Crl.M.C. No. 1452 of 2013

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 8TH DAY OF APRIL 2013/18TH CHAITHRA 1935 Crl.MC.No. 1452 of 2013 () --------------------------- CRIME NO. 2588/2012 OF KALAMASSERY POLICE STATION, ERNAKULAM PETITIONER(S)/ACCUSED 1-5: ---------------------------------- ## 1.RAHUL KUMAR - S/O.JAY BHADOOR,AGED 21 YEARS, NARAYANPUR VILLAGE NAVADHA POLICE STATION, BHOJPUR DISTRICT, BIHAR STATE NOW RESIDING AT NADUPARAMBIL JOSEPH'S HOUSE NEAR HMT COLONY POST OFFICE, KALAMASSERY. - 2.RAJKISHORE KUMAR, AGED 22 YEARS - S/O.MOTHILAL DAS, VATTORA MALIYA TOLA VILLAGE MUFASIL POLICE STATION, EAST CHAMBARAN DISTRICT BIHAR STATE, NOW RESIDING AT NADUPARAMBIL JOSEPH'S HOUSE NEAR HMT COLONY POST OFFICE, KALAMASSERY. - 3.BRAJ RAJ KUMAR, AGED 22 YEARS - S/O.DR.JAYAKANTH JHA, MAUTAGANI NEW ROAD - RAM SAGAR TANK, BEHIND OF RAJA BABU, K.A.DWAKHANA GAYA, BIHAR STATE NOW RESIDING AT NADUPARAMBIL JOSEPH'S HOUSE NEAR HMT COLONY POST OFFICE, KALAMASSERY. - 4.SUSHIL KUMAR, AGED 22 YEARS S/O.KAMESHWAR SINGH, PAVITHA APPARTMENT FLAT NO.301 GARDHANI BAGH, DVC ROAD, YARPUR - NOW RESIDING AT NADUPARAMBIL JOSEPH'S HOUSE NEAR HMT COLONY POST OFFICE, KALAMASSERY. - 5.PRITHAM SINGH, AGED 22 YEARS - S/O.GOUTHAMJEE SINGH, Q1.NO.1248/A, MANAS NAGAR COLONY MUGHAR SARAL, CHANDUIL, U.P. NOW RESIDING AT NADUPARAMBIL JOSEPH'S HOUSE NEAR HMT COLONY POST OFFICE, KALAMASSERY. ## BY ADV. SMT.MEREENA J. JOSEPH RESPONDENTS/STATE & DE-FACTO COMPLAINANT: --------------------------------------------------------- ## 1.STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. - 2.ANIRUDH KUMAR S/O.INDRANARAYANA YADAV, H.NO.36 CHAMBA NAGAR PANCHAYATH, THALHA VILLAGE RAGHAVAPUR GRAMAM, SUPOR DISTRICT, BIHAR STATE NOW RESIDING AT NEDUPARAMBIL JOSEPH'S HOUSE NEAR HMT COLONY POST OFFICE, KALAMASSERY PIN-682021. R2 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.1452/13 ## APPENDIX PETITIONERS' EXHIBITS: ANNEXURE-A1:TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.2588/2012 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT. ANNEXURE A2:AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT. RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A.TO JUDGE ## **C.T. RAVIKUMAR, J. ========================== CRL.M.C. No.1452 OF 2013 ==========================** Dated this the 8[th] day of April, 2013 ## **ORDER** The petitioners are accused in crime No.2588 of 2012 of Kalamassery Police Station registered alleging commission of offences under sections 143, 144, 147, 148, 452, 341, 323, 324 and 308 read with section 149 of the Indian Penal Code. The petitioners and the second respondent were B Tech. students in the Cochin University of Science and Technology, Kalamassery. The gist of the prosecution case is that on 18.12.2012 at about 1.10 a.m, the accused/petitioners herein formed themselves into an unlawful assembly with dangerous weapons and in prosecution of their common object trespassed into the rented house of the second respondent/defacto complainant and the fourth accused/fourth petitioner wrongfully restrained the defacto complainant, the fifth accused/fifth respondent beat him with hands, the second accused/ the second petitioner beat him with PVC pipe, the third accused/third **Crl.M.C.1452/13** 2 petitioner stabbed him with a kitchen knife on his left ankle and the first accused/first petitioner hammered the defacto complainant with a wooden log upon his head with an intention to cause his death. The alleged motive is the enmity towards the second respondent on account of his refusal to give his bike to the petitioners to go for drinking intoxicant. At the instance of the second respondent, the aforesaid crime was registered and Annexure-A1 is the FIR registered thereon. Now, all the petitioners as also the second respondent had completed their course and they have left the institution. Having found that the continuance of proceedings against the petitioners would hamper their professional prospects, the defacto complainant thought it fit to settle the matter with the petitioners and on his own volition they settled and compromised the entire disputes. AnnexureA2 is the affidavit sworn in by the second respondent/defacto complainant in that regard. This petition has been filed seeking quashment of Annexure-A1 FIR in the aforesaid crime on the strength of Annexure-A2 affidavit which reveals the factum of settlement of the lis that led to the registration of the aforesaid crime, by the second respondent with the petitioners. Taking into account the seriousness **Crl.M.C.1452/13** 3 of the nature of the allegations leveled against the petitioners, this Court directed for the appearance of the second respondent/defcto complainant. The second respondent appeared in person and he was identified by his counsel. It is stated that it was on his own volition that he settled and compromised the matter and he fully endorsed the facts stated in Annexure-A2 as true and correct. It is stated that he wanted to settle the lis that led to the registration of the aforesaid crime with a view to bring about and maintain friendliness among himself and the petitioners. 2. I have heard the learned counsel for the petitioners, learned counsel for the second respondent and also the learned Public Prosecution. 3. Evidently, it is an incident that occurred during the collegiate days of the petitioners and the second respondent that led to the registration of the aforesaid crime. Now, the petitioners and the second respondent who were students of the Cochin University of Science and Technology, Kalamassery have completed their studies **Crl.M.C.1452/13** 4 and they left their institution. Evidently, the second respondent who was wrongfully restrained and sustained injuries at the hands of the petitioners decided to settle the matter and infact, settled the entire lis that led to the registration of the aforesaid crime with the petitioners herein who are the accused in the aforesaid crime. As noticed earlier, the petitioners are allegedly committed offences punishable under sections 143, 144, 147, 148, 452, 341, 323, 324 and 308 r/w section 149 IPC. The offences punishable under sections 452, 341 and 323 are compoundable in terms of the provisions under section 320 of the Code of Criminal Procedure. True that the rest of the offences allegedly committed are non-compoundable under the said provision. However, in the decision in **B.S.Joshi v. State of Haryana [2003(2) KLT 1062 SC],** the Hon'ble Apex Court held that the provisions under section 320, Cr.P.C would not and could not limit the exercise of inherent power by the High Courts under section 482, Cr.P.C, in appropriate cases. In this instant case, the victim and the offenders have settled and compromised the entire disputes and in AnnexureA2, the defacto complainant against whom the aforesaid offences were committed, stated to the effect that the petitioners were his **Crl.M.C.1452/13** 5 friends and a personal altercation resulted in the issue that led to the registration of the aforesaid crime. It is stated therein that he does not wish to prosecute the petitioners and got no objection in quashing the FIR in crime No.2588 of 2012 of Kalamassery Police Station. In the said circumstances, I am of the view that the chance for a successful prosecution even if the proceedings are compelled to be continued against the petitioners is very remote and bleak. Such continuation, even if compelled, would result in a wasteful exercise. Considering the totality of the circumstances obtained in this case, I am of the view that it is only appropriate to terminate the proceedings against the petitioners on the basis of Annexure-A1 FIR registered in crime No.2588 of 2012 of Kalamassery Police Station. In the result, this Crl.M.C is allowed. Annexure-A1 FIR registered in crime No.2588 of 2012 of Kalamassery Police Station against the petitioners herein and all further proceedings on its basis are hereby quashed. **Sd/C.T. RAVIKUMAR (JUDGE)** ## **spc/** **Crl.M.C.1452/13** 6 **C.T. RAVIKUMAR, J.** **Crl.M.C.1452/13** 7 **JUDGMENT September, 2010**