Bichu Chandran and others 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. 6990 of 2016 () --------------------------- AGAINST THE ORDER/JUDGMENT IN CC 251/2013 of J.M.F.C. - I, KARUNAGAPPALLY DATED CRIME NO. 409/2013 OF OCHIRA POLICE STATION , KOLLAM PETITIONER(S)/ACCUSED NOS.1,2,3,4,5 & 6: --------------------------------------- 1. BICHU CHANDRAN AGED 25, S/O.CHANDRAN, PUTHENMANNEL HOUSE, ALAPPAD VILLAGE & P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690547. 2. VISHNU CHANDRAN AGED 23, S/O.CHANDRAN, PUTHENMANNEL HOUSE, ALAPPAD VILLAGE & P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690547. 3. SHIJU @ KICHU AGED 25, S/O.SHAJI, PARAYIDATH HOUSE, ALAPPAD VILLAGE & P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690547. 4. AKHIL AGED 23, S/O.PADMADAS, KIZHEKKEMANGALATH HOUSE, ALAPPAD VILLAGE & P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690547. 5. SHYAMJITH AGED 22, S/O.SHAJI, PUTHENMANNEL HOUSE, ALAPPAD VILLAGE & P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690547. 6. NIDHEESH AGED 23, S/O.KARTHIKEYAN, PUTHENVEETIL HOUSE, ALAPPAD VILLAGE & P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690547. BY ADVS.SRI.JOSEPH GEORGE SRI.BIJO THOMAS GEORGE CONTD... :2: Crl.MC.No. 6990 of 2016 () --------------------------- RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, KOLLAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RATHEESH AGED 41, S/O.MRITYUNJAYAN, VADAKKETOPPIL HOUSE, AZHEEKAL, ALAPPAD VILLAGE, KARUNAGAPPALLY TALUK, 690 518, KOLLAM DISTRICT AND NOW WORKING AS HSE OFFICER,AL HUDA SITE, BLUE STEEL INDUSTRY WLL, P.O BOX NO.31694, C-RING ROAD, TWIN TOWER, TOWER-A, DOHA (QATAR). R2 BY ADV. SRI.N.P.PRAJEESH R BY PUBLIC PROSECUTOR, SRI. T.R.RENJITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CONTD... **==> picture [23 x 9] intentionally omitted <==** Crl.MC.No. 6990 of 2016 () --------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS ----------------------- ANNEXURE-A1: CERTIFIED COPY OF FIR IN CRIME NO.409/2013 OF OACHIRA POLICE STATION, KOLLAM DISTRICT. ANNEXURE-A2: CERTIFIED COPY OF FINAL REPORT IN CRIME NO.409/2013 OF OACHIRA POLICE STATION, KOLLAM DISTRICT AND PENDING BEFORE JFCM COURT KARUNAGAPPALLY AS CC 2517/2013. ANNEXURE-A3: AFFIDAVIT OF DE-FACTO COMPLAINANT/2ND RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL ----------------------- //TRUE COPY// P.A. TO JUDGE SKS ## **RAJA VIJAYARAGHAVAN.V, J ---------------------------------------Crl.M.C. No. 6990 of 2016** ## **----------------------------------------Dated this the 8[th] day of November, 2016** ## **O R D E R** - 1.This petition is filed under Section 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 to 6 in C.C. No. 2517 of 2013 on the file of the Judicial First Class Magistrate, Karunagappally involving offences punishable under Sections 143, 147, 148, 324, 341, 294 (b) r/w Section 149 of the IPC. The respondent No.2 is the de facto complainant. - 3.The prosecution allegation is that petitioners formed themselves into an unlawful assembly and in furtherance of their common object, wrongfully restrained the 2[nd] respondent and thereafter assaulted him causing injuries. Crl.M.C. No. 6990 of 2016 2 ## 4.Heard the submissions advanced. - 5.The learned counsel appearing for the 2[nd] respondent submits that the dispute between the parties has been amicably resolved. Attention of this Court is invited to the affidavit filed by him to buttress his 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. - 7.I have considered the submissions . Crl.M.C. No. 6990 of 2016 3 ## 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_ _29.2. When the parties have reached_ Crl.M.C. No. 6990 of 2016 4 _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. No. 6990 of 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. Annexure-A2 final report and all proceedings pursuant thereto against the petitioners now pending as C.C. No. 2517 of 2013 of Judicial First Class Magistrate Court, Karunagappally are quashed. **Sd/RAJA VIJAYARAGHAVAN.V. JUDGE** SKS //TRUE COPY// P.A. TO JUDGE