CRL.M.C. No. 8165 of 2023 (Petitioners/Accused Nos.1 to 10 v. State of Kerala and Others)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 ``` ``` CRL.MC NO. 8165 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT CC 178/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM ``` ``` PETITIONERS/ACCUSED NOS.1 TO 10: ``` - **`1 BIJU AGED 49 YEARS, SWAPNAM VEEDU, KUTTICHIRA, PEROOR, KOTTANKARA, KOLLAM DISTRICT, PIN - 691577`** - **`2 BYJU AGED 49 YEARS, PRANAYAM VEEDU, DECENT MUKK, THRIKKOVILVATTOM, KOLLAM DISTRICT, PIN - 691577`** - **`3 MAHESH AGED 35 YEARS, SHANTHA NIVAS, PALLITHOTTAM, KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN - 691006`** - **`4 THUSHAR AGED 33 YEARS, SHANMUGHA MANDHIRAM, VALATHUNGAL, IRAVIPURAM, KOLLAM DISTRICT, PIN - 691011`** - **`5 SUDHI AGED 29 YEARS, PUSHPA MANDHIRAM, THATTARKONAM, THRIKKOVILVATTOM, KOLLAM DISTRICT, PIN - 691005`** - **`6 JITHIN AGED 25 YEARS, SAVIDHAM VEEDU, PULIYILA, PALLIMON, KOLLAM DISTRICT, PIN - 691576`** - **`7 REJU AGED 40 YEARS, PARAKUDI VEEDU, KUNNUVAROM, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695101`** ``` CRL. M.C. NO.8165 OF 2023 ``` 2 ## **`8 VISHNU AGED 30 YEARS, SHANMUGHA MANDHIRAM, VALATHUNGAL, IRAVIPURAM, KOLLAM DISTRICT, PIN - 691011`** - **`9 DARSHANAN`** ``` AGED 33 YEARS, KARTHIKA NIVAS, PALLITHOTTAM, KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN - 691006 ``` - **`10 SINU`** ``` AGED 44 YEARS, S/O PRABHAKARAN, THIRUVATHIRA VEEDU, KAUMUDHI NAGAR, PALLITHOTTAM, KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN - 691006 ``` ``` BY ADVS. VISHNUMAYA M.B. V.JOHN SEBASTIAN RALPH ``` ## **`RESPONDENTS/COMPLAINANTS:`** - **`1 STATE OF KERALA`** ``` REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` - **`2 ANIL KUMAR`** - **`AGED 48 YEARS, SREEBHAVNAM (H),`** ``` THEKKEVEETTIL JUNCTION, VADAKKECHERI, PANAYAM P.O, KOLLAM DISTRICT, PIN - 691601 ``` - **`3 M.A. ANIL KUMAR`** - **`AGED 49 YEARS, ANITHABHAVANAM (H),`** ``` CHITTAYAMCHERRIYIL, PANAYAM P.O, KOLLAM DISTRICT, PIN - 691601 ``` - **`4 SAI BHASKAR`** ``` CRL. M.C. NO.8165 OF 2023 ``` 3 ``` AGED 46 YEARS, S/O BHASKARAN, KARTHIKA (H) THRIKKADAVOOR P.O, KOLLAM DISTRICT, PIN - 691601 ``` - **`5 DINAKUMAR`** ``` AGED 36 YEARS, S/O ARAVINDAKSHAN, KALLUVATHAZHIL (H), KOTTATHALAMURI, MAILAM P.O,KOLLAM DISTRICT, PIN - 691560 ``` ## **`BY ADVS.`** ## **`ROSHAN SHAH S.`** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 4 ``` CRL. M.C. NO.8165 OF 2023 ``` **P.V.KUNHIKRISHNAN, J. -------------------------------Crl.M.C. No.8165 of 2023 ---------------------------------------------Dated this the 25[th] day of October, 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. The petitioners are the accused in C.C. No.178/2019 on the file of Judicial First Class Magistrate Court – I, Kollam arising from Crime No.47/2019 of Anchalummoodu Police Station, Kollam. The above case is registered against the petitioners alleging offences punishable under Sections 341, 294(B), 323, 324, 325 r/w 34 of IPC. 5 ``` CRL. M.C. NO.8165 OF 2023 ``` 3. The prosecution case is that the accused persons wrongfully confined the victims and assaulted them using filthy language. 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 the matter is settled between the parties. 6. This Court has considered the submission of 6 ``` CRL. M.C. NO.8165 OF 2023 ``` 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 the same is extracted hereunder: “13. Considering the law on the point and the other decisions of this Court on the point, referred ``` CRL. M.C. NO.8165 OF 2023 ``` 7 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 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 ``` CRL. M.C. NO.8165 OF 2023 ``` 8 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 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.” 9 ``` CRL. M.C. NO.8165 OF 2023 ``` 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, this Criminal Miscellaneous Case is allowed. All further proceedings against the petitioners in C.C. No.178/2019 on the file of Judicial First Class Magistrate Court – I, Kollam arising from Crime No.47/2019 of Anchalummoodu Police Station, Kollam, are quashed. Sd/- nvj ## **P.V.KUNHIKRISHNAN JUDGE** ``` CRL. M.C. NO.8165 OF 2023 ``` 10 ## **`APPENDIX OF CRL.MC 8165/2023`** ``` PETITIONER ANNEXURES ANNEXURE1CERTIFIED COPY OF THE FIR DATED 13.01.19 IN CRIME NO. 47/2019 OF ANCHALUMMOOD POLICE STATION, KOLLAM ANNEXURE2CERTIFIED COPY OF THE FINAL REPORT DATED 31.01.19 IN CC 178/2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ANNEXURE3AFFIDAVIT DATED 29.07.2023 SWORN BY THE RESPONDENT NO. 2 ANNEXURE4AFFIDAVIT DATED 29.08.2023 SWORN BY THE RESPONDENT NO. 3 ANNEXURE5AFFIDAVIT DATED 02.08.2023 SWORN BY THE RESPONDENT NO. 4 ANNEXURE6AFFIDAVIT DATED 29.08.2023 SWORN BY THE RESPONDENT NO. 5 ``` RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE