed in its order that the Apex Court in the case Gian Singh v. State of Punjab, Narinder Singh & Ors. v. State of Punjab & Ors and in the case State of Madhya Pradesh v. Laxmi Narayan & Ors has held that the High Court by invoking S.482 of Code of Criminal Procedure in relation to non-compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Code of Criminal Procedure, if it is being warranted in the given facts and circumstances of the case or to ensure the ends of justice or for preventing the abuse of process of any Court.
In the present case, the petitioner/the accused persons in this case were charged with offences punishable under Section 452, Section 294(b), Section 341, Section 323, Section 324, Section 427, Section 354 read with Section 34 of Indian Penal Code, 1860 and Section 3 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act. It has been observed by the court that as the dispute in the case was purely personal in nature, and no public interest or harmony would be adversely affected by quashing of the said proceedings, the offences alleged would not be falling under the category of offences prohibited for compounding the same. Further, the court stated that, this court is of the view that no purpose will be served in proceeding with the matter any further.
Accordingly, the court allowed the Crl.M.C. and Annexure-1 Final Report in C.C.No.146/2022 on the files of the Judicial FirstClass Magistrate Court (the Forest Offences), Nedumangad hereby stands to be quashed. In the said case, the petitioner was represented by Advocate S. Nikhil Sankar. Senior Public Prosecutor P.G. Manu, and Advocate S. Mohammed Al Rafi appearing on behalf of the respondents.
