Balaji and Others v. Hariharan and State of Kerala

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN** **FRIDAY, THE 13[TH] DAY OF MAY 2022 / 23RD VAISAKHA, 1944 CRL.MC NO. 785 OF 2022** **(AGAINST CRIME NO.51/2021 OF SHOLAYAR POLICE STATION)** ## **- PETITIONERS/ACCUSED 1 6:** - 1 BALAJI, AGED 21 YEARS SON OF JAYAKANNAN, RESIDING AT KOTTATHARA, PALAKKAD, PIN - 678581 - 2 AJO, AGED 28 YEARS SON OF JOSE, THEKKUMKATTIL HOUSE, KOTTATHARA, PALAKKAD, PIN - 678581 - 3 RABIN, AGED 22 YEARS SON OF SUNILKUMAR, CHERIYIL HOUSE, MINERVA, KOTTATHARA, PALAKKAD, PIN - 678581 - 4 ALVIN, AGED 21 YEARS SON OF JOSEPH ALBERT, RESIDING AT PRAKASAM BHAVAN, KOTTATHARA, PALAKKAD, PIN - 678581 - 5 LIJO, AGED 27 YEARS SON OF JOSE, THEKKUMKATTIL HOUSE, PATTIMALAM, KOTTATHARA, PALAKKAD, PIN - 678581 - 6 AJITH, AGED 24 YEARS SON OF RANGASWAMI, RESIDING AT KOTTATHARA, PALAKKAD, PIN - 678581 BY ADV I.DINESH MENON ## **RESPONDENTS/COMPLAINANT:** - 1 HARIHARAN, AGED 26 YEARS, S/O.SUBRAMANIAN, PATHANJALI, KOTTATHARA, PALAKKAD PALAKKAD, PIN - 678581 - 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY ADV M.JITHESH MENON FOR R1 ## **OTHER PRESENT:** SRI CS HRITHWIK PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC 785/2022 2 C.JAYACHANDRAN, J. -----------------------------------Crl.M.C No.785 of 2022 ------------------------------------Dated this the 13[th] day of May, 2022 ## O R D E R 1. Petitioners are accused nos.1 to 6 in Crime No.51/2021 of Sholayar Police Station. The offences alleged are under Sections 341, 323, 324 and 308, read with Section 34 of the Penal Code. The prosecution allegation is that accused persons, out of their previous animosity, attacked the de facto complainant on 19.7.2021 at 20.00 hours at Kottathara junction. The first accused stabbed the de facto complainant and one Vineeth, a relative of the de facto complainant, when he attempted to prevent the attack on the de facto complainant. The second accused assaulted the de facto complainant with a stick and accused nos.3 to 9 fisted and kicked the de facto complainant and his relative, causing injuries to Crl.MC 785/2022 3 them, thus committing the offences afore referred. 2. The instant Criminal Miscellaneous Case is preferred by accused nos.1 to 6 seeking to quash F.I.R No.51/2021 dated 20.7.2021 against them, on the premise that the dispute between the accused persons and the de facto complainant has been settled amicably, to which effect the de facto complainant preferred Annexure-A2 affidavit. It is also indicated in Annexure-A2 that the de facto complainant has no objection in this Court quashing the F.I.R against the petitioners. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor and the learned counsel appearing for the first respondent. 4. The factum of settlement was endorsed by the learned counsel appearing for the respective Crl.MC 785/2022 4 parties, as also, by the learned Public Prosecutor. Learned Public Prosecutor submitted that the investigating officer has taken a separate statement from the de facto complainant, wherein also he would reiterate that the issues have been settled amicably and that he has no objection in this Court quashing the F.I.R concerned. However, a report from the investigating officer is produced opposing the relief sought for, on the premise that the accused persons are young and quashing the F.I.R would provide room for the petitioners to indulge in similar criminal activities. 5. Learned counsel for the petitioners also invited the attention of this Court to the fact that the counter case preferred by the third petitioner herein against the first respondent herein and seven others (Crime No.52/2021 of Sholayar Police Station) for offences under Sections 143, 147, 148, 341, 323, 324, 308, 427 Crl.MC 785/2022 5 and 149 of the Penal Code has already been quashed by this Court as per order dated 12.4.2022 in Criminal M.C No.742/2022. According to the learned counsel, no useful purpose would be served by continuing the above prosecution, in the afore referred facts and circumstances. He, therefore, prays that the instant F.I.R be quashed. 6. Having heard the learned counsel appearing on both sides and having considered the contentions, this Court is convinced of the fact that there is genuine settlement of the disputes by and between the petitioners and the de facto complainant/R1. The settlement is vouched by the de facto complainant by virtue of Annexure-A2 affidavit, as also, by the statement taken by the investigating officer, produced along with his report. This court finds no vitiating circumstance, insofar as the settlement is concerned. Even though a non-compoundable offence Crl.MC 785/2022 6 under Section 308 of the Penal Code is alleged by the prosecution, this Court has ample powers under Section 482 of the Cr.P.C to quash the F.I.R, as held by a Three Judges Bench of the Hon'ble Supreme Court of India in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] . In view of the above, this Court is convinced that the continuance of the proceedings against the petitioners will be a futile exercise, inasmuch the dispute has already been settled. There is little possibility of conviction in the crime in question. If the proceedings are not quashed, the petitioners will be put to serious prejudice, more so, since the counter case has already been quashed by virtue of the orders passed by this Court in Crl.M.C No.742/2022. Despite the settlement and compromise between the parties concerned, if the criminal proceedings is to continue, the same, in the estimation of this Court, will amount to abuse of process of court. Therefore, I am convinced that quashing the F.I.R Crl.MC 785/2022 7 as sought for is required to secure the ends of justice. The parameters to invoke Section 482 of the Cr.P.C is amply satisfied. 7. Resultantly, this Criminal M.C is allowed. The final report and all further proceedings in Crime No.51/2021 of Sholayar Police Station as against the petitioners herein would stand quashed. Sd/C.JAYACHANDRAN JUDGE jg Crl.MC 785/2022 8 ## **APPENDIX OF CRL.MC 785/2022** PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FIR IN CRIME NO.51/2021 DATED 20.7.2021 OF SHOLAYAR POLICE STATION, PALAKKAD Annexure2 AFFIDAVIT OF THE FIRST RESPONDENT DATED 14.01.2022