CRL.M.C Nos. 7412 & 7416 of 2023

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 29[TH] DAY OF SEPTEMBER 2023 / 7TH ASWINA, 1945 CRL.MC NO. 7412 OF 2023 AGAINST THE ORDER/JUDGMENT CC 473/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR ``` ## **`PETITIONER/S:`** ``` 1PAVITHRAN AGED 54 YEARS S/O CHELLAPPAN, BLOCK NO.47, MUTTOM HARIJAN COLONY, MUTTOM MURI, THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 2ABHEESH AGED 36 YEARS S/O NARAYANAN, CHUTTIPARAYIL (H), MAMPILALIL, MAMPILALIL MURI, THUMPAMON P.O. & VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 3MANOHARAN AGED 57 YEARS S/O KUTTY, ANANDABHAVAN, BLOCK NO.36, MUTTOM HARIJAN COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 4ARAVINDAKSHAN AGED 26 YEARS S/O VIJAYAN, BLOCK NO.48, MUTTOM HARIJAN COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 5JAYADEVAN AGED 31 YEARS S/O VIJAYAN, BLOCK NO.48, MUTTOM HARIJAN COLONY, MUTTOM MURI & P.O, THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 6SREEJITH @ KALESH AGED 36 YEARS S/O RAMADAS, BLOCK NO.45, MUTTOM HARIJAN COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 ``` -2- Crl.M.C Nos. 7412 & 7416 of 2023 ``` 7RAJITH @ VAVACHAN AGED 28 YEARS S/O RAVI, BLOCK NO.46, MUTTOM HARIJAN COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 BY ADV ANSU VARGHESE ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031` - `2 THE STATION HOUSE OFFICER PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689501` - `3 VISHNU @ ARJUN AGED 34 YEARS S/O VIJAYAN, BLOCK NO.20(A) MUTTOM COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502` ## **`OTHER PRESENT:`** ``` HRITWICK CS PP SRI. MANU RAMACHANDRAN ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ``` ``` ON 29.09.2023, ALONG WITH Crl.MC.7416/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -3- Crl.M.C Nos. 7412 & 7416 of 2023 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 29[TH] DAY OF SEPTEMBER 2023 / 7TH ASWINA, 1945 CRL.MC NO. 7416 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT CC 472/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR ``` ## **`PETITIONER/S:`** ``` 1RATHEESH AGED 39 YEARS S/O RAVI, THOPPIL VEEDU, BLOCK NO.3, MUTTOM HARIJAN COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 2SETHURAJAN AGED 49 YEARS S/O KRISHNAN, SETHU BHAVAN, BLOCK NO.20, MUTTOM HARIJAN COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 3VISHNU @ ARJUN AGED 34 YEARS S/O VIJAYAN, BLOCK NO.20(A) MUTTOM COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 4ULLAS AGED 41 YEARS S/O UTHAMAN, ULLAS BHAVAN, THURAYIL KUNNU, KARUNAGAPPALLY, KOLLAM DISTRICT & NOW RESIDING AT BLOCK NO.9, MUTTOM COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 5ANIL AGED 39 YEARS S/O MONACHAN,BLOCK NO.10, MUTTOM HARIJAN COLONY, MUTTOM MURI & P.O., THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 BY ADVS. ``` -4- Crl.M.C Nos. 7412 & 7416 of 2023 ``` MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR SAILAKSHMI MENON ABHISHEK JOHNSON ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2THE STATION HOUSE OFFICER PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689501 3ABHEESH AGED 56 YEARS S/O NARAYANAN, CHUTTIPARAYIL (H), MAMPILALIL, MAMPILALIL MURI, THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 4PRADEEP AGED 27 YEARS S/O SIVANANDAN, BLOCK NO.11, MUTTOM COLONY, MUTTOM MURI, THUMPAMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 ``` ## **`OTHER PRESENT:`** ``` HRITWICK CS PP SRI. ANSU VARGHESE ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ``` ``` ON 29.09.2023, ALONG WITH Crl.MC.7412/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -5- Crl.M.C Nos. 7412 & 7416 of 2023 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== Crl.M.C Nos. 7412 & 7416 of 2023 ============================================================= Dated this the 29[th] day of September, 2023 ## **ORDER** These Crl.M.Cs are case and counter case and therefore, I am disposing of these two cases by a common order. 2. Crl.M.C No.7412 of 2023 is filed to quash the proceedings in CC No.473 of 2016 on the file of the Judicial First Class Magistrate Court, Adoor, arising from Crime No.2130 of 2015 of Pandalam Police Station, Pathanamthitta. 3. Crl.M.C No.7416 of 2023 is filed to quash the proceedings in CC No.472 of 2016 on the file of the Judicial First Class Magistrate Court, Adoor, arising from Crime No.2129 of 2015 of Pandalam Police Station, Pathanamthitta. 4. The learned counsel for the petitioners submits that it is a case and counter case and 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 -6- Crl.M.C Nos. 7412 & 7416 of 2023 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 the petitioner, victims and the Public Prosecutor and has also gone through the records including the affidavits 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 -7- Crl.M.C Nos. 7412 & 7416 of 2023 _**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 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_ -8- Crl.M.C Nos. 7412 & 7416 of 2023 _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 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_ -9- Crl.M.C Nos. 7412 & 7416 of 2023 _had managed with the complainant to enter into a compromise etc.”_ 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, these Criminal Miscellaneous cases are allowed. All further proceedings as against the petitioners in Crl.M.C No.7412 of 2023 pending as CC No.473 of 2016 on the file of the Judicial First Class Magistrate Court, Adoor, arising from Crime No.2130 of 2015 of Pandalam Police Station, Pathanamthitta are quashed. All further proceedings as against the petitioners in Crl.M.C No.7416 of 2023 pending as CC No.472 of 2016 on the file of the Judicial First Class Magistrate Court, Adoor, arising from Crime No.2129 of 2015 of Pandalam Police Station, Pathanamthitta are quashed. sd/- ## **P.V.KUNHIKRISHNAN JUDGE** das -10- Crl.M.C Nos. 7412 & 7416 of 2023 ## **`APPENDIX OF CRL.MC 7416/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.2129/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT WHICH IS NOW PENDING AS C.C NO. 472/2016 ON THE FILES JFMC, ADOOR Annexure A2THE ORIGINAL OF THE AFFIDAVIT DATED 31.07.2023 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT Annexure A3THE ORIGINAL OF THE AFFIDAVIT DATED 31.07.2023 SWORN BY THE 4TH RESPONDENT/CW2 ``` -11- Crl.M.C Nos. 7412 & 7416 of 2023 ## **`APPENDIX OF CRL.MC 7412/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.2130/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT WHICH IS NOW PENDING AS C.C NO. 473/2016 ON THE FILES JFMC, ADOOR Annexure A2THE ORIGINAL OF THE AFFIDAVIT DATED 31.07.2023 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT ```