A. Kunhiraman Nair v. State of Kerala; C.J. Thomas @ Kunhim On v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941** **Crl.MC.No. 1397 of 2019** **IN SC 581/2018 ON THE FILE OF ASSISTANT SESSIONS COURT, HOSDURG** **CRIME NO. 97/2015 OF RAJAPURAM POLICE STATION , KASARGOD** ## **PETITIONER/ACCUSED:** **A. KUNHIRAMAN NAIR AGED 47 YEARS S/O P.NARAYANAN NAIR, ADAKAM HOUSE, ADAKAM, KALLAR GRAMAM, RAJAPURAM, KASARAGOD DISTRICT.** **BY ADV. SRI.V.T.MADHAVANUNNI** ## **RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED:** - **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH S.H.O. RAJAPURAM POLICE STATION, KASARAGOD DISTRICT.** **2 C.J.THOMAS @ KUNHIMON AGED 60 YEARS S/O P.JOSEPH, CHAKKAMKUNNEL HOSUE, ADAKAM, KALLAR GRAMAM, RAJAPPURAM P.O., KASARAGOD DISTRICT-671532.** **3 MOLLY AGED 55 YEARS W/O C.J.THOMAS @ KUNHIMON, CHAKKAMKUNNEL HOUSE, ADAKAM, KALLAR GRAMAM, RAJAPURAM P.O., KASARAGOD DISTRICT-671532.** **SRI.SAIGI JACOB PALATTY, PUBLLIC PROSECUTOR FOR R1, SRI.V.A.SATHEESH FOR R2 AND R3** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.05.2019, ALONG WITH Crl.MC.1801/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.1397 & 1801 of 2019 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941** **Crl.MC.No. 1801 of 2019** **IN SC 515/2015 ON THE FILE OF ASSISTANT SESSIONS COURT, HOSDURG CRIME NO. 93/2015 OF RAJAPURAM POLICE STATION , KASARGOD** ## **PETITIONER/ACCUSED** **C.J.THOMAS @ KUNHUMON, AGED 62 YEARS S/O. JOSEPH, CHAKKALAKUNNEL HOUSE, ADAKAM, KALLAR GRAMAM, RAJAPURAM, KASARAGOD DIST. BY ADV. SRI.V.A.SATHEESH** ## **RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED:** **1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O RAJAPURAM POLICE STATION, KASARAGOD DISTRICT. 2 KUNHIRAMAN NAIR, S/O. P. NARAYANAN NAIR, AGED 48 YEARS, ADAKAM HOUSE, ADAKAM, KALLAR GRAMAM, RAJAPURAM P.O, KASARAGOD DIST 671 532.** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1, SRI.V.T.MADHAVANUNNI FOR R2** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.05.2019, ALONG WITH Crl.MC.1397/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.1397 & 1801 of 2019 3 ## **ALEXANDER THOMAS, J.** ## **=========================== Crl.M.C.Nos.1397 & 1801 of 2019** **===========================** Dated this the 23[rd] day of May, 2019 ## **ORDER** The petitioner in Crl.M.C.No.1397/2019 is the accused in Crime No.97/2015 of Rajapuram Police Station, Kasaragod District, which has been registered for offences punishable under Secs.324, 447 & 34 of the IPC. 2. The allegation of the prosecution case in the said crime is that on 26.02.2015 at about 6 p.m., when the defacto complainant had gone to the field to tie his cow, the accused had abused him and when the defacto complainant had tried to persist it, the accused had beat the defacto complainant and his wife and thus caused him harm had trespassed into the property and that the accused had prior enmity to the defacto complainant as the latter’s cow had earlier strayed into the property of the accused. Annexure-A1 is the copy of the FIR in the abovesaid Crime No.97/2015 of Rajapuram Police Station. The police after due investigation has filed the impugned Annexure-A2 Final Report/Charge Sheet in the said crime, before the Judicial First Class Magistrates Court-I, Hosdurg, which Crl.M.C.Nos.1397 & 1801 of 2019 4 led to the institution of calendar case C.C.No.1755/2015 on the file of the said Magistrates Court. 3. It appears that a crime out of a counter case was registered against the defacto complainant herein and the said counter case ultimately led to a Sessions Case S.C.No.581/2018 before the Assistant Sessions Court, Hosdurg. Since the present case was a counter to the other Sessions case. The present calendar case C.C.No.1755/2015 on the file of the Judicial First Class Magistrtes Court-I, Hosdurg was committed to the Assistant Sessions Court, Hosdurg to be tried along with the counter case in S.C.No.581/2018. The 2[nd] respondent is the defacto complainant in this crime. It is further stated that the counter case, in which respondent No.2 has been arrayed as accused in S.C.No.515/2015 has been duly settled between the parties. It is further stated that now the parties have been amicably settled all the disputes in relation to the present case as well and that respondent No.2 defacto complainant and respondent No.3 (defacto complainant’s wife), who are the victims in the above crime have filed separate affidavits, which has been filed before this Court as made available on pages 16 & 17 of the paper book of this case. 4. Learned Advocates appearing on both sides submit that disputes have been amicably settled and that the case involved only offences as in Secs.324, 447 & 34 of the IPC and it arose only on account of Crl.M.C.Nos.1397 & 1801 of 2019 5 minor disputes between the parties, which arose out of certain misunderstandings in the property disputes between the parties. As the cow of the defacto complainant had strayed into the property of the accused and relationship was strained with the parties, which led to the present incident. It is further pointed out that the counter case as against respondent No.2 in S.C.No.581/2018 has also been lawfully settled and that respondents 2 & 3 does not want to proceed in the present case as against the petitioner/accused. 5. The aforementioned counter case as against the matter in Crl.M.C.No.1397/2019 (which relates to S.C.No.581/2018 arising out of Crime No.97/2015), is the matter in Sessions case S.C.No.515/2015 on the file of the Assistant Sessions Court, Hosdurg. The respondent No.2 in Crl.M.C.No.1397/2019/defacto complainant in S.C.No.581/2018, is the petitioner in Crl.M.C.No.1801/2019. As mentioned hereinabove, the said party, who is the defacto complainant in the matter in Crl.M.C.No.1397/2019, has been arrayed as accused in Crime No.93/2015 of Rajapuram Police Station, which has been registered on the basis of the complaint/first information of the 2[nd] respondent therein, who is none other than the petitioner in Crl.M.C.No.1397/2019. The abovesaid Crime No.93/2015 of Rajapuram Police Station has been registered for offences punishable under Secs.341, 324, 308 & 506 (ii) of the IPC. Crl.M.C.Nos.1397 & 1801 of 2019 6 6. The prosecution case in relation to that crime in brief is that on 26.02.2015 at about 6 p.m, the 2[nd] respondent was going towards his house and when he reached his village, the petitioner herein had restrained the 2[nd] respondent and had beaten him with a wooden reaper and the 2[nd] respondent sustained injury and the petitioner threatened the 2[nd] respondent to murder him. Annexure.A-1 in Crl.M.C.No.1801/2019 is the copy of the FIR in Crime No.93/2015 of Rajapuram Police Station. The police after investigation of the said crime has filed the impugned Annexure.A-2 final report/charge sheet in Crime No.93/2015 of Rajapuram Police Station before the Judicial First Class Magistrates Court, Hosdurg and the said court had later committed the said case to the Assistant Sessions Court, Hosdurg, where the matter has been pending as S.C.No.515/2015. Now the parties have settled this counter case as well. The defacto complainant in this crime, who is the 2[nd] respondent in Crl.M.C.No.1801/2019 has filed affidavit stating that the disputes have been fully resolved between the parties and that this Court may quash the impugned criminal proceedings in this case as well. 7. Both parties are represented through their advocates. Heard Sri.V.T.Madhavanunni, learned counsel appearing for the petitioner in Crl.M.C.No.1397/2019/R-2 in Crl.M.C.No.1801/2019 and Sri.V.A.Satheesh, learned counsel appearing for R-2 & R-3 in Crl.M.C.No.1397/2019 and the Crl.M.C.Nos.1397 & 1801 of 2019 7 petitioner in Crl.M.C.No.1801/2019. 8. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavits of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in _**Gian Singh v. State of Punjab**_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and _**Narinder Singh and others v. State of Punjab and anr.**_ reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment. 9. Taking note of the facts and circumstances of this case, this Court is inclined to grant the prayer for quashment of the impugned criminal proceedings as the matter has been fully settled between the Crl.M.C.Nos.1397 & 1801 of 2019 8 parties. The case and the counter case as basically came out of misunderstanding of the parties the abovesaid property dispute inasmuch as the cow of one of the party had strayed into the property of the other and which led to property disputes and the above incidents. 10. Accordingly, it is ordered in Crl.M.C.No.1397/2019 that the impugned Annexure.A-2 final report/charge sheet filed in crime No.97/2015 of Rajapuram Police Station, which has led to the institution of S.C.No.581/2018 on the file of the Assistant Sessions Court, Hosdurg as against the accused therein and all further proceedings taken in pursuance thereof will stand quashed. The petitioner will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward copies of this order to the Investigating Officer concerned, for necessary information. 11. It is also ordered in Crl.M.C.No.1801/2019 that the impugned Annexure.A-2 final report/charge sheet filed in crime No.93/2015 of Rajapuram Police Station, which has led to the institution of S.C.No.515/2015 on the file of the Assistant Sessions Court, Hosdurg as against the accused therein and all further proceedings taken in pursuance thereof will stand quashed. The petitioner will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward copies of this Crl.M.C.Nos.1397 & 1801 of 2019 9 order to the Investigating Officer concerned, for necessary information. With these observations and directions, both the above Criminal Miscellaneous Cases will stand finally disposed of. Sd/- **ALEXANDER THOMAS JUDGE** vgd Crl.M.C.Nos.1397 & 1801 of 2019 10 ## **APPENDIX OF Crl.MC 1397/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE CERTIFIED COPY THE FIR ALONG WITH FIS IN CRIME NO.97/2015 OF RAJAPURAM POLICE STATION.** **ANNEXURE A2 TRUE CERTIFIED COPY THE FINAL REPORT IN CRIME NO.97/2015 OF RAJAPURAM POLICE STATION.** **ANNEXURE A3 TRUE CERTIFIED COPY THE MEMO OF EVIDENCE IN CRIME NO.97/2015 OF RAJAPURAM POLICE STATION.** ## **APPENDIX OF Crl.MC 1801/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE CERTIFIED COPY THE FIR ALONG WITH FIS IN CRIME NO. 93/2015 OF RAJAPURAM POLICE STATION 27-2-2015** **ANNEXURE A2 TRUE CERTIFIED COPY THE FINAL REPORT IN CRIME NO. 93/2015 OF RAJAPURAM POLICE STATION DT 30-06-2015** **ANNEXURE A3 TRUE CERTIFIED COPY THE MEMO OF EVIDENCE IN S.C NO. 515/2015 OF ASSISTANT SESSIONS COURT DT 30-06-2015.**