Akash D Nair v State of Kerala and Others

``` 2025:KER:24359 ``` **==> picture [57 x 57] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` FRIDAY, THE 14[TH] DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 ``` ``` CRL.MC NO. 8388 OF 2024 ``` ``` CRIME NO.1083/2023 OF Koyilandy Police Station, Kozhikode AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1692 OF 2023 OF ``` ## **`JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOYILANDY`** ## **`PETITIONER/ACCUSED:`** ``` AKASH D NAIR AGED 25 YEARS S/O. DINESH BABU, KUTTATHU HOUSE, KOYILANDI, KOLLAM P.O., KOZHIKODE, PIN - 673307 BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA JAYKAR.K.S. VANDANA A. C.SIVADAS ``` ## **`RESPONDENT/STATE/COMPLAINANT/DE-FACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2SUB INSPECTOR OF POLICE KOYILANDY POLICE STATION, KOZHIKODE, PIN - 673305 3PRAJISHA AGED 33 YEARS W/O. SAJESH, KALLUVETTUKUZHIKKAL HOUSE, VIYYUR, KOLLAM PO., KOZHIKODE, PIN - 673307 4SAJESH AGED 40 YEARS S/O. KRISHNAN, KALLUVETTU KUZHIKKAL HOUSE, VIYYUR, KOLLAM PO., KOZHIKODE, PIN - 673307 BY ADV HALVI K.S. SRI. E.C. BINEESH (PP) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2025:KER:24359 ``` Crl.MC.No.8388 of 2024 :2: **==> picture [57 x 57] intentionally omitted <==** ## **C.JAYACHANDRAN, J.** ------------------------------------ **Crl.MC.No.8388 of 2024** -----------------------------------Dated this the 14[th] day of March, 2025 ## **O R D E R** ``` A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another[(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in Gian ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:24359 ``` Crl.MC.No.8388 of 2024 :3: ``` Singh v. State of Punjab and another [(2012) 10 SCC 303]. Similarly inNarinder Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offence under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme inMadan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow: ``` ``` “6.We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:24359 ``` Crl.MC.No.8388 of 2024 **==> picture [13 x 9] intentionally omitted <==** ``` afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground ofrealitiesandbereftofthe technicalities of the law.” ``` ``` 2.In the facts at hand, petitioner is the sole accused in Crime No.1083 of 2023 of Koyilandy Police Station, Kozhikode, now pending as C.C.No.1692/2023 before the Judicial First Class Magistrate Court, Koyilandy. The offence alleged is under Section 363 of the Indian Penal Code. The petitioner seeks quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties. ``` ``` 4. Heard the learned counsel for the petitioner, learnedcounselforthedefacto complainant/respondent no.3 and respondent no.4 and the learned Senior Public Prosecutor. Perused the records. ``` ``` 2025:KER:24359 ``` **==> picture [57 x 57] intentionally omitted <==** Crl.MC.No.8388 of 2024 :5: ``` 5. When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statements of the defacto complainant and the 4[th] respondent (husband of the defacto complainant) handed over. On perusal of the same, it is clear that the issues between the petitioner, the defacto complainant and the 4[th] respondent are settled amicably and that they have no objection in quashing the criminal proceedings against the petitioner. That apart, it is noticed that, along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (3[rd] respondent herein), who is the mother of the minor victim/CW2, as Annexure-A17, wherein she would unequivocally state that the complaint emanated from a mistaken impression and that the petitioner has never kidanapped her daughter. The defacto complainant would also swear that she and her minor daughter have nofurther ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:24359 ``` ## Crl.MC.No.8388 of 2024 **==> picture [13 x 9] intentionally omitted <==** ``` complaints against the petitioner and that she has no objection in quashing the case against the petitioner. The defacto complainant does not intend to prolong the matter and that the affidavit is sworn to on her own volition. This Court has also perused Annexure-A18 affidavit sworn to by the 4[th] respondent, father of the minor victim, wherein he would also vouch the factum of settlement. This Court is therefore convinced that the settlement arrived at is genuine and bonafide. Learned counsel for the respondents 3 and 4 would also endorse that the quashment sought for can be allowed. ``` ``` 6. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in Narinder Singh (supra), Madan Mohan Abbot (supra) and Gian Singh (Supra), are fully satisfied. This court is convinced that further proceedings against the petitioner will be a futile exercise, inasmuch as the disputes have ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:24359 ``` ## Crl.MC.No.8388 of 2024 **==> picture [13 x 9] intentionally omitted <==** ``` already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. ``` ``` In the circumstances, this Crl.M.C. is allowed. Annexure-A1 FIR, Annexure-A16 Final Report and all further proceedings in C.C.No.1692/2023 before the Judicial First Class Magistrate Court, Koyilandy, are hereby quashed. ``` ``` Sd/- ``` ## **C. JAYACHANDRAN, JUDGE.** Raj. ``` 2025:KER:24359 ``` Crl.MC.No.8388 of 2024 :8: **==> picture [57 x 57] intentionally omitted <==** ## **`APPENDIX OF CRL.MC 8388/2024`** ## **`PETITIONER ANNEXURES`** - **`Annexure A-1 THE CERTIFIED COPY OF THE FIR DATED 05/10/2023 IN CRIME NO. 1083 OF 2023 OF KOYILANDY POLICE STATION ALONG WITH FIS`** - **`Annexure A-2 THE TRUE COPY OF THE 161 STATEMENT DATED 05/10/2023 PERTAINING TO THE 3RD RESPONDENT/DE-FACTO COMPLAINANT`** - **`Annexure A-3 THE TRUE COPY OF THE 161 STATEMENT DATED 06/10/2023, PERTAINING TO THE 3RD RESPONDENT/DE-FACTO COMPLAINANT`** - **`Annexure A-4 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 07/10/2023 PERTAINING TO CW-2, THE VICTIM`** - **`Annexure A-5 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 10/10/2023 PERTAINING TO CW-2, THE VICTIM`** - **`Annexure A-6 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 05/10/2023 PERTAINING TO 4TH RESPONDENT/CW-3`** - **`Annexure A-7 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 05/10/2023 PERTAINING TO CW-4`** - **`Annexure A-8 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 07/10/2023 PERTAINING TO CW-5`** ``` 2025:KER:24359 ``` :9: **==> picture [57 x 57] intentionally omitted <==** Crl.MC.No.8388 of 2024 - **`Annexure A-9 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 07/10/2023 PERTAINING TO CW6`** - **`Annexure A-10 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 07/10/2023 PERTAINING TO CW-7`** - **`Annexure A-11 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 10/10/2023 PERTAINING TO CW-8`** - **`Annexure A-12 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 10/10/2023 PERTAINING TO CW-9`** - **`Annexure A-13 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC PERTAINING TO CW-10`** - **`Annexure A-14 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 30/10/2023 PERTAINING TO CW-11`** - **`Annexure A-15 THE TRUE COPY OF THE STATEMENT RECORDED UNDER SECTION 161 OF THE CRPC DATED 30/10/2023 PERTAINING TO CW-12`** - **`Annexure A-16 THE CERTIFIED COPY OF THE FINAL REPORT NO.1203/2023 OF KOYILANDY POLICE STATION DATED 30-10-2023`** - **`Annexure A-17 THE AFFIDAVIT DATED 01/10/2024 SWORN BY THE 3RD RESPONDENT`** - **`Annexure A-18 THE AFFIDAVIT DATED 01/10/2024 SWORN BY THE 4TH RESPONDENT`**