Arun v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023/10TH KARTHIKA, 1945 ``` ``` CRL.MC NO. 8419 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT CP 66/2015 OF JUDICIAL ``` ``` MAGISTRATE OF FIRST CLASS -I, PONNANI ``` ## **`PETITIONER/S:`** ``` ARUN, AGED 36 YEARS ``` ``` S/O ARUMUGHAN, RESIDING AT KORATTIYIL, EDAPAL P.O, MALAPPURAM DISTRICT, PIN - 679576 ``` ``` BY ADV A.JANI(KOLLAM) ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2HARIDASAN, AGED 50 YEARS, S/O BHASKARAN, RESIDING AT PARATTA VEEDU, POLPAKARA P.O, MALAPPURAM DISTRICT, PIN - 679576 ``` - `3 JINESH, AGED 51 YEARS, S/O PARAMESWARAN NAMBIYAR, RESIDING AT VARIYATHU VALAPPIL. EDAPPAL P.O, MALAPPURAM DISTRICT, PIN - 679576` - `4 SURAJ, AGED 36 YEARS, S/O SUBRAHMANYAM, RESIDING AT MARIYAM PARAMBIL, EDAPPAL P.O, MALAPPURAM DISTRICT, PIN - 679576` - `5 HAMSA, AGED 43 YEARS, S/O MOYTHEENKUTTY, RESIDING AT AYYAPPAN KALATHIL HOUSE, NARIPARAMBU P.O, MALAPPURAM DISTRICT, PIN - 679573` ## **`OTHER PRESENT:`** ``` SMT SREEJA V, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ``` ``` ON 01.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -2- Crl.M.C No. 8419 of 2023 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== Crl.M.C No. 8419 of 2023 ============================================================= Dated this the 1[st] day of November, 2023 ## **ORDER** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. Petitioner is the accused in CP No.66 of 2015 on the file of the Judicial First Class Magistrate Court-I, Ponnani, arising from Crime No.977 of 2014 of Ponnani Police Station. The above case is charge sheeted alleging offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 read with 149 IPC. 3. The prosecution case is that the petitioner and other accused formed themselves into an unlawful assembly and wrongfully confined the victim and assaulted the victim and the victim sustained injury. 4. The learned counsel for the petitioner 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 victims in -3- Crl.M.C No. 8419 of 2023 support of his contention. The counsel appearing for the victims also submitted that the matter is settled and the victims have 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. But the Public Prosecutor conceded that the matter is settled between the parties. 6. This Court has considered the submission of the petitioner, victims and the Public Prosecutor and has also gone through the records including the affidavits filed by the victims. 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 -4- Crl.M.C No. 8419 of 2023 _**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: 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_ -5- Crl.M.C No. 8419 of 2023 _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 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_ -6- Crl.M.C No. 8419 of 2023 _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 settlement can be accepted. Therefore, this Criminal Miscellaneous case is allowed. All further proceedings as against the petitioner in CP No.66 of 2015 on the file of the Judicial First Class Magistrate Court-I, Ponnani, arising from Crime No.977 of 2014 of Ponnani Police Station, are quashed. sd/- **P.V.KUNHIKRISHNAN JUDGE** das -7- Crl.M.C No. 8419 of 2023 ## **`APPENDIX OF CRL.MC 8419/2023`** ``` PETITIONER ANNEXURES ``` - `Annexure A1 CERTIFIED COPY OF F.I.R NO. 977 DATED 17/11/2014 OPF PONNANI POLICE STATION` - `Annexure a2 CERTIFIED COPY OF FINAL REPORT NO. 977/2014 DATED 12/06/2015 OF PONNANI POLICE STATION` - `Annexure A3 THE CERTIFIED COPY OF LIST OF WITNESS IN CRIME NO 0977/32015 OF PONNANI POLICE STATION` - `Annexure A4 A CERTIFIED COPY OF THE WOUND CERTIFICATE OF THE 3RD RESPONDENT DATED 16/11/2014, BEFORE THE JFMC, PONNANI ON 12/06/2015,` - `Annexure A5 A CERTIFIED COPY OF THE WOUND CERTIFICATE OF 4TH RESPONDENT DATED 16/11/2014 PRODUCED BEFORE THE JFMC, PONNANI, ON 12/06/2015` - `Annexure A6 A CERTIFIED COPY OF THE WOUND CERTIFICATE OF 5TH RESPONDENT DATED 16/11/2014 PRODUCED BEFORE THE JFMC, PONNANI, ON 12/06/2015,` - `Annexure A7 A CERTIFIED COPY OF THE WOUND` - `CERTIFICATE OF THE 2ND RESPONDENT DATED 16/11/2014, PRODUCED BEFORE THE JFMC, PONNANI ON 12/06/2015,` - `Annexure A8 A TRUE COPY OF STATEMENT OF WITNESSES TAKEN UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEDURE AND PRODUCED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI ALONG WITH DATED 12/06/2015` - `Annexure A9 CERTIFIED COPY OF THE JUDGMENT IN SC NO 6/2016 OF ADDITIOINAL SESSIONS JUDGE III MASNJERY DATED 11/05/2018` ``` Annexure A 10TRUE COPY OF ORDER DATED 21/09/2023 IN CRL.MC NO 1219/2023 IN LP NO 36/2016 BEFORE THE SESSION COURT MANJERY ``` - `Annexure A11` - `Annexure A12` ``` AFFIDAVIT FILED BY THE 2ND RESPONDENT IN THE ABOVE CRL: MC DATED 25/09/2023 AFFIDAVIT FILED BY THE 3RD RESPONDENT IN THE ABOVE CRL: MC DATED 25/09/2023 ``` -8- Crl.M.C No. 8419 of 2023 ``` Annexure 13AFFIDAVIT FILED BY THE 4TH RESPONDENT IN THE ABOVE CRL: MC DATED 25/09/2023 Annexure A14AFFIDAVIT FILED BY THE 5TH RESPONDENT IN THE ABOVE CRL: MC DATED 25/09/2023 ```