Asif Iqbal & Ziyamuddeen v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 8TH DAY OF NOVEMBER 2016/17TH KARTHIKA, 1938** **Crl.MC.No. 5743 of 2016 ()** **--------------------------CC 1747/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD CRIME NO. 556/2005 OF KASARAGOD POLICE STATION, KASARGOD DISTRICT** **--------** **PETITIONER(S)/PETITIONERS/ACCUSED:-:** **-----------------------------------** ## **1. ASIF IQBAL,** **AGED 34 YEARS, S/O.AHAMMED, THALANGARA WEST HOUSE, THALANGARA VILLAGE,KASARAGOD.** ## **2. ZIYAMUDDEEN,** **AGED 34 YEARS, S/O.MUHAMMED, THALANGARA WEST HOUSE, THALANGARA VILLAGE,KASARAGOD.** **BY ADV. SRI.S.JIJI** **RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT:-:** **---------------------------------------------** ## **1. STATE OF KERALA,** **REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN - 682 031.** ## **2. S.SIVAPRASAD,** **AGED 30 YEARS, S/O.SEETHARAMA, KOTTAKKANNI CROSS ROAD, NEAR CHAMUNDESVARI TEMPLE, KASABA VILLAGE, KASARAGOD - 671 121.** **3. P.L.UDAYA, AGED 48 YEARS, S/O. LAKSHAMANACHARYA, MALANKAI HOUSE, PAIKA POST, NEKRAJE VILLAGE, KASARAGOD - 671 544.** ## **Crl.MC.No. 5743 of 2016 ()** ## **4. S.BHAVANI,** **AGED 68 YEARS, W/O.APPAYYA, KOTTAKKANNI CROSS ROAD, NEAR CHAMUNDESVARI TEMPLE, KASABA VILLAGE, KASARAGOD - 671 121.** **R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI R2 TO R4 BY ADV. SMT.K.S.SANTHI** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **bp** ## **Crl.MC.No. 5743 of 2016 ()** ## **---------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **-----------------------** **ANNEXURE A1: CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 556/2015 OF KASARAGOD POLICE STATION. ANNEXURE A2: CERTIFIED COPY OF FINAL REPORT IN CR.556/2005 OF KASARAGOD.** **ANEXURE A3(A) TO A3(C): AFFIDAVITS DATED 16.08.2016 SWORN BY RESPONDENTS 2 TO 4.** **RESPONDENT(S)' EXHIBITS : NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **bp** ## **RAJA VIJAYARAGHAVAN.V, J ---------------------------------------Crl.M.C. No.5743 of 2016 ----------------------------------------Dated this the 8[th] day of November, 2016** ## **O R D E R** - 1.This petition is filed under S.482 of the Code of Criminal Procedure ( hereinafter referred to as the Code ) with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings. - 2.The petitioners herein are the accused Nos. 1 and 2 in C.C.No.1747 of 2014 on the file of the Judicial Magistrate of First Class-I, Kasaragod. They stand indicted for offences punishable under Sections 341, 324, 427 read with Section 34 of the IPC. - 3.The prosecution allegation is that on 1.8.2005 at about - 3.40 pm, the petitioners in furtherance of their common intention stopped the bus bearing registration No.KL/14D-5677 and assaulted respondents 2 and 3, who are the driver and conductor of the bus , and caused a loss to the Crl.M.C.5743/2016 2 tune of Rs.850/- to the 4[th] respondent, who is the owner of the bus. - 4.Heard the submissions advanced. - 5.The learned counsel appearing for the party respondents - submits that the dispute between the parties has been amicably resolved. Attention of this Court is invited to the affidavits filed by them to buttress their submission. It is urged that the dispute is purely personal in nature and would not affect public peace or tranquility. Summing up it is prayed that the criminal proceedings be terminated to promote peace and harmony. - 6.The learned Public Prosecutor after getting instructions has expressed his reservations in the matter of quashing the proceedings on the basis of settlement. It is submitted that the invocation of powers under Section 482 of the Code in a case of this nature is not warranted. However, it is submitted that no other cases are reported against the petitioners. Crl.M.C.5743/2016 3 ## 7.I have considered the submissions . ## 8.In **Gian singh v. State of Punjab (2012) 10 SCC 303** Apex Court has laid down that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. It was observed as follows : _“61. 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 criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.”_ 9.The aforesaid dictum stands reiterated by the Apex Court ## in **Narinder singh v. State of Punjab. (2014) 6 SCC** **466,** the pertinent observations which are as under: _XXXXXXXXXXXX_ Crl.M.C.5743/2016 4 _29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:_ _(i) ends of justice, or_ _(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives._ _xxxxxxx_ _xxxxxxx_ 10.The offence committed by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society .It is felt that quashing of proceedings on account of compromise would 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 would be bleak. 11.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in Crl.M.C.5743/2016 5 invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings. In the result, this petition will stand allowed. AnnexureA2 final report and all proceedings pursuant thereto against the petitioners C.C.No.1747 of 2014 on the file of the Judicial Magistrate of First Class-I, Kasaragod are quashed. **Sd/RAJA VIJAYARAGHAVAN.V. JUDGE** vps