Arun v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 12[TH] DAY OF JULY 2023 / 21ST ASHADHA, 1945 CRL.MC NO. 3527 OF 2023`** ``` AGAINSTTHEORDERINSC188/2023OFIADDITIONALSUBCOURT, THIRUVANANTHAPURAM ``` ## **`PETITIONER/ACCUSED :-`** ``` ARUN,AGED37YEARS S/ORAJAN,RESIDINGATVAYALNIKATHVEEDU,TC13/947, PUTHENPALAM,VANCHIYOORTHIRUVANNATHAPURAM,PIN-695035 ``` ``` BYADVS. VISHNUBHUVANENDRAN B.ANUSREE RESHMAUNNIKRISHNAN MIRALK.JOY ``` ## **`RESPONDENTS/STATE & DE FACTO COMPLAINANT :-`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031`** - **`2 THE SUB INSPECTOR OF POLICE VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM., PIN - 695035`** - **`3 ROSHAN S NAIR, AGED 24 YEARS S/O SUNIL SUKUMARAN, RESIDING AT 5B, AGASTHYA APPARTMENTS, VADEKKADU DESAM, VANCHIYOOR VILLAGE, KANNANMOOLA, THIRUVANANTHAPURAM DISTRICT, PIN - 695035`** ## **`BY SRI.M.P.PRASANTH, PUBLIC PROSECUTOR`** ``` THISCRIMINALMISC.CASEHAVINGCOMEUPFORADMISSIONON 12.07.2023,THECOURTONTHESAMEDAYPASSEDTHEFOLLOWING: ``` Crl.M.C No.3527 of 2023 2 ## **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 petitioner herein is the accused in S.C.No.188 of 2023 on the file of the Assistant Sessions Court-II, Thiruvananthapuram. In the aforesaid case, he is accused of having committed offenses punishable under Sections 294(b), 324, 341, and 308 of the IPC. 3. The prosecution allegation is that on 17.12.2022 at about 10.30 pm, the accused assaulted the de facto complainant and thereby caused injuries. 4. Sri. Vishnu Bhuvanendran, the learned counsel appearing for the petitioner, submitted that the petitioner has settled all his disputes with the informant. Reliance is placed on the Annexure-III affidavit filed by the 3rd respondent to substantiate his 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. At any rate, the possibility of Crl.M.C No.3527 of 2023 3 conviction is remote and bleak, and the continuance of criminal proceedings would only put the parties to great oppression and prejudice. 5. The learned Public Prosecutor has vehemently opposed the prayer for quashing the criminal proceedings. It is submitted that the Apex Court in **State of M.P. v. Laxmi Narayan,[1]** has laid down the principles and had observed that quashing of proceedings based on settlement would depend on the facts and circumstances of each case. He would point out that the Apex Court had observed that while quashing the proceedings, the court will have to consider whether the crime is against the society or an individual alone and also the character, conduct, and antecedents of the accused. He would point out that the accused is involved in as many as 29 crimes registered at the Pettah Police Station and four other crimes registered at the Medical College Police Station. 6. I have considered the submissions and have gone through the records. 7. In **State of M.P (supra),** a three-judge bench of the Hon’ble Supreme Court has summarised the law as laid down in **Gian Singh v. State of Punjab[2]** , **Narinder Singh v. State of Punjab[3]** , > 1 (2019) 5 SCC 688 > 2 (2012) 10 SCC 303 > 3 2014 (6) SCC 466 Crl.M.C No.3527 of 2023 4 **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 > 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.M.C No.3527 of 2023 5 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; 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; Crl.M.C No.3527 of 2023 6 - 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 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. The petitioner has been involved in many crimes over the past several years. This necessarily has societal ramifications and must be construed as a transgression infringing upon the fabric of society rather than a private dispute. Consequently, it is infeasible to terminate the ongoing criminal proceedings based on a settlement arrived with the de facto complainant. This Court is also unsure whether the settlement was arrived at with a free or open mind or whether it was obtained by threat or coercion, given the criminal antecedents of the accused and their propensity to involve in crimes disturbing the peace, one after the other. The Supreme Court has also observed that, while considering a prayer for quashing based on settlement, this Court is bound to consider the antecedents and conduct of the accused and the manner in which the Crl.M.C No.3527 of 2023 7 accused had managed to enter into a compromise. Having considered the facts and circumstances and the antecedents of the petitioner, I am not inclined to exercise the powers conferred on this Court under Section 482 of the Code to put a premature end to the prosecution. This petition is accordingly dismissed. ``` Sd/- ``` **RAJA VIJAYARAGHAVAN V JUDGE** ``` SMA ``` Crl.M.C No.3527 of 2023 8 ## **`APPENDIX OF CRL.MC 3527/2023`** ``` PETITIONERANNEXURES:- Annexure-ITRUECOPYOFTHEFIRINCRIMENO.1246/2022OF VANCHIYYOORPOLICESTATIONTHIRUVNANTHAPURAM ALONGWITHFISDATED18.12.2022. Annexure-IITRUECOPYOFTHEFINALREPORTINCRIMENO. 1246/2022OFVANCHIYYOORPOLICESTATION THIRUVNANTHAPURAM Annexure-IIITRUECOPYOFTHEAFFIDAVITOFTHE3RD RESPONDENTDATED10.04.2023 ```