Criminal Miscellaneous Cases before the High Court of Kerala (Ernakulam) in CRL.M.C Nos. 3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25[TH] DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945`** ## **`CRL.MC NO. 3603 OF 2021`** ## **`PETITIONER/ACCUSED 2 & 3:`** ``` 1K.G.BIJU, AGED 50 YEARS, S/O. LATE K.P. GOPALAN, KUTTIPARAMBIL HOUSE, NEDUMPRAM, PODIYADI P.O, THIRUVALLA, PATHANAMTHITTA-689 110 ``` - `2 KARIPPAKUZHIYIL SUKUMARAN, S/O. LATE DIVAKARAN, AGED 74 YEARS, KARIPPAKUZHIYIL, THIRUMOOLAPURAM, THIRUVALLA, PATHANAMTHITTA 689 115.` ``` BY ADV B.MOHANLAL ``` ## **`RESPONDENTS /STATE & DEFACTO COMPLAINANT:`** - `1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.` - `2 THE DETECTIVE INSPECTOR, CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA, THIRUVALLA P.O, PATHANAMTHITTA 689 101.` - `3 SRI. SANAL CHANDRAN, CONVENER, GURUJYOTHI PURUSHA SWAYAM SAHAYA SANGHAM NO. 103/35/M, KOCHUMUNDAKATHIL, ALAMTHURUTHY P.O, THIRUVALLA,PATHANAMTHITTA-689 113` ``` BY ADVS. T.P.PRADEEP MINIKUMARY M.V. ``` ## **`OTHER PRESENT:`** ``` SMT.NIMA JACOB, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH Crl.MC.3497/2021, 3541/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25[TH] DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 ``` ## **`CRL.MC NO. 3497 OF 2021`** ## **`PETITIONER/ACCUSED 2 & 3:`** ``` 1K.G.BIJU AGED 50 YEARS, S/O.LATE K.P.GOPALAN, KUTTYPARAMBIL HOUSE, NEDUMPURAM, PODIYADI P.O., THIRUVALLA, PATHANANTHITTA - 689 110. ``` ``` 2KARIPPAKUZHIYIL SUKUMARAN AGED 74 YEARS, S/O.LATE DIVAKARAN, KARIPPAKUZHIYIL, THIRUMOOLAPURAM, THIRUVALLA, PATHANAMTHITTA - 689 115. ``` ## `BY ADV B.MOHANLAL` ## **`RESPONDENT/STATE & DEFACT COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. ``` ``` 2THE DETECTIVE INSPECTOR CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA, PATHANAMTHITTA - 689 101. 3BINDU K.K. CONVENER, SIVAGIREEWAN SWAYAM SAHAYA SANGAM NO.1156/400, RESIDING AT BINDU VILASOM, EZHUMATTOOR P.O., MALLAPPALLY, THIRUVALLA, PATHANAMTHITTA - 689 586. BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR(K/607/2012) R.K.PRASANTH(K/000475/2017) MINIKUMARY M.V.(K/118/2019) JIJO JOSEPH(K/000402/2022) SMT.NIMA JACOB, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH Crl.MC.3603/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25[TH] DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945`** ## **`CRL.MC NO. 3541 OF 2021`** ## **`PETITIONER/ACCUSED 2 & 3:`** - `1 K.G.BIJU, AGED 50 YEARS, S/O LATE K.P.GOPALAN, KUTTYPARAMBIL HOUSE, NEDUMPRAM, PODIYADI P.O.THIRUVALLA, PATHANAMTHITTA-689 110.` - `2 KARIPPAKUZHIYIL SUKUMARAN, S/O LATE DIVAKARAN, KARIPPAKUZHIYIL, THIRUMOOLAPURAM, THIRUVALLA, PATHANAMTHITTA-689 115.` ## `BY ADV B.MOHANLAL` ## **`RESPONDENT/STATE & DEFACTO COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.` - `2 THE DETECTIVE INSPECTOR, CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA, THIRUVALLA P.O.PATHANAMTHITTA-689 101.` ``` 3SMT. SOBHA RAMESH, AGED 48 YEARS, W/O RAMESH, CONVENER, DR. PALPPU SMARAKA SWAYAM SAHAYA SANGHAM NO 434/26,NIRANAM, MANNAMTHOTTUVAZHIL, KOITHOTTATHIL, KADAPRA, MANNAR P.O.ALAPPUZHA-689 622 ``` ``` BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR(K/607/2012) R.K.PRASANTH(K/000475/2017) MINIKUMARY M.V.(K/118/2019) JIJO JOSEPH(K/000402/2022) SMT. NIMA JACOB, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH Crl.MC.3603/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 4 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25[TH] DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 ``` ``` CRL.MC NO. 3565 OF 2021 ``` ## **`PETITIONER/ACCUSED 2 & 3:`** ``` 1K.G.BIJU AGED 50 YEARS, S/O. LATE K.P. GOPALAN, KUTTYPARAMBIL HOUSE, NEDUMPRAM, PODIYADI P.O., THIRUVALLA, PATHANAMTHITTA-689 110. ``` ``` 2KARIPPAKUZHIYIL AGED 74 YEARS, S/O. LATE DIVAKARAN, KARIPPAKUZHIYIL, THIRUMOOLAPURAM, THIRUVALLA, PATHANAMTHITTA-689 115. ``` ## `BY ADV B.MOHANLAL` ## **`RESPONDENT/STATE & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. ``` ``` 2THE DETECTIVE INSPECTOR CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA, PATHANAMTHITTA-689 101. 3SUGUNAMMA SANTHOSH AGED 48 YEARS, W/O. SANTHOSH, CONVENER, ADWAITHASRAMAM SWAYAM SAHAYA SANGHAM NO.2048/87, KALARIL VEEDU, CHUMATHRA P.O., THIRUVALLA, PATHANAMTHITTA-689 103. ``` ``` BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR(K/607/2012) R.K.PRASANTH(K/000475/2017) MINIKUMARY M.V.(K/118/2019) JIJO JOSEPH(K/000402/2022) SMT. NIMA JACOB, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH Crl.MC.3603/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 5 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25[TH] DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 ``` ## **`CRL.MC NO. 3592 OF 2021`** ## **`PETITIONER/ACCUSED 2 & 3:`** ``` 1K.G.BIJU, AGED 50 YEARS, S/O.LATE K.P.GOPALAN, KUTTIPARAMBIL HOUSE, NEDUMPRAM, PODIYADI P.O., THIRUVALLA, PATHANAMTHITTA-689110. 2KARIPPAKUZHIYIL SUKUMARAN, AGED 74 YEARS, S/O.LATE DIVAKARAN, KARIPPAKUZHIYIL, THIRUMOOLAPURAM, THIRUVALLA, PATHANAMTHITTA-689 115. ``` ## `BY ADV B.MOHANLAL` ## **`RESPONDENT/STATE & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2THE DETECTIVE INSPECTOR, CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA, THIRUVALLA P.O., PATHANAMTHITTA-689 101. 3SMT.VASANTHY.S., CONVENER, DR.PALPPU MEMORIAL SWAYAM SAHAYA SANGHAM NO.3553/195, PODIYADI, RESIDING AT KADUMATHIL VEEDU, PODIYADI P.O., THIRUVALLA, PATHANAMTHITTA-689 110. ``` ``` BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR(K/607/2012) R.K.PRASANTH(K/000475/2017) MINIKUMARY M.V.(K/118/2019) JIJO JOSEPH(K/000402/2022) SMT. NIMA JACOB, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH Crl.MC.3603/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 6 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25[TH] DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 ``` ## **`CRL.MC NO. 3595 OF 2021`** ## **`PETITIONER/ACCUSED 2 & 3:`** ``` 1K.G.BIJU AGED 50 YEARS, S/O. LATE K.P.GOPALAN, KUTTIPARAMBIL HOUSE, NEDUMPRAM, PODIYADI P.O., THIRUVALLA, PATHANAMTHITTA-689110. ``` - `2 KARIPPAKUZHIYIL SUKUMARAN, AGED 74 YEARS, S/O. LATE DIVAKARAN, KARIPPAKUZHIYIL, THIRUMOOLAPURAM, THIRUVALLA, PATHANAMTHITTA-689115.` ``` BY ADV B.MOHANLAL ``` ## **`RESPONDENT/STATE & DEFACTO COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.` - `2 THE DETECTIVE INSPECTOR, CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA, THIRUVALLA P.O., PATHANAMTHITTA-689101.` ``` 3BINDU KUMARI, CONVENER, GURUDEEPAM SWAYAM SAHAYA SANGHAM NO.784/299, MALLAPPALLIL, ANJILITHANAM P.O., KAVIYOOR, THIRUVALLA, PATHANAMTHITTA-689582. ``` ``` BY ADV T.P.PRADEEP ``` ``` SMT. NIMA JACOB, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH Crl.MC.3603/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 7 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25[TH] DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 ``` ## **`CRL.MC NO. 3602 OF 2021`** ## **`PETITIONER/ACCUSED 2 & 3:`** ``` 1K.G.BIJU AGED 50 YEARS S/O.LATE K.P.GOPALAN, KUTTIPARAMBIL HOUSE, NEDUMPRAM, PODIYADI P.O., THIRUVALLA, PATHANAMTHITTA-689110. ``` - `2 KARIPPAKUZHIYIL SUKUMARAN, AGED 74 YEARS, S/O.LATE DIVAKARAN,` ``` KARIPPAKUZHIYIL, THIRUMOOLAPURAM, THIRUVALLA, PATHANAMTHITTA-689115. ``` ``` BY ADV B.MOHANLAL ``` ## **`RESPONDENT/STATE & DEFACTO COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.` - `2 THE DETECTIVE INSPECTOR, CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA, THIRUVALLA P.O., PATHANAMTHITTA-689101.` ``` 3SMT.OMANA VIDHYADHARAN, CONVENER, ARIVIPPURAM SWAYAM SAHAYA SANGAM NO.1010/KL/12A, THIRUVALLA, RESIDING AT ABHILASH BHAVAN, KALLUNKAL P.O., THIRUVALLA, PATHANAMTHITTA-689102. ``` ``` BY ADVS. T.P.PRADEEP MINIKUMARY M.V. SMT. NIMA JACOB, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH Crl.MC.3603/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 8 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25[TH] DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 CRL.MC NO. 3817 OF 2021 ``` ``` PETITIONER/ACCUSED 2 & 3: ``` ``` 1K.G.BIJU AGED 50 YEARS, S/O.LATE K.P.GOPALAN, KUTTIPARAMBIL HOUSE, NEDUMPRAM, PODIYADI P.O, THIRUVALLA, PATHANAMTHITTA 689 110 ``` ``` 2KARIPPAKUZHIYIL SUKUMARAN AGED 74 YEARS, S/O.LATE DIVAKARAN, KARIPPAKUZHIYIL, THIRUMOOLAPURAM, THIRUVALLA, PATHANAMTHITTA 689 115 ``` ## `BY ADV B.MOHANLAL` ## **`RESPONDENT/STATE & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 2THE DETECTIVE INSPECTOR CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA, THIRUVALLA P.O., PATHANAMTHITTA 689 101 3SMT. REMANI PRABHAKARAN CONVENER, DR. PALPPU SWAYAM SAHAYA SANGHAM NO.313/150, KADAPRA, NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA - 689 621 ``` ``` BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR(K/607/2012) R.K.PRASANTH(K/000475/2017) MINIKUMARY M.V.(K/118/2019) JIJO JOSEPH(K/000402/2022) SMT. NIMA JACOB, PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH Crl.MC.3603/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 9 ## **P.V.KUNHIKRISHNAN, J.** ----------------------------------------------- Crl.M.C. Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021 ------------------------------------------------ Dated this the 25[th] day of September, 2023 ## O R D E R These Criminal Miscellaneous Cases are filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. Petitioners in these cases are same. Petitioners are accused in Crime Nos.319/CB/KLM & PTA/R/2019, 314/CB/KLM & PTA/R/2019, 310/CB/KLM & PTA/R/2019, 315/CB/KLM & PTA/R/2019, 318/CB/KLM & PTA/R/2019, 311/CB/KLM & PTA/R/2019, 312/CB/KLM & PTA/R/2019, and 313/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta. It is submitted that these cases are settled between the parties and the victim has no grievance. 3. 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 counsel 10 ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` appearing for the victims also submitted that the matter is settled and the victims have no objection in quashing the prosecution. 4. 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. 5. This Court has considered the submission of the petitioner, victims and the Public Prosecutor and has also gone through the records including the affidavits filed by the victims. 6. 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: ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 11 _“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 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_ ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 12 _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 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.”_ 7. 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. ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 13 Therefore, this Criminal Miscellaneous case is allowed in the following manner: As far as Crl. M.C. No.3603/2021 is concerned, proceedings against the petitioners alone in Crime No.319/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta are quashed. As far as Crl. M.C. No.3602/2021 is concerned, proceedings against the petitioners alone in Crime No.314/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta are quashed. As far as Crl. M.C. No.3497/2021 is concerned, proceedings against the petitioners alone in Crime No.310/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta, are quashed. As far as Crl. M.C. No.3541/2021 is concerned, proceedings against the petitioners alone in Crime No. 315/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta, are quashed. As far as Crl. M.C. No.3565/2021 is concerned, proceedings against the petitioners alone in Crime No. 318/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta, are quashed. As far as Crl. M.C. No.3592/2021 is concerned, proceedings against the petitioners alone in Crime No. 311/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta, are quashed. ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 14 As far as Crl. M.C. No.3595/2021 is concerned, proceedings against the petitioners alone in Crime No. 312/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta, are quashed and As far as Crl. M.C. No.3817/2021 is concerned, proceedings against the petitioners alone in Crime No.313/CB/KLM & PTA/R/2019 of Crime Branch Pathanamthitta, are quashed. Sd/- P.V.KUNHIKRISHNAN, JUDGE sou. ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 15 ## **`APPENDIX OF CRL.MC 3603/2021`** ## `PETITIONER ANNEXURES` ``` ANNEXURE A1THE CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO. 1173/2018 OF THIRUVALLA POLICE STATION IN PATHANAMTHITTA DISTRICT NOW PENDING IN CRIME NO. 319/CB/KLM AND PTA/R/2019 OF THE CRIME BRANCH, PATHANAMTHITTA AT THIRUVALLA PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. ``` ## `RESPONDENT ANNEXURES` ``` ANNEXURE R3(a)TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT ON 29/07/2023 ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 16 ## **`APPENDIX OF CRL.MC 3497/2021`** ## `PETITIONER ANNEXURES` ``` ANNEXURE A1 ``` ``` THE CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO.1034/2018 OF THIRUVALLA POLICESTATIONINPATHANAMTHITTA DISTRICT. ``` ## `RESPONDENT ANNEXURES` ``` ANNEXURE R3(a)TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT ON 29/07/2023 ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 17 ## **`APPENDIX OF CRL.MC 3541/2021`** ## `PETITIONER ANNEXURES` ``` Annexure A1THE CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO 1064/2018 OF THIRUVALLA POLICE STATION IN PATHANAMTHITTA DISTRICT NOW PENDING IN CRIME NO 315/CB/KLM & PTA/R/2019OFTHECRIMEBRANCH PATHTANAMTHITTA AT THIRUVALLA PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 18 ## **`APPENDIX OF CRL.MC 3565/2021`** ## `PETITIONER ANNEXURES` ``` Annexure A1 ``` ``` THE CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO.1172/2018 OF THIRUVALLA POLICE STATION IN PATHANAMTHITTA DISTRICT NOW PENDING IN CRIME NO.318/CB/KLM & PTA/R/2019OFTHECRIMEBRANCH PATHANAMTHITTA AT THIRUVALLA ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. ``` ## `RESPONDENT ANNEXURES` ``` Annexure R3(a)TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT ON 29/07/2023 ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 19 ## **`APPENDIX OF CRL.MC 3592/2021`** ## `PETITIONER ANNEXURES` ``` ANNEXURE A1 ``` ``` THE CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO.1042/2018 OF THIRUVALLA POLICE STATION IN PATHANAMTHITTA DISTRICT NOW PENDING IN CRIME NO.311/CB/KLM & PTA/R/2019OFTHECRIMEBRANCH PATHANAMTHITTA AT THIRUVALLA PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. ``` ## `RESPONDENT ANNEXURES` ``` ANNEXURE R3(A)TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT ON 29/07/2023 ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 20 ## **`APPENDIX OF CRL.MC 3595/2021`** ## `PETITIONER ANNEXURES` ``` ANNEXURE A1 ``` ``` THE CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO.1043/2018 OF THIRUVALLAPOLICESTATIONIN PATHANAMTHITTA DISTRICT NOW PENDING IN CRIME NO.312/CB/KLM & PTA/R/2019 OF THE CRIME BRANCH PATHANAMTHITTA AT THIRUVALLA PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. ``` ## `RESPONDENT ANNEXURES` ``` ANNEXURE R3(a)TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT ON 29/07/2023 ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 21 ## **`APPENDIX OF CRL.MC 3602/2021`** ## `PETITIONER ANNEXURES` ``` ANNEXURE A1 ``` ``` THE CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO.1063/2018 OF THIRUVALLAPOLICESTATIONIN PATHANAMTHITTA DISTRICT NOW PENDING IN CRIME NO.314/CB/KLM & PTA/R/2019 OF THE CRIME BRANCH PATHANAMTHITTA AT THIRUVALLA PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. ``` ## `RESPONDENT ANNEXURES` ``` ANNEXURE R3(a)TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT ON 29/07/2023 ``` ``` [Crl.MC Nos.3603/2021, 3497/2021, 3541/2021, 3565/2021, 3592/2021, 3595/2021, 3602/2021, 3817/2021] ``` 22 ## **`APPENDIX OF CRL.MC 3817/2021`** ## `PETITIONER ANNEXURES` ``` ANNEXURE A1 ``` ``` THE CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO.1044/2018 OF THIRUVALLA POLICE STATION IN PATHANAMTHITTA DISTRICT NOW PENDING IN CRIME NO.313/CB/KLM & PTA/R/2019OFTHECRIMEBRANCH PATHANAMTHITTA AT THIRUVALLA PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. ``` ## `RESPONDENT ANNEXURES` ``` ANNEXURE R3(a) ``` ``` TRUE COPY OF THE AFFIDAVIT FILED BY THE COUNSEL FOR THE 3RD RESPONDENT DATED 29.07.2023 ```