Criminal Miscellaneous Case Nos. 9961 of 2023 and 9901 of 2023, High Court of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 CRL.MC NO. 9961 OF 2023** **CRIME NO.1540/2022 OF Ernakulam South Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CC 177/2023 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM PETITIONER(S)/ACCUSED:** 1 AYYAPPAN, AGED 60 YEARS S/O.NARAYANAN, MOOTHIRAPALLY VEETTIL, NETOR, MARADU, ERNAKULAM, PIN - 682040 2 VINEESH, AGED 44 YEARS S/O.ACHUTHAN, PAINTHURUTHIL HOUSE, PARAKADAVU, NEDUMBASSERY, PIN - 683572 3 VINNES, AGED 33 YEARS S/O.GIREESHAN, KUTTIKATTIL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPERUR, ERNAIULAM, PIN - 682307 4 ANTONY @ ALBERT, AGED 60 YEARS S/O.DEVASSI, OTTUPARAKKAL HOUSE, ELAMKULAM VILLAGE, THEVARA, ERNAKULAM, PIN - 682020 BY ADV SURAJ.S ## **RESPONDENT(S)/COMPLAINANT & STATE:** 1 SIYAD.M.S. AGED 28 YEARS S/O.SIDDHIQUE, KAATTUKARAN HOSUE, VADAMA VILLAGE, THRISSUR, PIN - 680372 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 BY ADV. SRI.M.P.PRASANTH, PP SRI.SREEJITH.S. NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH Crl.MC.9901/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.9961 & 9901 of 2023 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945** **CRL.MC NO. 9901 OF 2023** **CRIME NO.1545/2022 OF Ernakulam South Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CC 110/2023 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM** ## **PETITIONER(S)/ACCUSED 1 & 2:** 1 UNNIKRISHNAN K. S., AGED 52 YEARS S/O SUBRAMANIAN K. M KARIKULAM HOUSE, VADAMA VILLAGE ASTAMICHIRAKARA, THRISSUR, PIN - 680372 2 SIYAD M.S, AGED 28 YEARS S/O SIDDHIQUE KAATTUKARAN HOUSE, VADAMA VILLAGE THRISSUR, PIN - 680372 BY ADV SREEJITH S.NAIR ## **RESPONDENT(S)/COMPLAINANT & STATE:** 1 AYYAPPAN AGED 60 YEARS S/O NARAYANAN MOOTHIRAPALLY VEETIL, NETOOR MARADU ERNAKULAM, PIN - 682040 2 VINNES AGED 33 YEARS S/O GIREESHAN KUTTIKATTIL HOUSE, MANAKUNNAM VILLAGE UDAYAMPERUR, ERNAKULAM, PIN - 680307 3 STATE OF KERALA Crl.M.C.Nos.9961 & 9901 of 2023 **==> picture [10 x 10] intentionally omitted <==** REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 BY ADVS. SRI.M.P.PRASANTH, PP SRI.SURAJ S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH Crl.MC.9961/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.9961 & 9901 of 2023 4 ## **P.V.KUNHIKRISHNAN, J.** **------------------------------** **Crl.M.C.Nos.9961 & 9901 of 2023 ---------------------------------------------Dated this the 18[th] day of December, 2023** ## **ORDER** These Criminal Miscellaneous Cases are connected and therefore, I am disposing of these Criminal Miscellaneous Cases by a common order. 2. Crl.M.C. No.9961/2023 is filed to quash all proceedings against the petitioners in C.C.Nos.177/2023 on the file of the Additional Chief Judicial Magistrate (E & O), Ernakulam arising from Crime No.1540/2022 of Ernakulam South Police Station. Crl.M.C. No.9901/2023 is filed to quash all proceedings against the petitioners in C.C.Nos.110/2023 on the file of the Additional Chief Judicial Magistrate (E & O), Ernakulam arising from Crime No.1545/2022 of Ernakulam South Police Station. 3. The above cases are case and counter case. It is Crl.M.C.Nos.9961 & 9901 of 2023 5 submitted that, both cases are settled and both sides have no grievance against each other. 4. The learned counsel appearing for the petitioners in these cases 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 these cases in support of their contention. The counsel appearing for the victims in these cases 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 Crl.M.C.Nos.9961 & 9901 of 2023 6 the victims in these cases. 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 out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;_ Crl.M.C.Nos.9961 & 9901 of 2023 7 _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 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_ Crl.M.C.Nos.9961 & 9901 of 2023 8 _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.”_ 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, these Criminal Miscellaneous cases are allowed in the following manner: i) In Crl.M.C.No.9961/2023, all further proceedings against the petitioners in C.C.Nos.177/2023 on the file of the Additional Chief Judicial Magistrate (E & O), Ernakulam arising from Crime No.1540/2022 of Ernakulam South Police Station are quashed. Crl.M.C.Nos.9961 & 9901 of 2023 9 ii) In Crl.M.C. No.9901/2023, all further proceedings against the petitioners in C.C.Nos.110/2023 on the file of the Additional Chief Judicial Magistrate (E & O), Ernakulam arising from Crime No.1545/2022 of Ernakulam South Police Station are quashed. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** Crl.M.C.Nos.9961 & 9901 of 2023 10 ## **APPENDIX OF CRL.MC 9901/2023** |PETITIONER ANNEXURES|PETITIONER ANNEXURES| |---|---| |ANNEXURE A1|- TRUE COPY OF FIR CRIME NO. 1545 OF| ||2022 OF THE ERNAKULAM TOWN SOUTH POLICE| ||STATION| |ANNEXURE A2|TRUE COPY OF THE FINAL REPORT IN CC NO.| ||110 OF 2023 THE ADDITIONAL CHIEF| ||JUDICIAL MAGISTRATE COURT (EO)| |ANNEXURE A3|AFFIDAVIT SWORN IN BY THE 1ST| ||RESPONDENT| |ANNEXURE A4|AFFIDAVIT SWORN IN BY THE 2ND| ||RESPONDENT| Crl.M.C.Nos.9961 & 9901 of 2023 11 ## **APPENDIX OF CRL.MC 9961/2023** PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 1540 OF 2022 OF THE ERNAKULAM TOWN SOUTH POLICE STATION ANNEXURE -A2 TRUE COPY OF THE FINAL REPORT IN CC NO. 177 OF 2023 THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (EO) ANNEXURE A3 AFFIDAVIT SWORN IN BY THE 1ST RESPONDENT RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE