Criminal M.C. No. 4582 of 2020

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 Crl.MC.No.4582 OF 2020(C)** **CC 643/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,SULTHANBATHERY CRIME NO.537/2016 OF S.Battery Police Station , Wayanad** ## **PETITIONERS/ACCUSED 1 TO 5:** - **1 JOSYMOL AGED 23 YEARS (A1), D/O.JOY, PUTHANVILAYIL HOUSE, ADAKKATHODE, KELAKAM, KANNUR DISTRICT.** - **2 NIMISHA JOSEPH, AGED 24 YEARS (A2), D/O.JOSEPH, EDASSERIYIL HOUSE, PULLOORAMPARA, ATHIPPARA, THIRUVAMBADI, KOZHIKODE DISTRICT.** - **3 VIDHYA, AGED 27 YEARS (A3), D/O.MURALI, PALAKKAL HOUSE, VELLARMALA P.O., CHOORALMALA, VELLARIMALA, WAYNAD DISTRICT.** - **4 LISNA, AGED 27 YEARS (A4),D/O.SUNNY, KUNNUMPURATH HOUSE, KOODATHAI P.O., KOODATHAI, KOZHIKODE DISTRICT.** **5 MERIN, AGED 24 YEARS (A5), D/O.PHILIP, KULANGARA HOUSE, PANAVALLY , KARTIKULAM, MANANTHAWADY TALUK, WAYNAD DISTRICT.** **BY ADVS. SMT.HEMALATHA SRI.BINU GEORGE** ## **- RESPONDENTS/STATE DEFACTO COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.** Crl.M.C No. 4582 of 2020 2 **2 CLITTY ALBERT AGED 22 YEARS D/O.ALBERT, MANALVILA HOUSE, KUNNAMANGALAM P.O., PUTHIYIDAMKUNNU, MANANTHAVADY TALUK, WAYNAD DISTRICT, PIN-673570.** **BY ADVS. SRI.K.P.ANTONY BINU SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C No. 4582 of 2020 3 ## ALEXANDER THOMAS, J. -----------------------------------Criminal M.C. No. 4582 of 2020 -----------------------------------Dated this the 22[nd] day of December, 2020 ## **O R D E R** The prayer in the afore captioned Criminal Miscellaneous Case filed under Sec.482 of Cr.PC is as follows: _“.....to quash the final report in crime No.537/2016 of Sulthan Bathery Police Station, Wayanad District and further proceedings in C.C No.643/2017 of Judicial First Class Magistrate -I, Sulthan Bathery to secure ends of justice.”_ 2. Heard Smt.Hemalatha, learned counsel appearing for the petitioners (accused persons), Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for R1 State of Kerala and Sri.K.P.Antony Binu, learned counsel appearing for contesting respondent No.2 (defacto complainant). 3. The case projected in this Criminal Miscellaneous Case is broadly as follows: _The petitioners are accused Nos.1 to 5 in Crime No.537/2016 of Sulthan Bathery Police Station. The above crime was registered for the offence under sections 2(b)(1)(2) r/w 4 of Kerala Prohibition of Ragging Act 1988. The above crime was registered upon receipt of a complaint from 2[nd] respondent herein, victim in the above crime. The substance of allegation against the petitioner is as follows; petitioners who were 2[nd] year Nursing students in Assumption School of Nursing, Sulthan_ Crl.M.C No. 4582 of 2020 4 _Bathery, with a common intention, abused and teased the defacto complainant who is a junior student studying 1[st] year Nursing in the same Institution from 10.05.2015 to 07.6.2016 and in consequence of the above verbal harassment defacto complainant attempted to commit suicide. Thus the accused have committed the above offence. After investigation Sulthan Bathery Police filed final report before Judicial First Class Magistrate Court-I, Sulthan Bathery and learned Magistrate taken it on file as CP No. 48/2016 and committed the above case to learned Sessions Court, Kalpetta for trial. Later the learned Sessions Court made over the above case to Additional Sessions Court-l, Kalpetta. Thereafter the learned Addl. Sessions Court-l, Kalpetta send the file back to JFMC-I, Sulthan Bathery since the punishment prescribed for the above offence is below seven years. JFMC-I, Sulthan Bathery taken it on file as CC No. 643/2017 and now the matter is pending for trial before the JFCM-I, Sulthan Bathery. There is no serious allegation against the petitioners. The petitioners submit that they are totally innocent of the allegation and have no complicity in the alleged crime. The petitioners are falsely implicated in the above crime on account of mistaken of facts. Moreover due the intervention of mediators, parents and well wishers, entire disputes have been settled amicably between petitioner, other accused in the said crime and 2[nd] respondent and as regards the above criminal case, it was further agreed to quash the proceedings by filing appropriate application before this Court and for this purpose 2[nd] respondent herein have sworn to an affidavit dated 05.10.2020. In view of the above facts and circumstances, the above crime is liable to be quashed by resort to section 482 of the Code. The continuance of the proceedings besides being unnecessary would result in miscarriage of justice. Therefore applying the well settled principles of law, the_ 5 Crl.M.C No. 4582 of 2020 _proceedings deserve to be quashed by this Court invoking the Jurisdiction under section 482 of Cr.P.C._ 4. The main grounds urged by the petitioner are as follows: _In view of the settlement between the petitioners and 2[nd] respondent and she has no further grievances, the proceedings in crime No.537/2016 of Sulthan Bathery Police Station is liable to be quashed to prevent the miscarriage of justice any further. The petitioners are falsely implicated in the above crime, Moreover 2[nd] respondent who being the victim was sworn an affidavit in favour of the petitioners. Inasmuch as the allegation against the petitioner having settled, the continuance of the proceeding would only be an abuse of process of law. Further no purpose would be served in allowing the prosecution to continue to its logical end. Moreover there is no more grievances for 2[nd] respondent in terminating the proceedings in the above crime. Even in a case where the prosecution brings it before a court of trail, it is sure that prosecution cannot prove the presence and involvement of the petitioners so as to end in conviction. It is in the light of these averments and contentions that the petitioner has filed instant Crl.M.C with the aforementioned prayers._ 5. From the submissions of the learned Advocate appearing for the petitioners and the learned Advocate appearing for the 2[nd] respondent, it appears that the disputes between them have been resolved and R2 has filed Anx.A3 affidavit dated 05-10-2020 stating about the facts of settlement between them and that the 2[nd] respondent does not wish to continue the impugned criminal Crl.M.C No. 4582 of 2020 6 proceedings and that she has no objection for quashment of the impugned criminal proceedings. 6. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and _**Narinder Singh and others v. State of Punjab and anr**_ . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for Crl.M.C No. 4582 of 2020 7 quashment. 7. Accordingly it is ordered that the impugned Anx.A2 Final report/charge sheet filed in crime No.537/2016 of Sulthan Bathery Police Station , which has now led to the pendency of Calendar Case, C.C No.643/2017 on the file of the JFCM-I, Sulthan Bathery as against the petitioners/accused persons and all further proceedings emanating therefrom as against the petitioners/accused persons will stand quashed and set aside. 9. The petitioners will produce certified copies of this order before the Investigating Officer concerned as well as before the Judicial First Class Magistrate Court, Sulthan Bathery, who is dealing with C.C No.643/2017 for necessary information. With these observations and directions, the above Criminal Miscellaneous Case will stand disposed of. **Sd/ALEXANDER THOMAS, JUDGE** KAS Crl.M.C No. 4582 of 2020 8 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 CERTIFIED COPY OF FIR NO.537 OF 2016 OF SULTHANBATHERY POLICE STATION.** **ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.537 OF 2016 OF SULTHAN BATHERY POLICE STATION. ANNEXURE A3 AFFIDAVIT DATED 5.10.2020 SWORN BY 2ND RESPONDENT.** **RESPONDENT'S/S EXHIBITS: NIL**