Bino Paul and Sandeep S v State of Kerala and Anju Vijaya Pradeep and Addl.R3 Sreejith S

Crl.M.C.No.7312 of 2023 -: 1 :- **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:19385 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` THURSDAY, THE 27[TH] DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946 ``` ``` CRL.MC NO. 7312 OF 2023 ``` ``` CRIME NO.1308/2023 OF INFOPARK POLICE STATION, ERNAKULAM ``` ## **`PETITIONERS/ACCUSED NOS.1 & 2:`** ``` 1BINO PAUL AGED 27 YEARS S/O M V PAULOSE, MENACHERI HOUSE, SANJONAGAR, KINFRA P O, MURINGOOR CHALAKKKUDY, PIN - 680309 ``` ``` 2SANDEEP S AGED 25 YEARS S/O T SUKESHAN, SRUTHYNILAYAM VEEDU, AYANI SOUTH, S V MARKET P O, KARUNAGAPPALLY, PIN - 690573 ``` ``` BY ADVS. P.R.JAYASANKAR DARSAN SOMANATH ``` ## **`RESPONDENTS/DE FACTO COMPLAINANT & STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` Crl.M.C.No.7312 of 2023 -: 2 :- **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:19385 ``` ``` 2ANJU VIJAYAPRADEEP AGED 30 YEARS D/O. SRI. VIJAYA PRADEEP, KALLIKKAL VEEDU, MUKKALEKKAR, MANNAMKANDAM.P.O, ADIMALI, IDUKKI DISTRICT, PIN - 685561 ``` ``` *ADDL.R3SREEJITH.S, AGED 40 YEARS, S/O SREENIVASAN, SAUPARNIKA, PATTANAKKAD, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688531 ``` ``` *ADDL.R3 IS IMPLEADED AS PER ORDER DATED 27.02.2025 IN CRL.M.A.NO.1/2025 IN CRL.M.C. NO.7312/2023. ``` ``` BY ADVS. SMT. C. SEENA, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.7312 of 2023 -: 3 :- **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:19385 ``` ## **O R D E R** A five Judges Bench of the Punjab and Haryana High Court in _**Kulwinder Singh and Others v. State of Punjab and Another**_ [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in _**Gian Singh v. State of Punjab and another**_ [(2012) 10 SCC 303]. Similarly in _**Narinder Singh and Others v. State of Punjab**_ [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash Crl.M.C.No.7312 of 2023 -: 4 :- **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:19385 ``` the F.I.R in a crime alleging offence under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme Court in _**Madan Mohan Abbot v. State of Punjab**_ [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted here below: _“6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”_ **2.** In the facts at hand, petitioners are the accused nos.1 and 2 in Crime No.1308 of 2023 of Infopark Police Station, Crl.M.C.No.7312 of 2023 -: 5 :- **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:19385 ``` Ernakulam. As per the F.I.R, the offences alleged are under Sections 294(b), 323, 324, 354, 506 and 34 of the Indian Penal Code and Sections 3(1)(i)(r), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The petitioners seek quashment of entire proceedings in the above crime, on the strength of the settlement arrived at by and between the parties. **3.** Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the records. **4.** The statements of the defacto complainant and the injured were recorded by the Investigating Officer, a perusal of which would make it clear that the issues have been settled and that they are disinterested to pursue the prosecution case, any further. That apart, it is noticed that, along with this Crl.M.C, affidavit has been sworn to by the defacto complainant as Annexure-2, wherein she would unequivocally state that the disputes have been settled and Crl.M.C.No.7312 of 2023 **==> picture [212 x 9] intentionally omitted <==** **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:19385 ``` that she has no objection in quashing the criminal proceedings against the petitioners. This Court is therefore convinced that the settlement arrived at is genuine and bonafide. **5.** In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in _**Narinder Singh**_ (supra), _**Madan Mohan Abbot**_ (supra) and _**Gian Singh**_ (supra), are fully satisfied. This court is convinced that further proceedings against the petitioners will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. _Dehors_ the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that the offences under Sections 323 and Crl.M.C.No.7312 of 2023 -: 7 :- **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:19385 ``` 506 are compoundable, which is all the more a reason to accept the compromise between the parties. **6.** In the circumstances, this Crl.M.C. is allowed. All further proceedings in Annexure-1 F.I.R in Crime No.1308/2023 of the Infopark Police Station, Ernakulam, are hereby quashed. Sd/- **C.JAYACHANDRAN, JUDGE** ww Crl.M.C.No.7312 of 2023 -: 8 :- **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:19385 ``` ## **`APPENDIX OF CRL.MC 7312/2023`** ## **`PETITIONER ANNEXURES`** ``` ANNEXURE 1 ``` ``` CERTIFIED COPY OF THE F.I.R IN CRIME NO. 1308 OF 2023 OF INFO PARK POLICE STATION DATED 25-7-2023 ``` ``` ANNEXURE 2AFFIDAVIT DULY SIGNED BY THE DE FACTO COMPLAINANT ``` ``` ANNEXURE 3ORIGINAL COPY OF THE AFFIDAVIT SWORN AND DULY SIGNED BY THE INJURED WITNESS DATED 13-7-2024 ```