Aboobakkar and Hamza v. State of Kerala and Yakub

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938 Crl.MC.No. 6025 of 2016 () --------------------------- CRIME NO. 1243/2015 OF THIRURANGADI POLICE STATION , MALAPPURAM PETITIONER(S)/ACCUSED: --------------------- 1. ABOOBAKKAR AGED 44 YEARS, S/O.MOHAMMED, POOCHENGAL KUNNATH, PANTHARANGADI POST, THRIKKULAM, PALLIPPADI, MALAPPURAM DISTRICT, PIN - 676306. 2. HAMZA S/O.MOHAMMED, AGED 42 YEARS, POOCHENGALKUNNATH HOUSE, PALLIPPADY, PALATHINGAL, PANTHARANGADI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.ARUN MATHEW VADAKKAN RESPONDENT(S)/STATE & DEFACTO COMPLAINANT: ------------------------------------------ 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, TIRURANGADI POLICE STATION, TIRURANGADI - 676306, MALAPPURAM DISTRICT. 2. YAKOOB S/O.SAIDALAVI, AGED 37 YEARS, MACHINGAL HOUSE, PANTHARANGADI POST, THRIKKULAM, PALLIPPADI, MALAPPURAM DISTRICT, PIN - 676306. R2 BY ADV. SRI.K.P.SUDHEER R BY PUBLIC PROSECUTOR, SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CONTD... **==> picture [23 x 9] intentionally omitted <==** Crl.MC.No. 6025 of 2016 () --------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS ----------------------- ANNEXURE-A1: CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 18.09.2015 IN CRIME NO.1243/2015 OF TIRURANGADI POLICE STATION. ANNEXURE-A2: TRUE COPY OF PLAINT DATED 12.1.2010 IN O.S.NO.17/2010 ON THE FILE OF THE MUNSIFF'S COURT, PARAPPANANGADI. ANNEXURE-A3: TRUE COPY OF AGREEMENT DATED 24.9.2015 ENTERED INTO BETWEEN THE PARTIES. ANNEXURE-A4: AFFIDAVIT DATED 27.8.2016 EXECUTED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL ----------------------- //TRUE COPY// P.A. TO JUDGE SKS **RAJA VIJAYARAGHAVAN V., J. ---------------------------------Crl. M.C. No. 6025 of 2016 ---------------------------------------------Dated this the 21[st] day of October, 2016** ## **O R D E R** - 1.This petition under Section 482 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioners herein, who are the accused Nos. 1 and 2 for quashing the proceedings pending against them in Crime No. 1243 of 2015 of Tirurangadi Police Station. The said crime has been registered at the instance of the 2[nd] respondent herein alleging offences punishable under Sections 341, 323, 324, 326, 506, 308 r/w Section 34 of the IPC. - 2.The prosecution allegation is that, on 17.09.2015 at 7.00 pm, the petitioners had wrongfully restrained the 2[nd] respondent and assaulted him with an iron rod and caused injuries. - 3.I have heard the learned counsel appearing for the **Crl. M.C. No. 6025 of 2016** -2- petitioner, the 2[nd] respondent and the learned Public Prosecutor. It is submitted that there was a dispute concerning a pathway which led to the institution of O.S.No.117 of 2010 before the Court of the Munsiff, Parappanangadi. As an aftermath to the civil proceedings, several criminal cases happened to be registered against the rival parties. Finally, at the instance of mediators and well-wishers, all pending disputes were settled and the parties are living in peace and harmony. It is urged that the pendency of the criminal proceedings will fuel fresh disputes and is likely to disturb the amity between the parties. The learned counsel appearing for the petitioner as well as the 2[nd] respondent relies on Annexure-A3 settlement agreement wherein both the parties have agreed that all pending civil and criminal disputes will be withdrawn. 4.Learned counsel appearing for the 2[nd] respondent refers to Annexure-A4 affidavit sworn to by him and submits that **Crl. M.C. No. 6025 of 2016** -3- no acrimony exists between the parties. According to the learned counsel, the 2[nd] respondent has no objection in quashing the proceedings. - 5.The learned counsel appearing for the petitioners submits that in view of the settlement arrived at between the parties, this Court will be justified in quashing the proceedings. - 6.The learned Public Prosecutor on instructions has submitted that the disputes have been resolved and in view of Annexure-A3, the State has no serious objections in quashing the proceedings as it would bring about peace and harmony between the rival parties. - 7.In **Gian Singh v. State of Punjab and Another** [2012 (10)SCC 303], the Apex Court has crystalised the position in respect of the powers vested in the High Court under S.482 of the Criminal Procedure Code, to quash criminal proceedings. It was held that the power vested in the High Court under Section 482 of the Criminal Procedure Code, **Crl. M.C. No. 6025 of 2016** -4- is not limited to quashing proceedings within the ambit and scope of Section 320 of the Criminal Procedure Code. The three - Judge Bench in the above case, clearly expounded, that quashing of criminal proceedings under S.482 of the Criminal Procedure Code, could also be based on settlements between private parties, and could also on a compromise between the offender and the victim. Only that, the above power did not extend to crimes against the society. It is also relevant to mention, that the jurisdiction vested in the High Court under Section 482 of the Criminal Procedure Code, for quashing criminal proceedings, was held to be exercisable in criminal cases having an overwhelming and predominatingly civil flavour, particularly offences arising from commercial, financial, mercantile, civil, partnership, or such like transactions. In all such cases, the parties should have resolved their entire dispute by themselves, mutually. Further, guidelines were issued by the Apex Court in **Narinder** **Crl. M.C. No. 6025 of 2016** -5- **Singh v. State of Punjab** [2014 (6) SCC 466] and recently in **Rajesh Kamath J. and Others v. Mohana Kurup and Others** [AIR 2016 SC 2452]. 8.I have considered the rival submissions and I have gone through the materials on record. The offence committed by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society. More over, when the respondent No.2 has settled the matter, the possibility of conviction is remote and bleak and the continuation of the criminal case against the petitioners would be a futile exercise. Further more, settlement will augur well for the interest for the community and will enable the parties to live in peace and harmony. 9.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of **Crl. M.C. No. 6025 of 2016** -6- the Code to quash the proceedings. In the result, this petition will stand allowed. Annexure-A1 FIR in Crime No. 1243 of 2015 of Tirurangadi Police Station, Malappuram and all proceedings pursuant thereto against the petitioners are quashed. Sd/- **RAJA VIJAYARAGHAVAN V., JUDGE** SKS //TRUE COPY// P.A. TO JUDGE