Crl.M.C. No. 1656 of 2013, In the High Court of Kerala at Ernakulam

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE 12TH DAY OF APRIL 2013/22ND CHAITHRA 1935 Crl.MC.No. 1656 of 2013 () --------------------------CC 1452/2012 of J.M.F.C.,KOLENCHERRY CRIME NO. 246/2012 OF MULANTHURUTHY POLICE STATION , ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 5: ---------------------------------------- 1. ELSON N.V., S/O.VARGHESE, AGED 23 YEARS NELLIKUZHI PUTHENPURAYIL (H) ARAKKUNNAM P.O. PIN-682 313 2. BEJIN DAVID, S/O.DAVID AGED 29 YEARS, CHERACKAL HOUSE, KANJIRICKAPPILLY, ARAKKUNNAM PO, PIN-682 313 3. JISSO C.V., S/O.VARGHESE, AGED 33 YEARS CHITTETH HOUSE, PULICKAMALY PO, PAMPRA, PIN.682 314. 4. P.M. NARAYANANKUTTY, S/O.MADHAVAN, AGED 53 YEARS PANDAMKUDIYIL (H), KANJIRICKAPPILLY ARAKKUNNAM PO, PIN-682 313 5. SUDHISH P.S., S/O.SUKUMARAN, AGED 28 YEARS PANDAMKUDIYIL (H), KANJIRICKAPPILLY ARAKKUNNAM PO, PIN-682 313. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------- 1. KUNJUMOL SAMUAL, W/O.THOMAS, AGED 37 YEARS IMMANUAL COTTAGE, PAMBRA COLONY PULICKAMALI PO, MANEED VILLAGE, PIN-682 314 ERNAKULAM DT. 2. STATE OF KERALA, REPRESENTED BY THE S.I. POLICE (CRIME 246/12) MULANTHURUTHY POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.SANDHYA RAJU R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1656 of 2013 () --------------------------- ## APPENDIX PETITIONERS' EXHIBITS ---------------------------- - ANNX.I- A CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE RESPONDENT TAKEN ON THE FILE OF JFCM COURT, KOLENCHERY AS C.C.1452/2012 - ANNX.II - A PHOTOCOPY OF THE FINAL REPORT SUBMITTED BY THE RESPONDENT AGAINST CW2 BEFORE THE JUVENILE JUSTICE COURT, ERNAKULAM. ANNX.III - AFFIDAVIT SWORN BY R1 THE DEFACTO COMPLAINANT RESPONDENT(S)' EXHIBITS: NIL ------------------------------- // TRUE COPY // TKS P.S. TO JUDGE ## **C.T.RAVIKUMAR, J.** ---------------------------- Crl.M.C.No.1656 of 2013 ---------------------------Dated 12[th] April, 2013 ## **ORDER** The petitioners are accused Nos.1 to 5 in C.C.No.1452 of 2012 pending on the files of the Court of Judicial First Class Magistrate, Kolenchery arising from Crime No.246 of 2012 of Mulanthuruthy Police Station registered alleging commission of offences punishable under Sections 143, 147, 323, 326, 447 and 506(1) read with Section 149 of the Indian Penal Code. Annexure-I is the final report laid in the aforesaid crime. As per Annexure-I various overt acts were alleged against the petitioners. The case is that on 22.7.2012 at about 6.15 p.m. petitioners 1 and 2 (accused Nos.1 and 2) stopped the son of the first respondent while he was riding a motor cycle. Petitioners 1 and 2 called petitioners 3 and 5 (accused 3 and 5) and four other identifiable persons and they formed themselves into an unlawful assembly and in prosecution of their common object fisted and kicked CW2, the son of the first respondent and consequently he fell down. Thereafter, the 2[nd] petitioner (2[nd] accused) kicked him on the cheek causing a fracture on his jaw. They chased CW2. Later, while CW2 was taking rest in his house, petitioners 1, 2 and 4 (accused Nos.1, 2 & 4) entered into his house and forced CW2 to tender apology to the sister of Crl.M.C.1656/2013 2 the 2[nd] petitioner. It is also alleged that petitioners 1 and 4 entered into the house of CW2 at 8.15 p.m. and intimidated the first respondent and CWs 2 and 8 and thereby committed the aforesaid offences. The contention of the petitioners is that they had not committed the offences as alleged by the respondents and according to them some incidents happened as an aftermath of an incident in which CW2 attempted to eve tease the grown up sister of the second petitioner (2[nd] accused). In connection with the said incident, Crime No.247 of 2012 of Mulanthuruthy Police Station was registered against CW2 viz., the son of the first respondent alleging commission of offences punishable under Sections 294(b) and 506(1) of the Indian Penal Code. Annexure-II is the final report laid thereon against him and now, it is pending before the Juvenile Justice Court, Ernakulam. The contention of the petitioners is that considering the nature of allegations and gravity of offences as also future of all the parties the elderly members of the families of the petitioners and the defacto complainant with a view to sort out the entire issues, discussed and ultimately settled the matter amicably. CW1 (first respondent ) who is the mother of the minor injured CW2, thereupon, based on the settlement, sworn in Annexure-III affidavit. On the strength of Annexure-III which reveals the factum of amicable Crl.M.C.1656/2013 3 settlement of the entire lis between the first respondent, her son and the petitioners it is prayed that the entire proceedings pending against the petitioners in C.C.No.1452 of 2012 may be quashed. 2. I have heard the learned counsel for the petitioners, the learned counsel appearing for the first respondent and also the learned Government Pleader. 3. Going by the rival contentions it is evident that on certain unfortunate incidents occurred pursuant to an alleged attempt on the part of the first respondent's son (CW2) to eve tease the grown up sister of the second petitioner (2[nd] accused) and the overt acts from the part of the petitioners Crime No.246 of 2012 of Mulanthuruthy Police Station was registered against the petitioners and now, it is pending against them as C.C.No.1452 of 2012 before the Court of Judicial First Class Magistrate, Kolenchery. The allegations against the first respondent's son (CW2) resulted in registration of Crime No.247 of 2012 of Mulanthuruthy Police Station punishable under Sections 294(b) and 506(1) of the Indian Penal Code. Annexure-II final report was laid thereon before the Juvenile Justice Court, Ernakulam and it is pending Crl.M.C.1656/2013 4 there. It is specifically stated and virtually admitted by the learned counsel on both sides that in respect of the lis involved in Annexure-II as well, a settlement has been effected and the sister of the second petitioner has also amicably settled her case against the son of the first respondent and steps were also taken to move appropriate applications seeking quashment of Annexure-II. Based on the grounds of settlement of the entire issues Annexure-III affidavit sworn in by the first respondent who is the mother of CW2 was filed. CW2 is a minor. The learned counsel appearing for the first respondent submitted that the entire lis that led to the registration of Annexures-I and II have been settled amicably and fully endorsed the settlements in Annexure-III. The contentions made on behalf of the first respondent is that taking into account the future of her son who is the accused in Crime No.247 of 2012 of Mulanthuruthy Police Station and also that of the petitioners, elderly members of the concerned families as also the parties thought it fit to settle the issues amicably. As no heinous crime is alleged against the petitioners as also against the first respondent's son pursuant to the settlement the parties have decided to move appropriate petitions for quashing the concerned proceedings. In short, the learned counsel for the petitioners submitted that on the strength of Annexure-III which Crl.M.C.1656/2013 5 reveals the factum of amicable settlement of the entire lis that led to the registration of Annexure-I in the interest of justice and also to avoid a wasteful exercise in the aforementioned calendar case it is only appropriate to quash Annexure-I final report and all further proceedings pursuant thereto in C.C.No.1452 of 2012 pending on the files of the Court of Judicial First Class Magistrate, Kolenchery. Obviously, the entire lis that led to the registration of Crime No.246 of 2012 of Mulanthuruthy Police Station which is now pending as C.C.No.1452 of 2012 on the files of the Court of Judicial First Class Magistrate, Kolenchery have been amicably settled. True that a scanning of Annexure-I would reveal that certain non-compoundable offences have also been allegedly committed by the petitioners. 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 of the Code of Criminal Procedure would not limit the exercise of inherent power under Section 482 Cr.P.C. by the High Courts in appropriate cases. In view of the decision of the Hon'ble Supreme Court in **Gian Singh** v. **State of Punjab** reported in **2012 (4) KLT 108 (SC)** it would not be in the interest of justice to continue with criminal proceedings hat became absolutely unnecessary. Upon hearing the learned counsel on both sides and also perusing Annexure-III Crl.M.C.1656/2013 6 affidavit I am of the view that the case involved is purely personal in nature and at any rate it cannot be said that the parties have committed a heinous offence which could not be permitted to be settled on public interest. In that view of the matter, there cannot be any legal impediment in the light of the decisions in **B.S.Joshi's** case (supra) and **Gian Singh's** case (supra) and on the strength of Annexure-III to terminate the proceedings pending against the petitioners based on Annexure-I in the interest of justice and also to avoid wasting of the invaluable judicial time. For the foregoing reasons, I am inclined to allow this petition. Accordingly, this Crl.M.C. is allowed. Annexure-I final report and all further proceedings against the petitioners in C.C.No.1452 of 2012 pending on the files of the Court of Judicial First Class Magistrate, Kolenchery are hereby quashed. Sd/C.T.RAVIKUMAR Judge TKS