CRL. M.C. NOS.9903 & 9927 OF 2023

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` MONDAY, THE 27[TH] DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 CRL.MC NO. 9903 OF 2023 ``` ``` CRIME NO.280/2023 OF KARIPUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT CC 857/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI ``` ## **`PETITIONER(S)/ACCUSED:`** - **`1 SAINUL ABID AGED 34 YEARS, S/O. IBRAHIM, PATTAYIL HOUSE, MATHAMKULAM, KARIPPUR P.O., MALAPPURAM, PIN - 673638`** - **`2 GOKUL AGED 24 YEARS, S/O. UNNIKRISHNAN, UMMALATH THOTTIYIL HOUSE, MATHAMKULAM, KARIPPUR.P.O., MALAPPURAM, PIN - 673638`** - **`3 ABDUL VAHID AGED 27 YEARS, S/O. MUHAMMED, NARANGATTU HOUSE, PALLIKKAL, KARIPPUR.P.O., MALAPPURAM PIN - 673638`** - **`4 ASLAM SAJJAD AGED 33 YEARS, S/O. AHAMMED KABEER, MANNARAKKAL HOUSE, KUMMINIPARAMBU, MATHAMKULAM, KARIPPUR.P.O., MALAPPURAM., PIN - 673638`** - **`5 SHIHAB.C.K AGED 34 YEARS, S/O. ALAVI, THOTTOLIL HOUSE, PALLIKKAL, KARIPPUR.P.O., MALAPPURAM., PIN - 673638`** ``` BY ADVS. ``` ## **`K.K.DHEERENDRAKRISHNAN`** - **`N.P.ASHA ABDUSSAMAD K.K.`** ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` 2 ## **`RESPONDENT(S):`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031`** - **`2 PAZHERI FAYIS AGED 25 YEARS, S/O. MUHAMMED MUSTHAFA, PAZHERI HOUSE, KARUVANKALLU, MELANGADI, KARIPPUR P.O., MALAPPURAM, PIN - 673638`** - **`3 MUFEED S/O. KUNJI, PAZHERI HOUSE, KARUVANKALLU, PERUVALLUR P.O., MALAPPURAM., PIN - 673638`** - **`BY ADVS.`** - **`SMT. SREEJA V, PP`** ``` SRI. SHAJIN S HAMEED ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.11.2023, ALONG WITH Crl.MC.9927/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 3 ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 27[TH] DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 CRL.MC NO. 9927 OF 2023 ``` ``` CRIME NO.282/2023 OF KARIPUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT CC 846/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI ``` ## **`PETITIONER/S:`** - **`1 KUNHU MUHAMMED`** ``` AGED 44 YEARS, S/O. USMAN, PAZHERI HOUSE, KARUVANKALLU, PERUVALLUR P.O., MALAPPURAM., PIN - 673638 ``` - **`2 MUSTHAFA PAZHERI AGED 47 YEARS, S/O. USMAN, PAZHERI HOUSE, KARUVANKALLU, PERUVALLUR P.O., MALAPPURAM., PIN - 673638`** - **`3 ABDUL NAZER AGED 42 YEARS, S/O. USMAN, PAZHERI HOUSE, KARUVANKALLU, PERUVALLUR P.O., MALAPPURAM., PIN - 673638`** - **`4 PAZHERI FAYIS AGED 25 YEARS, S/O. MUHAMMED MUSTHAFA, PAZHERI HOUSE, KARUVANKALLU, MELANGADI, KARIPPUR P.O., MALAPPURAM., PIN - 673638`** ## **`BY ADV SHAJIN S.HAMEED`** ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` 4 ## **`RESPONDENT(S)/STATE:`** - **`1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031`** - **`2 SAINUL ABID`** - **`AGED 34 YEARS, S/O. IBRAHIM, PATTAYIL HOUSE, MATHAMKULAM, KARIPPUR P.O., MALAPPURAM., PIN - 673638`** - **`3 GOKUL`** ``` AGED 24 YEARS, S/O. UNNIKRISHNAN, UMMALATH THOTTIYIL HOUSE,MATHAMKULAM, KARIPPUR P.O., MALAPPURAM., PIN - 673638 ``` - **`4 ABDUL VAHID`** - **`AGED 27 YEARS, S/O. MUHAMMED, NARANGATTU HOUSE, PALLIKKAL, KARIPPUR P.O., MALAPPURAM., PIN - 673638`** - **`5 ASLAM SAJAD`** - **`AGED 33 YEARS, S/O. AHAMMED KABEER, MANNARAKKAL HOUSE, KUMMINIPARAMBU, MATHAMKULAM, KARIPPUR P.O., MALAPPURAM., PIN - 673638`** ``` BY ADVS. ``` ``` K K DHEERENDRAKRISHNAN ``` ## **`N P ASHA`** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.11.2023, ALONG WITH Crl.MC.9903/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 5 ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` **P.V.KUNHIKRISHNAN, J. -------------------------------Crl.M.C. Nos.9903 & 9927 of 2023 ----------------------------------------------Dated this the 27[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, 1973 (“the Code” for the sake of brevity). 2. These Criminal Miscellaneous Cases are connected. Therefore, I am disposing of these cases by a common order. 3. The petitioners in Crl.MC. No.9903/2023 are the accused in C.C.No.857/2023 on the file of Judicial First Class Magistrate Court-I, Manjeri arising from Crime No.280/2023 of Karipur Police Station, Malappuram District and the petitioners in Crl.MC. No.9927/2023 are the accused in C.C.No.846/2023 on 6 ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` the file of Judicial First Class Magistrate Court-I, Manjeri arising from Crime No.282/2023 of Karipur Police Station, Malappuram District. It is submitted that these are case and counter case and both sides have no grievance against each other. 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 affidavit 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 7 ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` 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 affidavit filed by the victims. 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 ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` 8 ## 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 the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` 9 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 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 ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` **==> picture [13 x 10] intentionally omitted <==** 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. 1. Crl.MC No.9903 of 2023 is allowed. All further proceedings against the petitioners in C.C.No.857/2023 on the file of Judicial First Class Magistrate Court-I, Manjeri arising from Crime No.280/2023 of Karipur Police Station, Malappuram District are quashed. ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` **==> picture [13 x 9] intentionally omitted <==** 2. Crl.MC No.9927 of 2023 is allowed. All further proceedings against the petitioners in C.C.No.846/2023 on the file of Judicial First Class Magistrate Court-I, Manjeri arising from Crime No.282/2023 of Karipur Police Station, Malappuram District are quashed. Sd/- nvj **P.V.KUNHIKRISHNAN JUDGE** ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` 12 ## **`APPENDIX OF CRL.MC 9927/2023`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE-ICERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 282/2023 OF KARIPPUR POLICE STATION, MALAPPURAM. ANNEXURE-IIAFFIDAVIT DATED 17.11.2023 SWORN BY THE RESPONDENT NO. 2 BEFORE NOTARY PUBLIC. ANNEXURE-IIIAFFIDAVIT DATED 17.11.2023 SWORN BY THE RESPONDENT NO. 3 BEFORE NOTARY PUBLIC. ANNEXURE-IVAFFIDAVIT DATED 17.11.2023 SWORN BY THE RESPONDENT NO. 4 BEFORE NOTARY PUBLIC. ANNEXURE-VAFFIDAVIT DATED 17.11.2023 SWORN BY THE RESPONDENT NO. 5 BEFORE NOTARY PUBLIC. ``` ``` CRL. M.C. NOS.9903 & 9927 OF 2023 ``` 13 ## **`APPENDIX OF CRL.MC 9903/2023`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE-ICERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 280/2023 OF KARIPPUR POLICE STATION, MALAPPURAM ANNEXURE -IIAFFIDAVIT DATED 11.11.2023 SWORN BY THE RESPONDENT NO. 2 BEFORE NOTARY PUBLIC ANNEXURE-IIIAFFIDAVIT DATED 11.11.2023 SWORN BY THE RESPONDENT NO. 3 BEFORE NOTARY PUBLIC ``` RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE