BABU.A, VINODAN V.M, PRADEEPAN THAYYIL & PAVITHRAN.M.T v. STATE OF KERALA and SAFEER, KABEER, NAUFAL & AFNAS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938** **Crl.MC.No. 550 of 2017 () --------------------------** **SC 1053/2016 OF ADDITIONAL DISTRICT & SESSIONS COURT (FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE TOWARDS WOMAN AND CHILDREN), KOCHIKODE. CRIME NO.353/2015 OF VATAKARA POLICE STATION, KOZHIKODE. C.P.NO.163/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA.** **..........** **PETITIONER(S)/ACCUSED 1 TO 4:** **----------------------------** **1. BABU.A, AGED 44, S/O.SANKARAN, ADUNGORA HOUSE, CHEMMARATHUR (POST),** **VATAKARA, KOZHIKODE DISTRICT.** **2. VINODAN V.M, AGED 43, S/O.GOPALAN, CHATHAYAMKOTT MEETHAL HOUSE, KEEZHAL (PO), VATAKARA, KOZHIKODE DISTRICT.** **3. PRADEEPAN THAYYIL, AGED 50, S/O.CHANDRAN, PARAYULLA KUNHIKKANDY PARAMB(H), CHEMMARATHUR (PO), VATAKARA, KOZHIKODE DISTRICT.** **4. PAVITHRAN.M.T, S/O.KUNHIRAMAN, MEETHALE MOTTOM THARAMMAL (H), CHEMMARATHUR (PO), VATAKARA, KOZHIKODE DISTRICT.** ## **BY ADV. SRI.MOHANAN V.T.K.** **RESPONDENT(S)/STATE, DEFACTO COMPLAINANT/INJURED:** **-------------------------------------------------** **1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.** **--2--** **--2--** ## **Crl.MC.No. 550 of 2017 () -------------------------** **2. SAFEER, AGED 25, S/O.KUNHABDULLA, VARIPARAMBATH HOUSE, VILLIAPPALLY, VATAKRA TALUK, KOZHIKODE DISTRICT** **3. KABEER, AGED 27, S/O.MOOSA HAJI, THAYATT HOUSE, VILLIAPPALLY, VATAKARA TALUK, KOZHIKODE DISTRICT.** **4. NAUFAL, AGED 26, S/O.KASIM, KAMBI VALAPPIL HOUSE, VILLIAPPALLY, VATAKARA TALUK, KOZHIKODE.** **5. AFNAS, AGED 18, S/O.ASHRAF, KUNIYIL HOUSE, VILLIAPPALLY, VATAKARA TALUK, KOZHIKODE DISTRICT.** **R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 TO R5 BY ADV. SRI.K.S.PRAVEEN** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **mbr/** ## **Crl.MC.No. 550 of 2017 () --------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES:** |**ANNEXURE A :**|**CERTIFIED COPY OF THE FIR IN CRIME NO.353/2015**| |---|---| ||**OF VATAKRA POLICE STATION.**| |**ANNEXURE B :**|**CERTIFIED COPY OF THE CHARGE SHEET AND FINAL**| ||**REPORT IN SC.NO.1053/2016 ON THE FILE OF THE**| ||**ADDITIONAL DISTRICT & SESSIONS COURT (FOR THE**| ||**TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL**| ||**VIOLENCE TOWARDS WOMAN AND CHILDREN), KOZHIKODE.**| |**ANNEXURE C :**|**AFFIDAVIT SWORN IN BY THE DE-FACTO**| ||**COMPLAINANT/2ND RESPONDENT DATED 17.01.2017.**| |**ANNEXURE D :**|**AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT**| ||**DATED 17.01.2017.**| |**ANNEXURE E :**|**AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT**| ||**DATED 17.01.2017.**| |**ANNEXURE F :**|**AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT**| ||**DATED 17.01.2017.**| |**RESPONDENTS' **|**ANNEXURES**<br>**:**<br>**NIL.**| **//TRUE COPY//** **P.S. TO JUDGE** **mbr/** ## **RAJA VIJAYARAGHAVAN.V., J** - - - - - - - - - - - - - - - - - - - - ## Crl.M.C. No. 550 of 2017 - - - - - - - - - - - - - - - - Dated 1[st] February, 2017 - - - - - - - - - - - - - - - - - - - - - - - - ## **ORDER** - 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.On the basis of an FIR lodged by the 2[nd] respondent, Crime No.353 of 2015 of the Vatakara Police Station was registered and investigation was taken up for offences punishable under Sections 143, 147, 148, 341, 294(b), 323, 324 and 308 read with Section 149 of the IPC, and on its completion final report has been laid before the jurisdictional Magistrate. The case was committed to the Court of Session and the same is pending as S.C.No.1053 of 2016 on the file of the Additional Sessions Court (For the Trial of cases relating to Atrocities and Sexual Violence Towards Woman and Children), Kozhikode. Crl.M.C. No.550 of 2017 -2- - 3.The prosecution allegation is that on 9.4.2015 at about - 3.30 pm, the petitioners in furtherance of their common intention wrongfully restrained respondent 2 to 5 and thereafter assaulted them causing bodily injuries. - 4.The proceedings are sought to be quashed on the basis of a settlement arrived at between the parties. The learned counsel appearing for the parties submits that in view of the resolution of the disputes, the proceedings before the criminal court is a futile exercise. Much reliance is placed on the affidavits sworn to by the respondents 2 to 5, to buttress their submissions. - 5.The learned Public Prosecutor after getting instructions expresses his reservations in the matter. However it is submitted that tthe petitioners are not persons with criminal antecedents. - 6.I have considered the submissions. - 7.The position with regard to quashing of proceedings on Crl.M.C. No.550 of 2017 -3- the basis of a compromise arrived at between the parties is by now well settled. 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.”_ 8.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: Crl.M.C. No.550 of 2017 -4- ## _XXXXXXXXXXX_ _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_ 9.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. Crl.M.C. No.550 of 2017 -5- 10.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings. In the result, this petition will stand allowed. Annexure-B final report and all proceedings pursuant thereto against the petitioners now pending as S.C.No.1053 of 2016 on the file of the Additional Sessions Court (For the Trial of cases relating to Atrocities and Sexual Violence Towards Woman and Children), Kozhikode are quashed. sd/- **RAJA VIJAYARAGHAVAN.V., JUDGE** kp/02.02.17