Ameesh Khan, Remish Khan & Shaji v. State of Kerala and Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 19TH DAY OF DECEMBER 2014/28TH AGRAHAYANA, 1936 Crl.MC.No.7254 of 2014 (E) --------------------------CC 63/2013 of J.M.F.C.-I, NEDUMANGAD CRIME NO.561/2012 OF VALIYAMALA POLICE STATION, THIRUVANANTHAPURAM PETITIONER(S)/ACCUSED: ----------------------------- 1. AMEESH KHAN, AGED 22 YEARS S/O.SHAJAHAN, M.K.P.HOUSE, KUTTUPUZHA ANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. 2. REMISH KHAN, AGED 22 YEARS S/O.SHAJAHAN, M.K.P.HOUSE, KUTTUPUZHA ANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. 3. SHAJI, AGED 19 YEARS S/O.RAHMATHULLA, SHAJI MANZIL, THOLLIYODE KARIPOOR VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE & COMPLAINANTS: ---------------------------------------------- ## 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS HIGH COURT OF KERALA, ERNAKULAM. 682 031. 2. SUB INSPECTOR OF POLICE VALIYAMALA POLICE STATION, THIRUVANANTHAPURAM. 3. MUHAMMED SHAN, AGED 19 YEARS S/O.SHAJI, RAFI MANZIL, PUTHENKUNNU PANAYAMUTTAM.P.O., PANAVOOR VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM. 4. SHAMNAD, AGED 20 YEARS S/O.LATHEEF, SHAMNAD MANZIL, THETTIKUNNU KORALIYODE, ANAD VILLAGE, NEDUMANGAD TALUK THIRUVANANTHAPURAM. R3 & 4 BY ADV. SRI.R.ARUN R1 & R2 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 7254 of 2014 () --------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------- ANNEXURE-A1. TRUE COPY OF THE FIR IN CRIME NO.561/2012 OF VALIYAMALA POLICE STATION. ANNEXURE-A2. TRUE COPY OF THE FINAL REPORT IN ANNEXURE A1. ANNEXURE-A3. TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT ANNEXURE-A4. TRUE COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT RESPONDENT(S)' EXHIBITS: NIL ------------------------------- // TRUE COPY // P.A TO JUDGE. ## **ALEXANDER THOMAS, J. ----------------------------Crl.M.C.No.7254 Of 2014 --------------------------------Dated this the 19[th] day of December, 2014. O R D E R** The petitioners herein are the accused in the impugned Annexure-A1 FIR in Crime No.561/2012 of Valiyamala Police Station, Thiruvananthapuram District alleging offences under Secs. 294(b), 324, 341 r/w 34 IPC. The police after investigation filed the impugned Annexure-A2 Final Report/Charge Sheet in the impugned Annexure-A1 Crime No.561/2012 of Valiyamala Police Station which has led to pendency of calendar case, C.C.No.63/2013 on the file of the Judicial First Class Magistrate Court-I, Nedumangad. The brief of the prosecution case is that the petitioners assaulted respondents 3 & 4 herein with a knife and inflicted minor injuries at about 8:30 p.m. on 17.11.2012 and thereby committed the offences under Secs. 294(b), 324, 341 r/w 34 IPC. It is stated that the entire disputes between the petitioners and the contesting respondents have been settled. The contesting respondents 3 & 4 have filed separate affidavits dated 3.12.2014, produced as Annexures A3 & A4 respectively ::2:: ## **Crl.M.C.No.7254 Of 2014** in this Crl.M.C., stating that the incident which led to the registration of the impugned Crime No.561/2012 of Valiayamala Police Station occurred due to misunderstanding between the petitioners herein and the contesting respondents 3 & 4 have settled the disputes between the petitioners and that respondents 3 & 4 have no objection in the termination of the impugned criminal proceedings pending against the petitioners and that they have not sustained any serious injuries in the crime and that they are not interested to continue the criminal proceedings against the petitioners any further. It is in the background of these facts and circumstances that the petitioners have filed the instant Crl.M.C invoking the inherent powers conferred on this Court under Sec. 482 Cr.P.C with the prayer to quash the impugned Annexure-A2 Final Report/Charge Sheet filed in the impugned Annexure-A1 Crime No.561/2012 of Valiyamala Police Station which has led to the pendency of calendar case, C.C.No.63/2013 on the file of the Judicial First Class Magistrate Court-I, Nedumangad and all further proceedings arising therefrom. ::3:: ## **Crl.M.C.No.7254 Of 2014** 2. The Crl.M.C has been admitted and Sri.R.Arun, Advocate, has taken notice for respondents 3 & 4 and the learned Public Prosecutor has taken notice for respondents 1 & 2. 3. Heard Sri.Latheesh Sebastian, learned counsel appearing for the petitioners, Sri.R.Arun, learned counsel appearing for respondents 3 & 4 and the learned Public Prosecutor appearing for respondents 1 & 2. 4. The learned counsel for the petitioners has submitted that during the pendency of the aforementioned criminal proceedings, the matter has been settled amicably between the parties, and that the continuation of the proceedings in the above case/crime will cause miscarriage of justice to both parties as the real disputants to the controversy have arrived at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State. 5. Sri.R.Arun, learned counsel appearing for respondents 3 & 4 has submitted on the basis of the specific ::4:: ## **Crl.M.C.No.7254 Of 2014** instructions furnished by respondents 3 & 4 that respondents 3 & 4 have amicably settled the disputes with the petitioners and that they have no objection in the quashment of the impugned criminal proceedings and that the complainant/victim/injured does not intend to proceed any further against the petitioners as they have no grievance against them and that they will not raise any dispute/complaint in future if the prayer for quashing the impugned final report is allowed. 6. The learned Public Prosecutor also was heard and submitted that this Court may consider the prayer in this case in the light of the law well settled by the Apex Court in that regard. 7. After having carefully considered the submissions of the parties and after having perused the pleadings as well as the documents and materials placed in this matter, it can be seen that the offences alleged are more or less personal in nature. The crucial aspect of the matter is that though such offences are involved, the real disputants to the controversy, which has led to the impugned criminal proceedings, have actually arrived at an amicable settlement of the matter. From ::5:: ## **Crl.M.C.No.7254 Of 2014** the submissions made by the learned counsel for respondents 3 & 4, it is clear to the Court that the injured/victim/defacto complainant has no further grievance against the petitioners/accused in the light of the settlement arrived at by them. 8. In this connection, it is relevant to note the decision of the Apex Court in the case between _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160, para 61 = (2012) 10 SCC 303 = 2012(4) KLT 108(SC), wherein the Supreme Court has held as follows in para 61 thereof [ See SCC (Cri)]: _“61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.._ ## It is further held as follows:- “...... _... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes_ ::6:: ## **Crl.M.C.No.7254 Of 2014** _where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........”_ In the decision reported in the case _**Yogendra Yadav & others**_ _**v. The State of Jharkhand & another**_ reported in 2014 (8) Scale 634 = III (2014) Current Criminal Reports CCR 426 (SC), the Apex Court has held as follows: _“When the High Court is convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them”._ The Apex Court in the above case was dealing with a case involving offences under Sections 341, 323, 324, 504 & 307 r/w Section 34 Indian Penal Code. 9. Considering the facts and circumstances of this case, it is seen further that the impugned criminal proceedings have arisen consequent to the personal disputes between the disputants and the disputes have been settled amicably between the parties. Accordingly, this Court is inclined to hold ::7:: ## **Crl.M.C.No.7254 Of 2014** that in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived at between the parties, the principles laid down in the aforementioned decisions of the Apex Court will be squarely applicable in the present case. Moreover, since the real disputants to the controversy have amicably settled the disputes, which led to these impugned criminal proceedings, it is also the duty of the court to promote such settlement, instead of compelling the parties to go on with the dispute. It is also pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there may not be any fruitful prosecution and the chances of conviction of the accused is rather negligible and therefore, the net result of continuance of criminal proceedings would be sheer waste of judicial time rather meaningless and therefore would amount to abuse of the process of court proceedings in the larger sense. Hence following decisions of the Apex Court cited supra, this Court is inclined to hold that the Crl.M.C. can be allowed by granting the prayers sought for. ::8:: ## **Crl.M.C.No.7254 Of 2014** In the result, Crl.M.C is allowed and the impugned Annexure-A2 Final Report/Charge Sheet filed in impugned Annexure-A1 Crime No.561/2012 of Valiyamala Police Station which has led to the pendency of C.C.No.63/2013 on the file of the Judicial First Class Magistrate Court-I, Nedumangad and all further proceedings arising therefrom stand quashed. The petitioners shall produce certified copies of this order before the Station House Officer concerned as well as before the court below concerned. **ALEXANDER THOMAS, Judge.** bkn/-