Binu and others v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` FRIDAY, THE 10[TH] DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945 ``` ## **`CRL.MC NO. 8830 OF 2023`** ``` S.C.NO.1201/2019 OF SUB COURT, NEYYATTINKARA ARISING FROM CRIME NO.1542/2014 OF KATTAKADA POLICE STATION, THIRUVANANTHAPURAM ``` ## **`PETITIONERS/ACCUSED NO.1 TO 9:`** ``` 1BINU AGED 29 YEARS S/O SIMON, BIJU BHAVAN, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 2BINURAJ AGED 37 YEARS S/O VARGHESE, YOVINNA BHAVAN, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 3SUMITH AGED 27 YEARS S/O SURENDRAN, S. S. BHAVAN, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 4BIJU AGED 55 YEARS S/O SIMON, SHARAN NIVAS, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 696675 5DILEEP AGED 26 YEARS S/O VIJAYAN, DILEEP NIVAS, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 6MANOJ AGED 31 YEARS S/O VARGHESE, SATHISH BHAVAN, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 ``` ``` Crl.M.C. NO. 8830 OF 2023 ``` 2 - `7 ALEXANDER @ KUTTAPPAN AGED 38 YEARS ROADARIKATHUVEEDU, S/O JOSEPH, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575` - `8 ANIL KUMAR AGED 29 YEARS ROADARIKATHUVEEDU, S/O SOMAN, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575` - `9 RENJU AGED 26 YEARS S/O RATNAKARAN, R. S. BHAVAN, VEERANAKAVU VILLAGE, PANNIYODE, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575` ``` BY ADV ARUN SAMUEL ``` ## **`RESPONDENTS/STATE OF KERALA, INFORMANT AND VICTIMS:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031` ``` 2ANEESH KUMAR AGED 40 YEARS S/O SHASI, SHIBU BHAVAN, AANACODE, THANNICHAMKUZHI, PANNIYODE, VEERANAKAVU VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 ``` - `3 DINESH BABU AGED 49 YEARS S/O DEVADAS, BABU SADANAM, AANACODE, THANNICHAMKUZHI, PANNIYODE, VEERANAKAVU VILLAGE, KATTAKKADA TALUK,` ``` Crl.M.C. NO. 8830 OF 2023 ``` 3 ``` THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 ``` ``` 4RAJEVE AGED 31 YEARS S/O DUSHYANTHAN, VAAZHAVILA VEEDU, AANACODE, CHAYKKULAM, VEERANAKAVU VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 5RENJITH @ PAKKUTTAN AGED 36 YEARS S/O RAJU, PULIMUTTUVILA PUTHEN V EEDU, AANACODE, THANNICHAMKUZHI, PANNIYODE, VEERANAKAVU VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 6ANILKUMAR AGED 44 YEARS S/O SHASI, SHIJU BHAVAN, AANACODE, THANNICHAMKUZHI, PANNIYODE, VEERANAKAVU VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695575 SRI MP PRASANTH – PP SRI JITHIN BABU A – R2 TO R6 ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` Crl.M.C. NO. 8830 OF 2023 ``` 4 **P.V.KUNHIKRISHNAN, J. -----------------------------------Crl.M.C. No. 8830 of 2023 ---------------------------------------------Dated this the 10[th] day of November, 2023** ## **O R D E R** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure Code, 1973. 2. The petitioners are accused Nos. 1 to 9 in S.C. No.1201/2019 on the files of the Assistant Sessions Court, Neyyattinkara arising from Crime No.1542/2014 of Kattakada Police Station, Thiruvananthapuram. The above case is charge sheeted against the petitioners alleging offences punishable under Sections 143, 147, 148, 323, 324, 326, 308 read with 149 of IPC. 3. The prosecution case is that the accused formed themselves into an unlawful assembly and ``` Crl.M.C. NO. 8830 OF 2023 ``` 5 assaulted the victims. Thereby the victims sustained injuries. 4. The learned counsel for the petitioners submits that the parties have settled their dispute and do not wish to pursue the prosecution proceedings. The counsel relies on the affidavits filed by the victims in support of his contention. The counsel appearing for the victims also submitted that the matter is settled and the victims have no objection in quashing the prosecution. 5. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. But the Public Prosecutor conceded that the matter is settled between the parties. 6. This Court has considered the submission of the petitioners, victims and the Public Prosecutor and has also gone through the records including the affidavits filed by the victims. ``` Crl.M.C. NO. 8830 OF 2023 ``` 6 7. In **State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688),** three judge bench of the Hon'ble Supreme Court has summarized the situation in which non compoundable offences can be quashed invoking the powers under Section 482 of the Code. The apex court in **Laxmi Narayan** 's case (supra) also relied on the law laid down in **Gian Singh v. State of Punjab and another (2012 (10) SCC 303)** and **Narinder Singh and others v. State of Punjab and another (2014** **(6) SCC 466)** . The apex court in paragraph 13 of the **Laxmi Narayan** 's case discussed the law in detail and the same is extracted hereunder: “13. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under: i) that the power conferred under S.482 of the Code to quash the criminal proceedings for the non - compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising ``` Crl.M.C. NO. 8830 OF 2023 ``` 7 out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under S.482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of S.307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of S.307 IPC is there for the ``` Crl.M.C. NO. 8830 OF 2023 ``` 8 sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under S.307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital / delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed / charge is framed and / or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of **Narinder Singh** (supra) should be read harmoniously and to be read as a whole and in the circumstances stated herein above; v) while exercising the power under S.482 of the Code to quash the criminal proceedings in respect of noncompoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement / compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.” ``` Crl.M.C. NO. 8830 OF 2023 ``` 9 8. Keeping in mind the above dictum laid down by the apex court, this court perused the facts in this case and also perused the documents produced by the parties. After going through the entire facts and circumstances, I am of the considered opinion that the dispute is private in nature and the settlement can be accepted. Therefore, this Criminal Miscellaneous case is allowed. All further proceedings against the petitioners in S.C. No.1201/2019 on the files of the Assistant Sessions Court, Neyyattinkara arising from Crime No.1542/2014 of Kattakada Police Station are quashed. **Sd/-** SK **P.V.KUNHIKRISHNAN JUDGE** ``` Crl.M.C. NO. 8830 OF 2023 ``` 10 ## **`APPENDIX OF CRL.MC 8830/2023`** ``` PETITIONERS’ ANNEXURES : ``` - `Annexure 1 CERTIFIED COPY OF THE FIR DATED 19/12/2014 IN CRIME NO. 1542/2014 ALONG WITH THE FIS REGISTERED AT KATTAKADA POLICE STATION, THIRUVANANTHAPURAM RURAL.` - `Annexure2 CERTIFIED COPY OF THE FINAL REPORT DATED 21/01/2017 SUBMITTED BY THE STATION HOUSE OFFICER, KATTAKADA POLICE STATION, THIRUVANANTHAPURAM RURAL BEFORE THE JUDICIAL FIRSTCLASS MAGISTRATE'S COURT, KATTAKADA, THIRUVANANTHAPURAM.` - `Annexure 3 THE AFFIDAVIT DATED 16/10/2023 SWORN BY THE 2ND RESPONDENT/INFORMANT.` - `Annexure 4 THE AFFIDAVIT DATED 09/10/2023 SWORN BY THE 3RD RESPONDENT/VICTIM.` - `Annexure 5 THE AFFIDAVIT DATED 09/10/2023 SWORN BY THE 4TH RESPONDENT/VICTIM.` - `Annexure 6 THE AFFIDAVIT DATED 09/10/2023 SWORN BY THE 5TH RESPONDENT/VICTIM.` - `Annexure 7 THE AFFIDAVIT DATED 09/10/2023 SWORN BY THE 6TH RESPONDENT/VICTIM.` - `Annexure 8 A TRUE COPY OF THE DEATH CERTIFICATE DATED 19/10/2023 EVIDENCING THE DEATH OF SASI; WHO` ``` Crl.M.C. NO. 8830 OF 2023 ``` 11 ``` IS THE FATHER OF THE 6TH RESPONDENT/VICTIM. ``` ``` RESPONDENTS' ANNEXURES : NIL ```