CRL.MC NO. 954 OF 2025

``` CRL.MC NO. 954 OF 2025 ``` ``` 2025:KER:25913 ``` ``` 1 ``` **==> picture [58 x 57] intentionally omitted <==** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` TUESDAY, THE 25[TH] DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 ``` **==> picture [160 x 9] intentionally omitted <==** ``` CRIME NO.1291/2024 OF Nedumkandam Police Station, Idukki ``` ## `PETITIONERS/ACCUSED 1 TO 10:` ``` 1ABDUL SHUKOOR @ MUHAMMED ABDUL SHUKOOR AGED 38 YEARS S/O ABDUL KAREEM PARALI HOUSE, MUTTOM METRO STATION, THAIKKATTUKARA P.O CHOORNIKKARA, ERNAKULAM., PIN - 683506 ``` ``` 2SHIHAB, AGED 38 YEARS S/O HAMSA, AGED 38 YEARS PARALI HOUSE, MUTTOM METRO STATION THAIKKATTUKARA P.O, CHOORNIKKARA ERNAKULAM DISTRICT , KERALA., PIN - 683506 ``` ``` 3MAFIDA, AGED 34 YEARS D/O KOCHUNNI, PARALI HOUSE, MUTTOM METRO STATION, THAIKKATTUKARA P.O, CHOORNIKKARA ERNAKULAM DISTRICT , KERALA., PIN - 683506 ``` ``` 4ZEENATH A.A AGED 50 YEARS D/O KHADAR, PARALI HOUSE, MUTTOM METRO STATION THAIKKATTUKARA P.O, CHOORNIKKARA ERNAKULAM DISTRICT , KERALA., PIN - 683506 5SALEEM, AGED 51 YEARS S/O ABDU, PARALI HOUSE, MUTTOM METRO STATION THAIKKATTUKARA P.O, CHOORNIKKARA ERNAKULAM DISTRICT , KERALA., PIN - 683506 ``` ``` CRL.MC NO. 954 OF 2025 ``` ``` 2 ``` ``` 2025:KER:25913 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 6SHAILAJA, AGED 45 YEARS D/O KUTTY, PARALI HOUSE, MUTTOM METRO STATION, THAIKKATTUKARA P.O, CHOORNIKKARA ERNAKULAM DISTRICT , KERALA., PIN - 683506 ``` ``` 7MUHAMMAD SHAMEER, AGED 34 YEARS S/O ABDUL KAREEM PARALI HOUSE MUTTOM METRO STATION, THAIKKATTUKARA P.O CHOORNIKKARA, ERNAKULAM., PIN - 683506 ``` ``` 8KABEER, AGED 50 YEARS S/O ABDU, PARALI HOUSE, MUTTOM METRO STATION THAIKKATTUKARA P.O, CHOORNIKKARA ERNAKULAM DISTRICT., PIN - 683506 ``` ``` 9NAZEER, AGED 47 YEARS S/O SAYEDU P. M PARALI HOUSE MUTTOM METRO STATION, THAIKKATTUKARA P.O CHOORNIKKARA, ERNAKULAM., PIN - 683506 ``` ``` 10ANSAR AGED 53 YEARS S/O SAYEDU P.M, PARALI HOUSE MUTTOM METRO STATION, THAIKKATTUKARA P.O CHOORNIKKARA, ERNAKULAM., PIN - 683506 ``` ## `BY ADV SHIRAS ALIYAR` ## `RESPONDENTS/STATE AND DEFACTO COMPLAINANT:` ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2THE STATION HOUSE OFFICER NEDUMKANDAM POLICE STATION, NEDUMKANDAM PO, IDUKKI ``` ``` CRL.MC NO. 954 OF 2025 ``` ``` 3 ``` ``` 2025:KER:25913 ``` **==> picture [58 x 57] intentionally omitted <==** ``` DISTRICT., PIN - 685553 3SARATH, AGED 34 YEARS S/O VIJAYAN, RAMAKKALMEDU P.O, PARATHODU, IDUKKI, KERALA., PIN - 685553 4VIJAYAN, AGED 58 YEARS RAMAKKALMEDU P.O, PARATHODU, IDUKKI, KERALA., PIN - 685553 5VIJESH, AGED 30 YEARS S/O VIJAYAN, RAMAKKALMEDU P.O, PARATHODU, IDUKKI, KERALA., PIN - 685553 6SHOBANA, AGED 56 YEARS W/O VIJAYAN, RAMAKKALMEDU P.O, PARATHODU, IDUKKI, KERALA., PIN - 685553 SRI. E.C. BINEESH (PP) SRI.SURESH P.K ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 954 OF 2025 ``` ``` 2025:KER:25913 ``` ``` 4 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`C. JAYACHANDRAN, J. -----------------------------------CRL.MC NO. 954 OF 2025`** ``` ------------------------------------ Dated, this the 25[th] day of March, 2025 ``` ## **`ORDER`** ``` A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [(2012) 10 SCC 303]. Similarly in Narinder Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of ``` ``` CRL.MC NO. 954 OF 2025 ``` ``` 2025:KER:25913 ``` ``` 5 ``` **==> picture [58 x 57] intentionally omitted <==** ``` sanctioning invocation of the inherent power under Section 482 of the Criminal Procedure Code to quash the F.I.R. in a crime alleging offence under Section 307, which is a heinous and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow: ``` ``` “6.We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” ``` ``` 2.In the facts at hand, petitioners are the ``` ``` CRL.MC NO. 954 OF 2025 ``` ``` 6 2025:KER:25913 ``` **==> picture [58 x 57] intentionally omitted <==** ``` accused persons in Crime No.1291/2024 of Nedukandam Police Station, Idukki. The offences alleged are under Sections 182(2), 191(2), 190, 296(b), 115(2), 118(1) and 110 of the Bharatiya Nyaya Sanhita (BNS), 2023. The petitioners seek quashment of entire proceedings in the above crime, on the strength of the settlement arrived at by and between the parties. ``` ``` 3.Heard the learned counsel for the petitioners, learned counsel for the respondent nos.3 to 6 and the learned Public Prosecutor. Perused the records. ``` ``` 4.When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statements of the defacto complainant/3[rd]respondent and the victims (respondents 4 to 6), were handed over. On perusal of the same, it is clear that the issues between the petitioners, the defacto complainant and the victims are settled amicably and that they have no objection in quashing the criminal proceedings against the ``` ``` CRL.MC NO. 954 OF 20257 2025:KER:25913 ``` **==> picture [58 x 57] intentionally omitted <==** ``` petitioners. That apart, it is noticed that, along with this Crl.M.C, affidavits have been sworn to by the defacto complainant and respondents 4 to 6 as Annexures- A3, A4, A5 and A6, wherein they would unequivocally state that the disputes have been amicably settled and that they do not want to proceed further with the above case. They would also swear that they have no further complaints against the petitioners and that they have no intention to continue with the criminal proceedings against the petitioners. The affidavits are sworn to on free will. This Court, is therefore, convinced that the settlement arrived at is genuine and bonafide. Learned Counsel for the respondents 3 to 6 would also endorse that the quashment sought for can be allowed. ``` ``` 5.In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in Narinder Singh (supra),Madan Mohan Abbot(supra) and Gian Singh (Supra), are fully satisfied. This Court is convinced that further proceedings against the petitioners will be a futile ``` ``` CRL.MC NO. 954 OF 2025 ``` ``` 8 ``` ``` 2025:KER:25913 ``` **==> picture [58 x 57] intentionally omitted <==** ``` exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that offence under section 115(2) is compoundable, which is all the more a reason to accept the compromise between the parties. ``` ``` In the circumstances, this Crl.M.C. is allowed. Annexure-A1 F.I.R in Crime No.1291/2024 and all further proceedings pursuant thereto, are hereby quashed. ``` ``` Sd/- ``` ## **`C. JAYACHANDRAN`** ``` JUDGE ``` ``` ska ``` ``` CRL.MC NO. 954 OF 20259 ``` ``` 2025:KER:25913 ``` **==> picture [58 x 57] intentionally omitted <==** ## `APPENDIX OF CRL.MC 954/2025` ## `PETITIONER ANNEXURES` - `Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME 1291/2024 OF NEDUMKANDAM POLICE STATION DATED 27.12.2024` - `Annexure A2 CERTIFIED COPY OF THE FIS IN CRIME 1291/2024 OF NEDUMKANDAM POLICE STATION DATED 27.12.2024` - `Annexure A3 THE AFFIDAVIT PREPARED BY THE 3RD RESPONDENT DATED 06.01.2025` - `Annexure A4 THE AFFIDAVIT PREPARED BY THE 4TH RESPONDENT DATED 06.01.2025` - `Annexure A5 THE AFFIDAVIT PREPARED BY THE 5TH RESPONDENT DATED 06.01.2025` - `Annexure A6 THE AFFIDAVIT PREPARED BY THE 6TH RESPONDENT DATED 06.01.2025`