Ansar and others v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 22 ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 CRL.MC NO. 3724 OF 2023 ``` ``` AGAINST THE CHARGE SHEET IN CC 174/2015 BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS, KOLENCHERRY PETITIONERS/ACCUSED NOS.1 TO 13: ``` - **`1 ANSAR AGED 29 YEARS S/O. HASSAINAAR, CHITTETHUKUDI VEEDU, MAZHUVANNUR KARA, KUNNATHUNADU, ERNAKULAM., PIN - 686669`** - **`2 VISHNU JAYAKUMAR AGED 28 YEARS S/O. JAYAKUMAR, IRUTHIPILLIL VEEDU, PAZHAMTHOTTAM KARAYIL, AIKARANADU NORTH VILLAGE, ERNAKULAM, PIN - 682311`** - **`3 AMAL SHYJU AGED 28 YEARS S/O. SHYJU, PUTHENPURAKKAL VEETTIL, VADAVUKODE, PUTHENCRUZ, ERNAKULAM., PIN - 682310`** - **`4 BASIL PAUL AGED 29 YEARS S/O. PAUL, AAPPILLIL VEETIL, PAZHANTHOTTAM, AIKARANADU NORTH VILLAGE, ERNAKULAM., PIN - 682311`** - **`5 RANJITH RAJAN AGED 29 YEARS S/O. RAJAN, PANNIKUZHIYIL HOUSE, POOTHRUKKA, AIKARANADU SOUTH VILLAGE, ERNAKULAM., PIN - 682310`** - **`6 JITHIN LAL AGED 29 YEARS S/O. GOPI, MULLAKKAL HOUSE, KAANINATTU KARAYIL, PUTHENCRUZ, ERNAKULAM., PIN - 682310`** - **`7 JISHNU SUKUMARAN AGED 28 YEARS S/O. SUKUMARAN, ELLUMMALAYIL VEETIL, PUTHENCRUZ, ERNAKULAM, PIN - 682310`** - **`8 NITHIN MOHANAN AGED 28 YEARS S/O. MOHANAN, MUNDAKKAL HOUSE, IRINGOL KARAYIL, PERUMBAVOOR VILLAGE, ERNAKULAM., PIN - 683545`** - **`9 NANDAKUMAR AGED 29 YEARS S/O. HARILAL, MULLAKKAL VEETTIL, KINGINIMATTOM, AIKARANADU SOUTH VILLAGE, ERNAKULAM., PIN - 682310`** - **`10 VISHNU K.H. AGED 28 YEARS S/O. HARIKUMAR, KOCHUMUMBALATHU HOUSE, ALLAPPRA KARAYIL, VENGOLA VILLAGE, ERNAKULAM., PIN - 683556`** - **`11 VISHNUPRASAD AGED 28 YEARS S/O. VELAYUDHAN, KAPPATELLIL VEETTIL, KUMARAPURAM KARAYIL,`** ``` CRL.MC NO. 3724 OF 2023 ``` ``` 2 ``` ||**`KUNNATHUNADU VILLAGE, ERNAKULAM., PIN - 683565`**| |---|---| |**`12`**|**`ALEX`**| ||**`AGED 28 YEARS`**| ||**`S/O. JOSE, MUNDAKKAL HOUSE, AYYAPPANCOIL KARAYIL,`**| ||**`UDUMBANCHOLA, IDUKKI, KERALA., PIN - 685507`**| |**`13`**|**`NITHISH BALACHANDRAN`**| ||**`AGED 29 YEARS`**| ||**`S/O. BALACHANDRAN, ANJALITHADOM HOUSE, THIRUVAMKULAM,`**| ||**`THIRUVAMKULAM VILLAGE, ERNAKULAM., PIN - 682305`**| ||**`BY ADV BALAMURALI K.P.`**| ## **`RESPONDENTS/STATE & DEFACTO COMPLAINANT & INJURED:`** |**`1`**|**`STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY THE PUBLIC PROSECUTOR,`**| ||**`HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031`**| |**`2`**|**`YEDHUKRISHNAN`**| ||**`AGED 28 YEARS`**| ||**`S/O. KRISHNAN KUTTY, KOLLAMMAVOOTY HOUSE, KALAMBOOR KARA,`**| ||**`INJAKADATHI BHAGOM, ENANELOOR VILLAGE, ERNAKULAM., PIN -`**| ||**`686673`**| |**`3`**|**`AKHIL`**| ||**`AGED 29 YEARS`**| ||**`S/O. RAGHU, KATTACHIRAKUNNEL VEETIL, PERUVUMOOZHI BHAGOM,`**| ||**`KADAMATTOM KARAYIL, AIKARANAD NORTH VILLAGE, ERNAKULAM., PIN`**| ||**`- 682311`**| |**`4`**|**`ABHIJITH`**| ||**`AGED 28 YEARS`**| ||**`S/O. ASHOKAN, VADAKKAT VEETIL, INJAKADATHI BHAGOM, KALAMBOOR`**| ||**`KARAYIL, ENANELOOR VILLAGE, ERNAKULAM., PIN - 686673`**| |**`5`**|**`HARIKRISHNAN`**| ||**`AGED 28 YEARS`**| ||**`S/O. RAJU, IDATHANIYIL VEETIL, KAMAKAPILLY KARAYIL,`**| ||**`AIKARANAD SOUTH VILLAGE, ERNAKULAM., PIN - 682310`**| |**`6`**|**`AKESH`**| ||**`AGED 27 YEARS`**| ||**`S/O. SURENDRAN, MANAKKAD VEETIL, VALAKOM KARAYIL, VALAKOM`**| ||**`VILLAGE, ERNAKULAM., PIN - 682316`**| |**`7`**|**`VARGHESE K.V.`**| ||**`AGED 28 YEARS`**| ||**`S/O. VARKEY, KANJIRAMKUZHIYIL THEKKEVEETIL, NADUKARA BHAGOM,`**| ||**`RAMAMANGALAM VILLAGE, ERNAKULAM., PIN - 686663`**| |**`8`**|**`RINU`**| ||**`AGED 27 YEARS`**| ||**`S/O. VARGHESE, THADATHIL VEETIL, MEKADAMBU KARAYIL, VALAKOM`**| ||**`VILLAGE, ERNAKULAM., PIN - 682316`**| |**`9`**|**`AMAL`**| ||**`AGED 27 YEARS`**| ||**`S/O. GEORGE, PONAATTU VEETIL, MEKADAMBU KARAYIL, VALAKOM`**| ||**`VILLAGE, ERNAKULAM., PIN - 682316`**| ||**`SRI TR RENJITH SR PUBLIC PROSECUTOR`**| ``` CRL.MC NO. 3724 OF 2023 ``` ``` 3 ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 3724 OF 2023 ``` ``` 4 ``` ## **ORDER** This petition is filed invoking the powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (“the Code”) for the sake of brevity. 2. The petitioners herein are the accused Nos. 1 to 13 in CC.No.174 of 2015 on the files of the Judicial Magistrate of the First Class, Kolenchery. In the above case, they face indictment for the offenses punishable under Sections 143, 147, 148, 323, 324, and 326 r/w. Section 149 of the IPC. 3. The prosecution allegation is as under: On 29.09.2014, at about 1.00 p.m., the petitioners herein, who are students of St. Peters College, formed themselves into an unlawful assembly and, in the prosecution of their common object, attacked the respondents 2 to 9, who are rival students of the same college and caused injuries. 4. The learned counsel appearing for the petitioners submitted that the petitioners, as well as the party respondents, are students and they have settled their disputes. They have no intention to pursue the prosecution proceedings. Reliance is placed on Annexure 2 to 9 affidavits filed by the party respondents to substantiate their contention. According to the learned counsel, if the proceedings are terminated, recording the amicable settlement, the parties can embark upon their future paths in an atmosphere of tranquility and mutual respect. 5. When the matter had come up for admission, this court had ``` CRL.MC NO. 3724 OF 2023 ``` ``` 5 ``` directed the investigating officer concerned to record the statement of the defacto complainant/injured/victim and report as to whether the assertion in the petition and the affidavit filed in support that entire disputes have been resolved between the parties concerned is true and genuine. The investigating officer was also directed to report as to whether the petitioners are persons with criminal antecedents and whether there is any other impediment in terminating the criminal proceedings. 6. The learned Public Prosecutor has raised reservations with regard to the prospect of quashing the present proceedings purely on the basis of the settlement. It is urged that the extant circumstances may not warrant the exercise of the court's inherent jurisdiction, as conferred under Section 482 of the Code of Criminal Procedure. However, it is fairly submitted that no other transgressions or complaints stand registered against the Petitioners hitherto. It is further submitted that the statement of the party respondents has been recorded, and they have unequivocally expressed that they harbor no enduring grievances. 7. I have considered the submissions and have gone through the records. 8. In **State of M.P. v. Laxmi Narayan,[ 1 ]** , a three-judge bench of the Hon’ble Supreme Court has summarised the law as laid down in **Gian** > 1 [(2019) 5 SCC 688] ``` CRL.MC NO. 3724 OF 2023 ``` ``` 6 ``` **Singh v. State of Punjab[ 2 ]** , **Narinder Singh v. State of Punjab[ 3 ]** , **State of Rajasthan v. Shambhu Kewat[ 4 ]** , **State of M.P. v. Deepak[ 5 ] , State of M.P. v. Manish[ 6 ]** , **J. Ramesh Kamath v. Mohana Kurup[ 7 ]** ; **State of M.P. v. Rajveer Singh[ 8 ]** , **Parbatbhai Aahir v. State of Gujarat[ 9 ] , State of M.P. v. Kalyan Singh[ 10 ] and State of M.P. v. Dhruv Gurjar[ 11 ]** . It was laid down as under: 15. Considering the law on the point and the other decisions of this Court on the point referred to hereinabove, it is observed and held as under: - 15.1. That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 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; - 15.2. 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; - 15.3. Similarly, such power is not to be exercised for the offences under the special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that > 2 (2012) 10 SCC 303 > 3 2014 (6) SCC 466 > 4 (2014) 4 SCC 149 > 5 (2014) 10 SCC 285 > 6 (2015) 8 SCC 307 > 7 2016) 12 SCC 179 > 8 (2016) 12 SCC 471 > 9 (2017) 9 SCC 641 > 10 (2019) 4 SCC 268 > 11 (2019) 5 SCC 570] ``` CRL.MC NO. 3724 OF 2023 ``` ``` 7 ``` capacity are not to be quashed merely on the basis of compromise between the victim and the offender; - 15.4. Offences under Section 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 Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 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 Section 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 Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 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/delicate 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 paras 29.6 and 29.7 of the decision of this Court in Narinder Singh [ Narinder Singh v. State of Punjab , (2014) 6 SCC 466 : (2014) 3 SCC (Cri) 54] should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; - 15.5. While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offenses, which are private in nature and do not have a serious impact 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 ``` CRL.MC NO. 3724 OF 2023 ``` ``` 8 ``` 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. 9. Having carefully analyzed the nature of the allegations, the gravity of the offense, the severity of injuries inflicted, antecedents of the petitioners, and the relationship between the parties, I am of the considered opinion that the quashing of proceedings on the basis of the settlement will not have any adverse impact on the society and it would only inure to bring about peace and secure the ends of justice. Even otherwise, persisting with the prosecution would be nothing but a waste of time as the prospects of conviction are bleak. Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extraordinary powers under Section 482 of the Code to quash the proceedings. Resultantly, this petition will stand allowed. Annexure-1 Final Report in Crime No. 1341/2014 of Puthencruz Police Station and all further proceedings pending against the petitioners as C.C.No.174/2015 on the file of the Judicial Magistrate of the First Class, Kolancherry, are quashed. ## **Sd/-** **RAJA VIJAYARAGHAVAN V., JUDGE** ps/- ``` CRL.MC NO. 3724 OF 2023 ``` ``` 9 ``` ## **`APPENDIX OF CRL.MC 3724/2023`** ||**`APPENDIX OF CRL.MC 3724/2023`**| |---|---| |**`PETITIONERS’`**|**`ANNEXURES:`**| |**`ANNEXURE1`**|**`THE CERTIFIED COPY OF THE CHARGE SHEET IN THE`**| ||**`CASE - C.C. NO. 174/2015 ON THE FILES OF THE`**| ||**`COURT OF THE JUDICIAL FIRST-CLASS MAGISTRATE,`**| ||**`KOLENCHERY.`**| |**`ANNEXURE2`**|**`THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND`**| ||**`RESPONDENT (YEDHUKRISHNAN) ATTESTED BY HIS`**| ||**`COUNSEL.`**| |**`ANNEXURE3`**|**`THE ORIGINAL AFFIDAVIT SWORN BY THE 3RD`**| ||**`RESPONDENT (AKHIL) ATTESTED BY HIS COUNSEL.`**| |**`ANNEXURE4`**|**`THE ORIGINAL AFFIDAVIT SWORN BY THE 4TH`**| ||**`RESPONDENT (ABHIJITH) ATTESTED BY HIS COUNSEL.`**| |**`ANNEXURE5`**|**`THE ORIGINAL AFFIDAVIT SWORN BY THE 5TH`**| ||**`RESPONDENT (HARIKRISHNAN) ATTESTED BY HIS`**| ||**`COUNSEL.`**| |**`ANNEXURE6`**|**`THE ORIGINAL AFFIDAVIT SWORN BY THE 6TH`**| ||**`RESPONDENT (AKESH) ATTESTED BY HIS COUNSEL.`**| |**`ANNEXURE7`**|**`THE ORIGINAL AFFIDAVIT SWORN BY THE 7TH`**| ||**`RESPONDENT (VARGHESE K.V.) ATTESTED BY HIS`**| ||**`COUNSEL.`**| |**`ANNEXURE8`**|**`THE ORIGINAL AFFIDAVIT SWORN BY THE 8TH`**| ||**`RESPONDENT (RINU) ATTESTED BY HIS COUNSEL.`**| |**`ANNEXURE9`**|**`THE ORIGINAL AFFIDAVIT SWORN BY THE 9TH`**| ||**`RESPONDENT (AMAL) ATTESTED BY HIS COUNSEL.`**| |**`RESPONDENTS’`**|**`ANNEXURES:NIL`**|