Criminal Miscellaneous Case Nos. 5367/2023 & 5368/2023: Vishak P.R. et al. v. State of Kerala; Jebin John Abraham et al. v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` TUESDAY, THE 17[TH] DAY OF OCTOBER 2023 / 25TH ASWINA, 1945 ``` ``` CRL.MC NO. 5367 OF 2023 ``` ``` CRIME NO.772/2022 OF Aranmula Police Station, Pathanamthitta PETITIONERS/ACCUSED 1 TO 4: ``` ``` 1VISHAK P.R AGED 21 YEARS, S/O. P.V. REGHU, PUTHIYAMANNIL HOUSE, THEKKEMALA, KOZHENCHERRY, PATHANAMTHITTA, PIN - 689641 2THASLIM.P.ISMAIL AGED 22 YEARS, S/O. ISMAIL P.M, PUTHENVEETTIL PARAYIL HOUSE, EDAKUMMEL, KOTTAYAM., PIN - 686001 3JOEL JAYAKUMAR AGED 25 YEARS, S/O. JAYAKUMAR, RESIDING AT 105CBB, BLOCK, EAST SHALIMAR, SHALIMAR BHAGH, WEST DELHI-, PIN - 110008 4NITHIN KUMAR AGED 21 YEARS, S/O.HARIKUMAR, KRISHNAKRIPA HOUSE, KADASIKKADU ATTORAM, VANDIPERIYAR, MANJUMALA, IDUKKI-, PIN - 685533 BY ADV CHRISTY THOMAS ``` ## **`RESPONDENTS/DEFACTO COMPLAINANT & STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2JEBIN JOHN ABRAHAM S/O. ABRAHAM, MURUPPEL HOUSE, MALLAPPUZHASSERI VILLAGE, KUZHIKALA MURI, PATHANAMTHITTA, PIN - 689644 SMT.SREEJA V, PP SRI.S.K.ADITHYAN ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON17.10.2023,ALONGWITH Crl.MC.5368/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` CrlM.C..Nos.5367 & 5368 of /2023 **2** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 17[TH] DAY OF OCTOBER 2023 / 25TH ASWINA, 1945 ``` ## **`CRL.MC NO. 5368 OF 2023`** ``` CRIME NO.777/2022 OF Aranmula Police Station ``` ## **`PETITIONERS/ACCUSED 1 TO 3:`** ``` 1JEBIN JOHN ABRAHAM AGED 19 YEARS S/O. ABRAHAM, MURUPPEL HOUSE, MALLAPPUZHASSERI VILLAGE, KUZHIKALA MURI, PATHANAMTHITTA, PIN - 689644 2ANU.H AGED 21 YEARS, S/O. B. HARIKUMAR, , THIRUVATHIRA HOUSE, PARAYANKARA, ULLAANNOOR MURI, KULANADA VILLAGE, PATHANAMTHITTA-, PIN - 689503 3AMIT JACOB SUNIL AGED 21 YEARS AMIT JACOB SUNIL. S.O. SUNIL.P. ABRAHAM, PLANKOOTTATHIL HOUSE, KOZHENCHERRY EAST MURI &VILLAGE, PATHANAMTHITTA, PIN - 689641 BY ADVS.S.K.ADHITHYAN MANU MOHAN (M-1378) ALTHAF NABEEL ``` ## **`RESPONDENTS/DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2VISHAK P.R. S/O. P.V. REGHU, PUTHIYAMANNIL HOUSE, THEKKEMALA, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-, PIN - 689641 SRI.CHRISTY THOMAS, SRI.M.P.PRASANTH, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.10.2023, ALONG WITH Crl.MC.5367/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` CrlM.C..Nos.5367 & 5368 of /2023 **3** ## **P.V.KUNHIKRISHNAN, J. -------------------------------Crl.M.C. Nos.5367 & 5368 of 2023 ---------------------------------------------Dated this the 17[th] day of October, 2023** ## **ORDER** These Criminal Miscellaneous Cases are filed to quash the proceedings based on settlement. Crl.M.C.No.5367/2023 is filed to quash the proceedings in Crime No.772/2022 of Aranmula Police Station. It is submitted that the final report is also filed in that case. Crl.M.C.No.5368/2023 is filed to quash the proceedings in Crime No.777/2022 of Aranmula Police Station. In that case also, final report is filed. It is conceded by both sides that these are case and counter case, and the matter is settled. 2. 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 affidavit filed by the victims in support of his contention. The CrlM.C..Nos.5367 & 5368 of /2023 **4** counsel appearing for the victims also submitted that the matter is settled and the victims have no objection in quashing the prosecution. 3. 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. 4. 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. 5. 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 CrlM.C..Nos.5367 & 5368 of /2023 **5** ## 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 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 CrlM.C..Nos.5367 & 5368 of /2023 **6** 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 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 CrlM.C..Nos.5367 & 5368 of /2023 **7** non- compoundable 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.” 6. 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, these Criminal Miscellaneous Cases are allowed in the following manner: 1. In Crl.M.C.No.5367/2023, all further proceedings in Crime No.772/2022 of Aranmula Police Station, including the final report, are quashed. 2. In Crl.M.C.No.5368/2023, all further CrlM.C..Nos.5367 & 5368 of /2023 **8** proceedings in Crime No.777/2022 of Aranmula Police Station, including the final report are quashed. JV sd/- **P.V.KUNHIKRISHNAN JUDGE** CrlM.C..Nos.5367 & 5368 of /2023 **9** ## **`APPENDIX OF CRL.MC 5367/2023`** ``` PETITIONER ANNEXURES Annexure A1THE TRUE COPY OF THE FIR IN CRIME NO. 772/2022 OF ARANMULA POLICE STATION, AnnexureA2AN ORIGINAL AFFIDAVIT OF COMPROMISE OF RESPONDENT NO. 2 DATED 21/06/2023 ``` CrlM.C..Nos.5367 & 5368 of /2023 **10** ## **`APPENDIX OF CRL.MC 5368/2023`** |`PETITIONER`|`ANNEXURES`| |---|---| |`AnnexureA1`|`THE TRUE COPY OF THE FIR IN CRIME NO.`| ||`777/2022 OF ARANMULA POLICE STATION,`| ||`PUNISHABLE U/SS. 341,323, 294(B), R/W`| ||`34 OF IPC PENDING AS CC NO. 1049/2022`| ||`ON THE FILE OF THE HON'BLE JUDICIAL`| ||`FIRST CLASS MAGISTRATE COURT-I,`| ||`PATHANAMTHITTA`| |`AnnexureA2`|`THE TRUE COPY OF THE FINAL REPORT IN`| ||`CRIME NO. 777/2022 OF ARANMULA POLICE`| ||`STATION, PUNISHABLE U/SS.`| ||`341,323,294(B), R/W 34 OF IPC PENDING`| ||`AS CC NO. 1049/2022 ON THE FILE OF THE`| ||`HON'BLE JUDICIAL FIRST CLASS`| ||`MAGISTRATE COURT-I, PATHANAMTHITTA`| |`AnnexureA3`|`AN ORIGINAL AFFIDAVIT OF COMPROMISE OF`| ||`RESPONDENT NO. 2 DATED 21/06/2023`|