Ansamaged; Thasimaged; Muhammed Jibin v. State of Kerala

CRL.MC NO. 5695 OF 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 7[TH] DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945 CRL.MC NO. 5695 OF 2023** ## **PETITIONER/S:** 1 ANSAMAGED 34 YEARSHOUSE NO.VI/678 SAM COTTAGE, PALODE VILLAGE, PERINGAMALA WARD, ILIPPAKKONAM, NEAR KADAKKAL PUTHAN PALLI, PERINGAMALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695563 2 THASIMAGED 25 YEARSHOUSE NO.XI/451, THASIM MANSIL, THENNUR VILLAGE, KADAKKAL, NEAR CHITTOR PALLI MEERAM VETY, KARIKKAKAM, PERINGAMALA P.O., THIRUVANANTHAPURAM DISTRICT., PIN - 695563 3 MUHAMMED JIBINAGED 25 YEARSIDAVILAKATH PUTHAN VEED, PERINGALMALA VILLAGE, ILIPPAKKONAM, PUTHAN PALLI, PERINGAMALA P.O., THIRUVANANTHAPURAM DISTRICT., PIN - 695563 BY ADVS. ABU MATHEW AJU MATHEW ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTORHIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031, THROUGH STATION HOUSE OFFICER, PALODE POLICE STATION, THIRUVANANTHAPURAM RURAL POLICE DISTRICT, THIRUVANANTHAPURAM DISTRICT, PIN - 695562 2 SHYAM LALAGED 21 YEARSSHARU VILASAM HOUSE, KOLACHAL, MUTHUKANI DESOM, THENNUR VILLAGE, PERINGAMALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695563 3 SHYAM LALAGED 21 YEARSS/O. LAL, SHARU VILASAM HOUSE, KOLACHAL, MUTHUKANI DESOM, THENNUR VILLAGE, PERINGAMALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695563 CRL.MC NO. 5695 OF 2023 2 ## **OTHER PRESENT:** RENJITH NT.R PP, VINU CHAND THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 5695 OF 2023 3 ## **P.V.KUNHIKRISHNAN, J** **--------------------------------------Crl.M.C. No. 5695 of 2023 -------------------------------------Dated this the 7[th] day of September, 2023** ## **O R D E R** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. The petitioners are the accused in SC No. 289/2020 on the file of the Sessions Court, Thiruvananthapuram. The 2[nd] respondent is the defacto complainant. The above case is chargsheeted against the petitioners alleging offences punishable under Secs. 294(b), 341, 323, 506(i) r/w 34 IPC and Sec.3(1)(r), (s) and (zd) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The prosecution case is that on 26.12.2017, after the exam while the 2[nd] respondent and his friends were waiting to return to home, the petitioners along with few other persons CRL.MC NO. 5695 OF 2023 4 forcefully taken the 2[nd] respondent to the market and demanded him to settle the case between Bilal and other plus two students. Since the 2[nd] respondent was not agreed, the petitioners attacked him and threatened him by calling caste name with abusive words and slapped on his face. On the said allegations the 2[nd] respondent lodged a complaint and Palode Police registered Annexure-A1 FIR against the petitioners and without conducting any proper investigation or enquiry, submitted Annexure-A2 final report for the offences alleged above. 4. The learned counsel for the petitioners submits that the parties have settled their dispute and do not wish to pursue the prosecution proceedings. The counsel relies on the affidavit filed by the victim in support of his contention. The counsel appearing for the victim also submitted that the matter is settled and the victim has no objection in quashing the prosecution. 5. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. The Public Prosecutor submitted CRL.MC NO. 5695 OF 2023 5 that the accused in this case are involved in some other cases also. But, it is conceded that the offences alleged in those cases are all minor offences. The Public Prosecutor also conceded that the matter is settled between the parties. 6. This Court has considered the submission of the petitioners, victim and the Public Prosecutor and has also gone through the records including the affidavit filed by the victim. 7. In **State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688),** three judge bench of the Hon'ble Supreme Court has summarized the situation in which non compoundable offences can be quashed invoking the powers under Section 482 of the Code. The apex court in _**Laxmi Narayan**_ 's case (supra) also relied on the law laid down in **Gian Singh v. State of Punjab and another (2012 (10) SCC 303)** and **Narinder Singh and others v. State of Punjab and another (2014 (6) SCC 466)** . The apex court in paragraph 13 of the _**Laxmi Narayan**_ 's case discussed the law in detail and the same is extracted hereunder: _“13. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under:_ CRL.MC NO. 5695 OF 2023 6 _i) that the power conferred under S.482 of the Code to quash the criminal proceedings for the non - compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;_ _ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;_ _iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender;_ _iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under S.482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of S.307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of S.307 IPC is there for the sake of it or the prosecution has collected sufficient_ CRL.MC NO. 5695 OF 2023 7 _evidence, which if proved, would lead to framing the charge under S.307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital / delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed / charge is framed and / or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated herein above;_ _v) while exercising the power under S.482 of the Code to quash the criminal proceedings in respect of non- compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement / compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.”_ 8. Keeping in mind the above dictum laid down by the Apex Court, this court perused the facts in this case and also perused the documents produced by the parties. After going through the entire facts and circumstances I am of the considered opinion that the dispute is private in nature and the CRL.MC NO. 5695 OF 2023 8 settlement can be accepted. Therefore, this Criminal Miscellaneous case is allowed. All further proceedings against the petitioners in SC No. 289/2020 on the file of the Sessions Court, Thiruvananthapuram arising from Crime No. 50/2018 of Palode Police Station are quashed. **sd/P.V.KUNHIKRISHNAN JUDGE** SKS CRL.MC NO. 5695 OF 2023 9 ## **APPENDIX OF CRL.MC 5695/2023** PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FINAL REPORT FILED IN CRIME NO.50 OF 2018 IN S.C.NO.289 OF 2020 ON THE FILE OF THE SESSIONS COURT THIRUVANANTHAPURAM Annexure A2 CERTIFIED COPY OF FINAL REPORT FILED IN CRIME NO.50 OF 2018 IN S.C.NO.289 OF 2020 ON THE FILE OF THE PRINCIPAL SESSIONS COURT THIRUVANANTHAPURAM. Annexure A3 ORIGINAL NOTARIZED AFFIDAVIT DATED 24-052023 EXECUTED BY THE 2ND RESPONDENT/DE FACTO COMPLAINANT.