CRL.M.C Nos. 7734 & 7998 of 2023

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 19[TH] DAY OF OCTOBER 2023 / 27TH ASWINA, 1945 ``` ``` CRL.MC NO. 7734 OF 2023 ``` ## **`AGAINST THE ORDER/JUDGMENT CC 615/2023 OF JUDICIAL`** ## **`MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM`** ## **`PETITIONER/S:`** - `1 IMMANUVEL, AGED 68 YEARS S/O THOMAS, T.C 8/1664-BN-128, PULLIKKAL HOUSE, DURGA LANE, BAPPUJI NAGAR, PONGUMOODU, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011` - `2 DEEPU P IMMANUVEL, AGED 34 YEARS, S/O IMMANUVEL, T.C 8/1664-BN-128, PULLIKKAL HOUSE, DURGA LANE, BAPPUJI NAGAR, PONGUMOODU, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011` ``` BY ADV V.A.VINOD ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031` - `2 STATION HOUSE OFFICER, SREEKARYAM POLICE STATION, THIRUVANANTHAPURAM, PIN - 695017` - `3 NANDHAKUMAR, AGED 39 YEARS S/O LATE SIVANKUTTY NAIR, TC 8/1673, BN 119, KUZHIVILA VEEDU, DURGA LANE, BAPPUJI NAGAR, PONGUMOODU, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011` - `4 VISAKH M, AGED 29 YEARS S/O MADHUSOODHANAN NAIR, BN 119 B, DURGA LANE, BAPPUJI NAGAR, PONGUMOODU, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011` ``` BY ADV SUJESH KUMAR K P ``` ## **`OTHER PRESENT:`** ``` SRI.RENJITH.T.R, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.10.2023, ALONG WITH Crl.MC.7998/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -2- Crl.M.C Nos. 7734 & 7998 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 19[TH] DAY OF OCTOBER 2023 / 27TH ASWINA, 1945 CRL.MC NO. 7998 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT CC 131/2021 OF JUDICIAL ``` ``` MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM ``` ## **`PETITIONER/S:`** ``` 1NANDAKUMAR,AGED 39 YEARS S/O SHIVANKUTTY NAIR, TC 8/1673, KUZHIVILLA VEEDU, DURGA LANE, BAPUJI NAGAR, PONGUMMOODU, SREEKARIAM, THIRUVANANTHAPURAM, PIN - 695017 2VISAKH AGED 29 YEARS S/O MADHUSUDHANAN NAIRBN-119(A), VISAKH BHAVAN, DURGA LANE, BAPUJI NAGAR, PONGUMMOODU, SREEKARIAM, THIRUVANANTHAPURAM,, PIN - 695017 BY ADV K.P.SUJESH KUMAR ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2EMMANUEL P.T, AGED 70 YEARS S/O THOMAS, TC 8/1664, BN-128, DURGA LANE, BAPUJI NAGAR, PONGUMMOODU, SREEKARIAM, THIRUVANANTHAPURAM, PIN - 695011 3DEEPU P. EMMANUEL, AGED 34 YEARS S/O EMMANUEL P.T., TC 8/1664, BN-128, DURGA LANE, BAPUJI NAGAR, PONGUMMOODU, SREEKARIAM, THIRUVANANTHAPURAM, PIN - 695011 ``` ## **`OTHER PRESENT:`** ``` SRI.RENJITH.T.R, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ``` ``` ON 19.10.2023, ALONG WITH Crl.MC.7734/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -3- Crl.M.C Nos. 7734 & 7998 of 2023 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== Crl.M.C Nos. 7734 & 7998 of 2023 ============================================================= Dated this the 19[th] day of October, 2023 ## **ORDER** These two Crl.M.Cs are connected and therefore, I am disposing of these two Crl.M.Cs by a common order. 2. Crl.M.C.No.7734 of 2023 is filed to quash the proceedings in CC No.615 of 2023 on the file of the Judicial First Class Magistrate Court-I, Thiruvananthapuram, arising from Crime No.2035 of 2019 of Sreekariyam Police Station. 3. Crl.M.C.No.7998 of 2023 is filed to quash the proceedings in CC No.131 of 2021 on the file of the Judicial First Class Magistrate Court-I, Thiruvananthapuram, arising from Crime No.2033 of 2019 of Sreekariyam Police Station. 4. It is submitted that these two cases are case and counter case. 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 -4- Crl.M.C Nos. 7734 & 7998 of 2023 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 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 -5- Crl.M.C Nos. 7734 & 7998 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 cannot be quashed in exercise of powers under_ -6- Crl.M.C Nos. 7734 & 7998 of 2023 _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 had managed with the complainant to enter into a compromise etc.”_ -7- Crl.M.C Nos. 7734 & 7998 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, these Criminal Miscellaneous cases are allowed in the following manner: In Crl.M.C.No.7734 of 2023, all further proceedings in CC No.615 of 2023 on the file of the Judicial First Class Magistrate Court-I, Thiruvananthapuram, arising from Crime No.2035 of 2019 of Sreekariyam Police Station, are quashed. In Crl.M.C.No.7998 of 2023, all further proceedings in CC No.131 of 2021 on the file of the Judicial First Class Magistrate Court-I, Thiruvananthapuram, arising from Crime No.2033 of 2019 of Sreekariyam Police Station, are quashed. sd/- ## **P.V.KUNHIKRISHNAN JUDGE** das -8- Crl.M.C Nos. 7734 & 7998 of 2023 ## **`APPENDIX OF CRL.MC 7998/2023`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO. 2033/2019 OF SREEKARYAM POLICE STATION, DATED 02/10/2019 Annexure A2TRUE COPY OF THE FIR IN CRIME NO. 2035/2019 OF SREEKARYAM POLICE STATION, DATED 02/10/2019 Annexure A3CERTIFIED COPY OF THE CHARGE SHEET IN CC NO. 131/2021 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, THIRUVANANTHAPURAM DATED 16/10/2019 Annexure A4AFFIDAVIT SWORN BY SECOND RESPONDENT DATED 18/09/2023 Annexure A5AFFIDAVIT SWORN BY THIRD RESPONDENT DATED 18/09/2023 ``` -9- Crl.M.C Nos. 7734 & 7998 of 2023 ## **`APPENDIX OF CRL.MC 7734/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1CERTIFIED COPY OF THE FINAL REPORT IN C.C NO 615/2023 PENDING ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, THIRUVANANTHAPURAM Annexure A2THE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 18.09.2023 Annexure A3THE COPY OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT DATED 18.09.2023 ```