Aneesh @ Nithin and others v. State of Kerala and Jaya Krishnan C.J.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** **TUESDAY, THE 10TH DAY OF SEPTEMBER 2013/19TH BHADRA, 1935** ## **Crl.MC.No. 3912 of 2013 ()** ## **--------------------------CRIME NO. 933/2013 OF PATTAMBI POLICE STATION , PALAKKAD DISTRICT --------------------------------------------** ## **PETITIONER(S)/ACCUSED 1 TO 4:** **--------------------------------------------------------** ## **1. ANEESH @ NITHIN,** - **S/O.HEMA CHANDRA MENON, CHEERATH LAKSHMI NIVAS, ALIKKAPARAMB,** - **PERUMUDIYOOR P.O., PALAKKAD DISTRICT- 679 303.** **2. VINIL, AGED 24 YEARS,S/O.UNNIKRISHNAN, PANTHAM VEETIL HOUSE, ALIKKAPARAMB, PERUMUDIYOOR P.O., PALAKKAD DISTRICT .** **3. VISHNU, S/O.RAVEENDRAN, AGED 21 YEARS, ALIKAPARAMB, PERUMUDIYOOR P.O., PALAKKAD DISTRICT- 679 303.** **4. SAJEESH, AGED 24 YEARS,S/O.UNNIKRISHNAN, PANTHAM VEETIL HOUSE, ALIKKAPARAMB, PERUMUDIYOOR P.O., PALAKKAD DISTRICT -679 303.** **BY ADV. SRI.A.HAROON RASHEED** ## **RESPONDENTS/COMPLAINANT/STATE:** **----------------------------------------------------------** ## **1. STATE OF KERALA,** - **REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** **2. JAYA KRISHNAN C.J., AGED 27 YEARS, S/O.JAYAN, CHEROOR HOUSE, KILIVALAM KUNNU, KOOTTANAD P.O, PALAKKAD DT. -679 533.** **R1 BY PUBLIC PROSECUTOR SMT. S.HYMA R2 BY ADV. SRI.T.PRASAD** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **sts** **Crl.MC.No. 3912 of 2013 () --------------------------------------** ## **APPENDIX** **PETITIONER(S)' ANNEXURES: -------------------------------------------** **ANNX.A1 - THE CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.933/2013 OF PATTAMBI POLICE STATION IN PALAKKAD DISTRICT. ANNX.A2 - THE TRUE COPY OF THE AFFIDAVIT DATED 7-9-13 EXECUTED BY THE 2ND RESPONDENT.** **RESPONDENT(S)' ANNEXURES: NIL** ## **/TRUE COPY/** ## **P.A.TO.JUDGE** **sts** ## **V.K.MOHANAN, J. ------------------------------Crl.M.C.No.3912 of 2013 ------------------------------Dated this the 10[th] day of September, 2013.** ## **O R D E R** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are accused Nos.1 to 4 in Crime No.933/2013 of Pattambi Police Station for the offences punishable under Sections 341,323, 308, 506(1), 294(b) r/w 34 of I.P.C. with a prayer to quash Annexure-A1 FIR in the above crime, pending on the file of the Judicial First Class Magistrate court, Pattambi, as the matter is settled out of court. 2. The allegation in the above case is that the accused persons chased the 2[nd] respondent/de facto complainant and his friends, in a vehicle, who were riding on motor bikes, and intercepted them. After wrongfully restraining the riders of the bikes, the accused persons are **Crl.M.C.No.3912 of 2013** 2 alleged to have assaulted the 2[nd] respondent/de facto complainant, one among the accused persons fisted the 2[nd] respondent/de facto complainant with iron bangle but it was warded off, and it is the basis to include the offence under section 308 of IPC. Now, the case of the petitioners is that the matter is settled out of court with the 2[nd] respondent/de facto complainant, who sworn into Annexure-A2 affidavit. 3. Heard the learned counsel for the petitioners as well as the 2[nd] respondent. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioners submitted that during the pendency of the above crime, the matter is settled amicably between the parties to the dispute which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings. 5. The learned counsel for the 2[nd] respondent who on the basis of specific instruction received from the **Crl.M.C.No.3912 of 2013** 3 respondent submitted that the above respondent, who is the de facto complainant does not intend to proceed any further against the petitioners and he has no grievance against them. 6. I have carefully considered the above submissions of the respective counsel. I have verified the documents and materials produced along with the above petition. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition. 7. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only under Sections 341, 323, 308, 506(1), 294(b) r/w 34 of I.P.C. which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are involved, the real parties to the dispute approached this Court after **Crl.M.C.No.3912 of 2013** 4 having amicably settled the matter. From the submission made by the counsel for the 2[nd] respondent, it appears to me that the de facto complainant has no further grievance against the petitioners/accused in the light of the settlement arrived by them. In this juncture, it is relevant to note the decision of the Honourable Apex Court reported in **Gian Singh** v. **State of Punjab** [2012(4) KLT 108(SC)]. In Gian Singh's case, the Supreme Court has held as follows:- “57. 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.” **Crl.M.C.No.3912 of 2013** 5 ## 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, mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes 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........” According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision is applicable in the present case. According to me, as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote and encourage such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note **Crl.M.C.No.3912 of 2013** 6 that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decisions cited supra, this Criminal M.C. can be allowed granting the relief as sought for. In the result, this Crl.M.C. is allowed, quashing Annexure - A1 FIR and all further proceedings pending against the petitioners in Crime No.933/2013 of Pattambi Police Station, which is now pending on the file of the Judicial First Class Magistrate court, Pattambi. Sd/- **V.K.MOHANAN, Judge** ami/ //True copy// P.A. to Judge