Ashiq Raj, Nikhil John, Nidhin, Amal Raj v. State of Kerala and Bobin

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** ## **FRIDAY, THE 21ST DAY OF FEBRUARY 2014/2ND PHALGUNA, 1935** ## **Crl.MC.No. 1264 of 2014 (A)** **--------------------------------------[CRIME NO. 176/2012 OF ARANMULA POLICE STATION , PATHANAMTITTA DISTRICT]** **................** ## **PETITIONERS/ 1 TO 4 ACCUSED:** **-----------------------------------------------** **1. ASHIQ RAJ, AGED 22 YEARS, S/O.RAJU, PARAMBIL HOUSE, ZILLA COURT WARD, ARYANAD VILLAGE, ALAPPUZHA DISTRICT.** **2. NIKHIL JOHN, AGED 22 YEARS, S/O.JOHN, CHIRAYATH A.N.COTTAGE, ANTHYALANKAVU, NARANGANAM, PATHANAMTHITTA DISTRICT.** **3. NIDHIN, AGED 22 YEARS, S/O.ALEX, NIDHIN BHAVAN, ATTINKAL, THIRUVANANTHAPURAM DISTRICT.** **4. AMAL RAJ, AGED 22 YEARS, S/O.RAJENDRAPRASAD, PUTHENPURAKKAL HOUSE, THURUTHI MURI, CHANGANASSERRY, KOTTAYAM DISTRICT.** **BY ADV. SMT.G.VIDYA.** ## **RESPONDENTS/STATE & COMPLAINANT:** **-----------------------------------------------------------** **1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** ## **2. BOBIN,** ## **S/O.BABU, POOVANMODI HOUSE, ERUMAKKADU, ERUMAKKADU MURI, ARANMULA VILLAGE, KOLENCHERRY TALUK, PATHANAMTHITTA DISTRICT.** **R1 BY PUBLIC PROSECUTOR SMT. S. HYMA, R2 BY ADV. SRI.M.R.MOHANDAS.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Prv.** ## **CRL.M.C. NO.1264/2014-A:** ## **APPENDIX** ## **PETITIONERS' ANNEXURES:** **ANNEXURE-1: CERTIFIED COPY OF F.I.R. IN CRIME NO.176/2012 OF ARANMULA POLICE STATION IN PATHANAMTHITTA DISTRICT DATED 16/02/2012. ANNEXURE-2: AFFIDAVIT OF THE 2ND RESPONDENT DATED 24/01/2014.** ## **RESPONDENTS' ANNEXURES: NIL.** **//TRUE COPY//** **P.S. TO JUDGE.** **Prv.** ## **K. RAMAKRISHNAN, J.** ................................................. Crl.M.C.No.1264 of 2014 .................................................. Dated this the 21[st] day of February, 2014. ## **O R D E R** This petition is filed by the accused 1 to 4 in C.C.No.872/12 (Crime No.176/12 of Aranmula police station) of the Judicial First Class Magistrate Court-I, Pathanamthitta to quash the proceedings recording composition entered into between the petitioners and the defacto complainant under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that on the basis of the statement given by the second respondent/defacto complainant, Annexue A1 crime was registered as Crime No.176/12 alleging the offences under Sections 323 and 324 read with Section 34 of the Indian Penal Code. After investigation, final report was filed and the case was taken on file as CC.872/12 and that is pending before the Judicial First Class Magistrate Court-I, Pathanamthitta. In the meantime, the petitioners have settled their claim. They were students at the time when the incident happened and their relationship has been restored due to intervention of mediators and wellwishers. The defacto complainant does not want to proceed with the prosecution against the petitioners. Since one of the offence is non-compoundable in Crl.M.C.No.1264 of 2014 2 nature, they cannot file application for compounding before the court below. So, they have no other option but to come to this Court seeking interefence. Hence this petiton is filed seeking the following relief: For these and other grounds to be urged at the time of hearing, it is prayed that this Hon'ble Court may be pleased to quash Annexure-1 FIR and its further proceedings as C.C.No.872/12 pending before the Judicial First Class Magistrate Court-I, Pathanamthitta on the basis of Annexure-2 affidavit, to meet the ends of justice. 3. The second respondent appeared through counsel and submitted that the matter has been settled between the parties due to intervention of mediators and they have become friends and the incident occured at the time when they were students and the defacto complaint has filed an affidavit to that effect and he has no objection in quashing the proceedings. 4. As directed by this Court, on instructions, the learned Public Prosecutor submitted that except this case, there is no other case against the petitioners and they have no criminal background and the incident happened while they were students due to some misunderstanding, but opposed the application. 5. The counsel for the petitioners submitted that in view of the fact that the matter has been settled, there is no possibility of conviction. So he prayed for quashing the proceedings. 6. It is an admitted fact that on the basis of the statement given Crl.M.C.No.1264 of 2014 3 by the second respondent Annexure-1 case was registered as Crime No.176/2012 under Sections 323 and 324 read with Section 34 of the Indian Penal Code and after investigation, final report was filed and the case is now pending as C.C.No.872/2012 before the Judicial First Class Magistrate Court-I, Pathanamthitta. The matter has been now settled between the parties. They were students at the time when the incident occured. They have now become friends and restored their friendship on account of the settlement due to intervention of their wellwishers and friends. 7. Further in the decision reported in **Gian Singh v. State of Punjab** (2012 (4) KLT 108 (SC), the Hon'ble Supreme Court has held that: “But the criminal cases having overwhelmingly and predominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc., or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of 4 Crl.M.C.No.1264 of 2014 justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” 8. In view of the settlement arrived at between the parties and the defacto complainant himself has filed an affidavit stating that the matter has been settled and he has no intention to prosecute the case, there is no possiblity of any conviction being entered against the petitioners,if this case is allowed to proceed with. Further the incident occured at the time when they were students and on account of the settlement, their friendship has been restored. So, considering the circumstances, I feel that it is a fit case where power under Section 482 of the Code has to be invoked to quash the proceedings with a view to promote the friendship restored betwen the petitioners and the defacto complainant on account of the settlement and also to save judicial time in proceeding with the case as no purpose will be served on account of the settlement in proceeding with the case. So, the petition is allowed. The proceeding in C.C.No.872/12 (Crime No.176/12 of Aranmula police station) now pending before the Judicial First Class Magistrate Court-I, Pathanamthitta as against the petitioners is quashed. Crl.M.C.No.1264 of 2014 5 Office is directed to communicate this order to the concerned court immediately for further action. **Sd/K. RAMAKRISHNAN, JUDGE.** cl Crl.M.C.No.1264 of 2014 6