CRL.M.C. No. 7691 of 2017, High Court of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE K. BABU`** ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 CRL.MC NO. 7691 OF 2017 ``` ## **CRIME NO.1409/2017 OF Puthencruz Police Station, Ernakulam** ## **`PETITIONER/S:`** - **`1 FR. JOHN MOOLAMATTOM AGED 51 YEARS, VICAR, ST.JOHN'S ORTHODOX CHURCH, KANNIYATTUNIRAPPU.`** - **`2 BIJU C.MANI AGED 49 YEARS, S/O MANI C.A, CHERUVYPIL HOUSE, KOKKAPILLY.`** - **`3 BIJO PAUL AGED 38 YEARS, S/O PAULOSE E.M, EDAPPILLY MATTATHIL HOUSE, THIRUVANIYOOR.`** - **`4 VARGHESE M.T AGED 60 YEARS, S/O THOMAS, MANGARATHIL HOUSE, KUZHIYARA.`** - **`5 SANIO JOHNY AGED 25 YEARS, S/O JOHNY O.V, OOMELIL HOUSE, KOKKAPILLY.`** - **`6 ALEXANDER A.S AGED 51 YEARS, S/O JOHNY O.V, OOMELIL HOUSE, KOKKAPILLY.`** - **`7 GREGORY MATHEW AGED 25 YEARS, S/O JOY M.M, MENGOTTIL HOUSE, KUZHIYARA.`** - **`8 ABRAHAM PY. S/O YOHANNAN, AGED 59 YEARS, KOCHUKOKKATT HOUSE, KUZHIYARA.`** - **`9 BIJU PAUL AGED 43 YEARS, S/O PAULOSE, MADALIN HOUSE, KOKKAPPILLY.`** - **`10 JENIX JOSE AGED 23 YEARS, S/O JOSE, VALLIKUNNATHU HOUSE, KUZHIYARA.`** - **`11 SHIBI V.V AGED 47 YEARS, S/O VARGHESE, VEMBILLI MATTATHIL HOUSE,CHEMMANAD.`** - **`12 ANOOP GEORGE`** Crl.M.C.,No.7691 of 2017 ..2.. ``` S/O GEORGE, AGED 35 YEARS, KARAKKATT HOUSE,KUZHIYARA. ``` - **`13 JEVIN T. VARGHESE AGED 30 YEARS, S/O VARGHESE T.Y, THATTUPARAMBIL HOUSE,THIRUVANIYOOR.`** - **`14 BENNY IYPE AGED 53 YEARS, S/O IYPE, VEMBILLIMATTATHIL HOUSE,CHEMMANAD.`** - **`15 AVARACHAN AGED 56 YEARS, S/O SHEEMAN, ARACKKAL HOUSE, KUZHIYARA.`** - **`16 SCARIA T.V AGED 53 YEARS, S/O VARKEY, THATTUPARAMBIL HOUSE, THIRUVANIYOOR.`** - **`17 THANKACHAN C.A AGED 52 YEARS, S/O THOMAS, CHIRAPATT HOUSE, KANAVANNUR.`** - **`18 BENNY PAUL AGED 51 YEARS, S/O PAULOSE, EDAPPILLYMATTATHIL HOUSE,THIRUVANIYOOR.`** - **`19 BASIN ALEX AGED 22 YEARS, S/O ALEXANDER A.S, ARAKKAL HOUSE, KUZHIYARA.`** - **`20 JOHN V.G AGED 60 YEARS, S/O GEEVARGHESE, VAZHAKKALAYIL HOUSE,KANAYANNUR.`** - **`21 SANTHOSH BABU AGED 25 YEARS, S/O BABU A.P, ADOOKATTIL HOUSE, KUZHIYARA.`** - **`22 YACOB K.M AGED 57 YEARS, S/O MANI, KOLLEENAN HOUSE, KUZHIYARA.`** - **`23 BINU C MANI AGED 43 YEARS, S/O MANI, CHERUVYPIL HOUSE, KOKKAPPILLY.`** - **`24 SAJU T.J S/O JOHN, AGED 58 YEARS, THACHETHU HOUSE, KOKKAPPILLI.`** - **`25 THAMPI K.A AGED 61 YEARS, S/O ABRAHAM, KUPPAYIL HOUSE,THIRUVANIYOOR.`** Crl.M.C.,No.7691 of 2017 ..3.. - **`26 ANEESH THAMPI S/O THAMPI K.A, AGED 29 YEARS, KUPPAYIL HOUSE, THIRUVANIYOOR.`** - **`27 JOSE JOSEPH AGED 48 YEARS, S/O JOSEPH, VEMBILLIMATTATHIL HOUSE,CHEMMANAD.`** - **`28 BIJU VV.`** - **`S/O YOHANNAN, AGED 40 YEARS, VEMBILLIMATTATHIL HOUSE,CHEMMANAD.`** - **`29 BABU P.Y S/O YOHANNAN, AGED 56 YEARS, PERUMBATT HOUSE,KOKKAPPILLY.`** - **`30 SABU THOMAS S/O THOMAS, AGED 43 YEARS, MANGALATH HOUSE, THIRUVANIYOOR.`** - **`31 JOHN N.V AGED 55 YEARS, S/O VARGHESE, NADUMOLEYIL HOUSE, THIRUVANIYOOR.`** - **`32 JOSE P.O AGED 56 YEARS, S/O OUSEPH, PAMPOTTIN HOUSE, KUZHIYARA.`** - **`BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.R.GITHESH SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA`** ## **`RESPONDENT/S:`** - **`1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.`** - **`2 P.M.JOY S/O MANI, AGED 55 YEARS, PADINJARAKUDIL HOUSE,KOKKAPILLY KARA, THIRUVANIYOOR VILLAGE.`** - **`R1 BY PUBLIC PROSECUTOR SRI G SUDHEER BY ADV SRI.MATHEW KURIAKOSE`** Crl.M.C.,No.7691 of 2017 **==> picture [20 x 8] intentionally omitted <==** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.,No.7691 of 2017 **==> picture [20 x 8] intentionally omitted <==** ## **K.BABU, J.** -------------------------------------Crl.M.C.No.7691 of 2017 --------------------------------------Dated this the 9[th] day of April, 2024 ## **O R D E R** The prayer in this Crl.M.C. is to quash Annexure -Q Final Report in Crime No. 1409/2017 of Puthencruz Police Station and all further proceedings pursuant to it on the ground that the parties have arrived at a settlement in respect of the subject matter. 2. The petitioners are accused Nos. 1 to 17, 19 to 28, 30 and 32 to 35. 3. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 294(5), 506(2) and 149 I.P.C. 4. Respondent No.2 entered appearance through counsel. The affidavit sworn to by him has also been placed before this Court. Crl.M.C.,No.7691 of 2017 **==> picture [20 x 8] intentionally omitted <==** ## 5. Heard both sides. 6. I have perused the averments in the petition and the affidavit sworn to by respondent No 2. 7. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating Officer, who has taken the statement of the victim, and it is reported that the dispute between the parties has been amicably settled. The material placed before the Court shows that the entire dispute between the parties has been amicably settled and the defacto complainant has decided not to proceed further. The settlement between the parties is found to be voluntary and fair. The settlement or the compromise satisfies the conscience of the Court. It is seen that the victim agreed to settle the matter with his free will. 8. In **Gian Singh** v. **State of Punjab [2012 (4) KLT 108 (SC)]** , **Narinder Singh and others v. State of Punjab and Others [(2014) 6 SCC 466]** and **State of Madhya Pradesh v. Laxmi Narayan and Others** Crl.M.C.,No.7691 of 2017 ..7.. **[(2019) 5 SCC 688]** the Apex Court held that the High Court, invoking Section 482 of Cr.P.C., can quash criminal proceedings in relation to non-compoundable offences, where the parties have settled the matter between themselves notwithstanding the bar under Section 320 of Cr.P.C., if it is warranted in the given facts and circumstances of the case, to ensure ends of justice or to prevent abuse of the process of any Court. 9. In the instant case, the dispute is purely personal in nature. There is nothing to show that public interest will be compromised by quashing the proceedings. The offences in question do not fall within the category of serious offences or heinous offences. 10. The offences in the present case do not fall within the category of offences prohibited for granting permission to compromise in terms of the pronouncement of the Apex Court in **Gian Singh** (supra), **Narinder Singh** (supra) and **Laxmi Narayan** (supra). Crl.M.C.,No.7691 of 2017 **==> picture [20 x 8] intentionally omitted <==** 11. This Court is of the view that no purpose will be served in proceeding with the matter further. Resultantly, the Crl.M.C is allowed. Annexure-Q Final Report in Crime No. 1409/2017 of Puthencruz Police Station and all further proceedings pursuant to it stand hereby quashed. Sd/- **K.BABU JUDGE** kkj Crl.M.C.,No.7691 of 2017 ..9.. ## **`APPENDIX OF CRL.MC 7691/2017`** |**`PETITIONER`**|**`ANNEXURES`**| |---|---| |**`ANNEXURE A`**|**`CERTIFIED COPY OF F.I.R NO.1409/2017`**| ||**`OF PUTHENCRUZ POLICE STATION.`**| |**`ANNEXURE B`**|**`TRUE COPY OF COMPLAINT DATED 13.8.2017`**| ||**`FILED BY THE 2ND RESPONDENT BEFORE THE`**| ||**`CIRCLE INSPECTOR OF POLICE, PUTHENCRUZ`**| ||**`POLICE STATION.`**| |**`ANNEXURE C`**|**`TRUE COPY OF JUDGMENT IN O.S`**| ||**`NO.35/2000 DT.20.12.2012 OF 1ST`**| ||**`ADDITIONAL DISTRICT COURT, ERNAKULAM.`**| |**`ANNEXURE D`**|**`TRUE COPY OF JUDGMENT IN WP(C)`**| ||**`NO.3497/2005 DTD.13.10.2005 OF THIS`**| ||**`HON'BLE COURT.`**| |**`ANNEXURE E`**|**`TRUE COPY OF ORDER IN S.L.P(C)`**| ||**`NO.23419/2005 DTD. 25.11.2005 OF`**| ||**`HON'BLE SUPREME COURT .`**| |**`ANNEXURE F`**|**`TRUE COPY OF ORDER IN C.M.A NO.3 OF`**| ||**`2001 DATED 16.2.2001 OF THIS HON'BLE`**| ||**`COURT.`**| |**`ANNEXURE G`**|**`TRUE COPY OF ORDER DATED 18.11.2002 IN`**| ||**`C.C.C NO.868/2002 OF THIS HON'BLE`**| ||**`COURT.`**| |**`ANNEXURE H`**|**`TRUE COPY OF ORDER IN CIVIL APPEAL`**| ||**`NO.8478/2012 DATED 18.7.2017 OF THE`**| ||**`HON'BLE SUPREME COURT.PARTY NAME &`**| ||**`ADDRESS`**| |**`ANNEXURE I`**|**`TRUE COPY OF COMPLAINT AS C.M.P`**| ||**`NO.1074/2014 FILED BY THE 2ND`**| ||**`RESPONDENT BEFORE THE JUDICIAL FIRST`**| ||**`CLASS MAGISTRATE COURT, KOLENCHERY.`**| |**`ANNEXURE J`**|**`TRUE COPY OF THE FINAL REPORT IN C.C`**| ||**`NO.1892 OF 2014 SUBMITTED BY THE`**| ||**`POLICE BEFORE THE JUDICIAL FIRST CLASS`**| ||**`MAGISTRATE COURT, KOLENCHERY.`**| |**`ANNEXURE K`**|**`TRUE COPY OF COMPLAINT AS C.M.P`**| Crl.M.C.,No.7691 of 2017 ..10.. ``` NO.672/2014 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY. ANNEXURE LTRUE COPY OF THE FINAL REPORT IN FIR NO.1344/2014 DATED 01.10.2014. ANNEXURE MTRUE COPY OF THE COMPLAINT AS C.M.P NO.523 OF 2014 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY. ANNEXURE NTRUE COPY OF THE FINAL REPORT IN F.I.R NO.303/2014 DATED 7.3.2014 SUBMITTED BY THE POLICE BEFORE THE JUDICIAL FIRSTCLASSMAGISTRATECOURT, KOLENCHERY. ANNEXURE OTRUE COPY OF COMPLAINT DATED 22.9.2017 FILED BEFORE THE S.H.O PUTHENCRUZ POLICE STATION. ANNEXURE PTRUE COPY OF PHOTOGRAPHS SHOWING THE DESTRUCTION OF LOCK OF LOCK OF KITCHEN BY THE 2ND RESPONDENT AND OTHERS. ANNEXURE Q TRUE COPY OF FINAL REPORT WITH DATE 05.11.2017 FILED ON 13.11.2007 IN FIR NO.1409/2017 OF PUTHENCRUZ POLICE STATION ```