Anoop and others v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941** ## **Crl.MC.No.3759 of 2019** **AGAINST THE ORDER/JUDGMENT IN SC NO.1177/2014 OF PRINCIPAL SUB COURT, TRIVANDRUM** **CRIME NO.557/2011 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM** ## **PETITIONER/S:** **1 ANOOP AGED 26 YEARS S/O.ASOKAN, RESIDING AT SUDHA BHAVAN, PUTHENVILA, PARAKADAYIL, ALATHUKAVU, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN695601.** **2 NIYAS AGED 26 YEARS S/O.RASHEED, RESIDING AT A.R.MANZIL, NEAR GOVT. U.P.SCHOOL, 3RD WARD PULIMATH, KILIMANOOR, THIRUVANANTHAPURAM, PIN-695601. 3 ANWAR SAJAD AGED 29 YEARS S/O.ABDUL KHADAR, HOUSE NUMBER 57, BISMI MANZIL, JOSEPH LANE, KARAKULAM VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN695564. 4 ANOOP AGED 31 YEARS S/O.BALACHANDRAN NAIR, ANJALI NIVAS, VAZHOTTUKONAM, VATTIYOORKAVU, THIRUVANANTHAPURAM DISTRICT, PIN-695013.** Crl.MC.No.3759 of 2019 ..2.. - **5 ABHIJITH** - **AGED 29 YEARS** **S/O.GOPAN, RESIDING AT A.G.HOUSE, OLIPPUNADA, 4TH WARD., MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, PIN-695571.** - **6 SANU AGED 29 YEARS** **S/O.SEKHARAN, RESIDING AT ASWATHY BHAVN NEAR SREE BHADRAKALI TEMPLE, PALLOM, KARAKULAM, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN-695121.** - **7 NASEEM** **AGED 28 YEARS** **S/O.ASHWARAF, RESIDING AT T.C.67/3717, KN.18, NEAR THYAKAPPALI KALLATUMIKKU, AMBALATHARA, MUTTATHARA, THIRUVANANTHAPURAM.** **8 ABIN AGED 29 YEARS S/O.JAYAKUMAR, RESIDING AT AKHI NIVAS, UNDANCODE WARD, KARAKKONAM, KUNNATHUKAL, THIRUVANANTHAPURAM DISTRICT.** **BY ADVS. SRI.J.R.PREM NAVAZ SHRI.MITHUN P. SHRI.SUMEEN S. SMT.PARVATHY S.KRISHNAN** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.** - **2 VISHNU,** **AGED 26 YEARS, S/O.VIJAYAKUMARAN UNNITHAN, UTHRADAM, PANAPPAMKUNNU, MALAKKAL.P.O., MADAVOOR, PALLICKAL, THIRUVANANTHAPURAM DISTRICT, PIN-695602.** Crl.MC.No.3759 of 2019 ..3.. - **3 GIRI KRISHNAN, AGED 28 YEARS, S/O.GOPALAKRISHNAN NAIR, RESIDING AT KRISHNALAYAM, PANGODU WARD, PARAKKAL, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695607.** **4 GANESH, AGED 27 YEARS, S/O.RAJENDRAN NAIR, RESIDING AT R.G.BHAVAN, NEAR OLD MARKET, PONGANAD WARD, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN695601.** - **5 RAHUL, AGED 26 YEARS, S/O.SANTHOSH KUMAR, RESIDING AT AVANI HOUSE, NEAR OLD MARKET PONGANADU WARD, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN695001.** **BY ADV. SRI.AJOY VENU** ## **OTHER PRESENT:** **SRI RAMESH CHAND PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.3759 of 2019 ..4.. ## **ORDER** This petition is filed under Section 482 of the Cr.P.C. 2. The petitioners herein have approached this Court seeking to quash the proceedings pending against them as S.C. No. 1177 of 2014 on the file of the Additional Assistant Sessions Judge-III, Thiruvananthapuram wherein they face accusations of having committed offences punishable under Sections 143, 147, 148, 294(b), 308, 324 and 341 r/w Section 149 of the IPC. 3. Brief facts of the case necessary to be noticed for considering the prayer sought for is that on 12.07.2011 at about 1.55 pm., the petitioners wrongfully restrained the party respondents and they are alleged to have attacked them causing injuries. 4. Heard Sri.Prem Navaz, the learned counsel appearing for the petitioners, Sri.Ajoy Venu, the learned counsel appearing for the party respondents and the learned Public Prosecutor. Crl.MC.No.3759 of 2019 **==> picture [31 x 8] intentionally omitted <==** 5. It is submitted by the learned counsel appearing for the parties that the parties have managed to resolve their disputes and have agreed to live peaceably. It is asserted that in the affidavits sworn to by the victims, they have stated that they have no further grievance against the petitioners. They maintain that the termination of the criminal proceedings would resolve a festering private dispute between the parties and enable them to pursue their life as law abiding citizens. According to the learned counsel, no purpose would be served in continuing with the criminal proceedings in view of the changed circumstances. 6. The learned Public Prosecutor, on instructions, submitted that the investigating officer has reported that no other crimes are registered against the petitioners. It is further submitted that the State has no serious objection in quashing the proceedings as no public interest is involved. 7. I have considered the submissions advanced and have perused the records. The records do not reveal that any serious injuries were sustained by the victims. In **Gian Singh** Crl.MC.No.3759 of 2019 **==> picture [31 x 8] intentionally omitted <==** **v. State of Punjab** [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victims and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in **Parbatbhai Aahir v. State of Gujarat** [2017 (12) SCALE 187] **.** 8. Having considered the submissions and on perusing the records, it appears that the offences are entirely personal in nature and do not affect public peace or tranquility. The injuries allegedly inflicted by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It is also felt that quashing of proceedings on account of compromise would bring about peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the victims and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony. Crl.MC.No.3759 of 2019 ..7.. In the result, this petition is allowed. Annexure-A1 final report and all further proceedings pursuant thereto against the petitioners now pending as SC No. 1177 of 2014 on the file of the Additional Assistant Sessions Judge-III, Thiruvananthapuram are quashed. ## **SD/-** **RAJA VIJAYARAGHAVAN V., JUDGE** Bka/ //TRUE COPY// P.A. TO JUDGE Crl.MC.No.3759 of 2019 ..8.. ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE CERTIFIED COPY OF THE CHARGE SHEET/FINAL REPORT IN CRIME NO.557/2011 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM DISTRICT.** **ANNEXURE A2 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT. ANNEXURE A3 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT/INJURED. ANNEXURE A4 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 4TH RESPONDENT/INJURED. ANNEXURE A5 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 5TH RESPONDENT/INJURED.**