Crl.M.C. No. 7810 of 2016

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938** ## **Crl.MC.No. 7810 of 2016 ()** **---------------------------** **AGAINST THE ORDER IN SC 639/2013 of II ADDL SESSIONS COURT,PALAKKAD CRIME NO. 364/2009 OF OTTAPALAM POLICE STATION , PALAKKAD** ## **PETITIONERS/ACCUSED 1 TO 9:** **----------------------------** **1. AMJATH @ AMJATHKHAN AGED 29 YEARS, S/O.BASHEER MOHAMMED, MANGALAMPARAMBIL HOUSE, AKALOOR, KAYALPALLA, OTTAPALAM, PALAKKAD.** **2. AYUB AGED 28 YEARS, ABOOBACKER, PERUMPARAMBIL HOUSE, PERUR PATHIRIPALA, PALAKKAD.** **3. MONU @ MUSTHAFA AGED 28 YEARS, S/O.ABHULKHADER, PERUMPARAMBIL HOUSE, PERUR PATHIRIPALAM, PALAKKAD.** ## **4. ABHDUL RAHIMAN** **AGED 37 YEARS, S/O.MOHAMMED, MANGALAMPARAMBIL HOUSE, KAYALVALLAM, PATHIRIPALA, PALAKKAD.** ## **5. RAHIM** **AGED 33 YEARS, S/O.HAMSA, KIZHAKEPEDIACKAL HOUSE, PERUR PATHIRIPALA, PALAKKAD.** **6. ABHDUL SALIF @ JAFAR AGED 32 YEARS, S/O.KUMJUBHAVA, MALIACKAL HOUSE, MANGURUSSY, MANGARA, PALAKKAD.** ## **7. ABOOBACKER** **AGED 39 YEARS, S/O.ABDHUL RAHIMAN, KARIATTUPARAMBIL HOUSE, EAST OTTAPALAM, PALAKKAD.** ## **8. MOHAMMEDALI** **AGED 36 YEARS, S/O.MOHAMMEDKUTTY,** **APPAKANDATHIL HOUSE, EAST OTTAPALAM, PALAKKAD.** ## **9. USMAN** **AGED 33 YEARS, S/O.HYDRUPPA, YARATHINGAL HOUSE, KAYALVALLA, AKALOOR, PALAKKAD.** ## **BY ADV. SRI.M.L.SURESH KUMAR** ## **RESPONDENTS/STATE:** **--------------------** **1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.** ## **2. JAYAN** **AGED 30 YEARS, S/O.VELAYUDHAN, PALLATHKOLKATTIL HOUSE, AKALUR, PATHIRIPALA, PALAKKAD-679 302.** **R2 BY ADV. SRI.A.R.GANGADAS BY PUBLIC PROSECUTOR SRI.T.R.RENJITH** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-122016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Crl.MC.No. 7810 of 2016 ()** **---------------------------** ## **APPENDIX** ## **PETITIONER(S)'ANNEXURES** **----------------------ANNEXURE A : A TRUE COPY OF THE FINAL REPORT IN CRIME NO.364/2009 IN SC 639/2013 OF 2ND ADDL. SESSIONS COURT, PALAKKAD. ANNEXURE B : THE TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.** **RESPONDENT(S)' ANNEXURES** **----------------------------------------** ## **NIL** **/TRUE COPY/** **VPS PS TO JUDGE** ## **RAJA VIJAYARAGHAVAN.V, J ---------------------------------------Crl.M.C. No. 7810 of 2016** ## **----------------------------------------Dated this the 1[st] day of December, 2016** ## **O R D E R** - 1.This petition is filed under S.482 of the Code of Criminal Procedure (hereinafter referred to as the Code) with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings. - 2.The petitioners herein are the accused Nos.1 to 9 in S.C. No.639 of 2013 on the file of II Additional Sessions Court, Palakkad. They stand indicted under sections 143, 147, 148, 342, 324, 308, 427, 153(A) read with Section 34 of the IPC. 3. The prosecution allegation is that on 4.6.2009 at 7.30 p.m., the petitioners herein formed themselves into an unlawful assembly and in prosecution of their common object wrongfully restrained the 2[nd] respondent and 2 Crl.M.C.7810/2016 assaulted him with weapons causing injuries. - 4.Heard the submissions advanced. - 5.The learned counsel appearing for the 2[nd] respondent submits that the dispute between the parties has been amicably resolved. Attention of this Court is invited to the affidavit filed by him to buttress his submission. It is urged that the dispute is purely personal in nature and would not affect public peace or tranquility. Summing up it is prayed that the criminal proceedings be terminated to promote peace and harmony. - 6.The learned Public Prosecutor after getting instructions has expressed his reservations in the matter of quashing the proceedings on the basis of settlement. It is submitted that the invocation of powers under Section 482 of the Code in a case of this nature is not warranted. However, it is submitted that no other cases are reported against the petitioners. - 7.I have considered the submissions . Crl.M.C.7810/2016 3 ## 8.In **Gian singh v. State of Punjab (2012) 10 SCC 303** Apex Court has laid down that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. It was observed as follows : _“61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.”_ 9.The aforesaid dictum stands reiterated by the Apex Court ## in **Narinder singh v. State of Punjab. (2014) 6 SCC** **466,** the pertinent observations which are as under: _XXXXXXXXXXXX_ _29.2. When the parties have reached the settlement and on that basis_ Crl.M.C.7810/2016 4 _petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:_ _(i) ends of justice, or_ _(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives._ _xxxxxxx_ _xxxxxxx_ 10.The offence committed by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society. It is felt that quashing of proceedings on account of compromise would bring about peace and secure the ends of justice. Even otherwise, persisting with the prosecution would be nothing but a waste of time as the prospects of conviction would be bleak. 11.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of 5 Crl.M.C.7810/2016 the Code to quash the proceedings. In the result, this petition will stand allowed. Annexure-A final report and all proceedings pursuant thereto against the petitioners now pending as S.C. No.639 of 2013 on the file of II[nd] Additional Sessions Court, Palakkad are quashed. **Sd/RAJA VIJAYARAGHAVAN.V. JUDGE** vps