CRL.M.C. Nos. 8364 & 8371 of 2023, High Court of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945** **CRL.MC NO. 8364 OF 2023** **CRIME NO.846/2022 OF ALUVA EAST POLICE STATION, Ernakulam AGAINST THE ORDER/JUDGMENT CC 645/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA** ## **- PETITIONER(S)/ACCUSED NO.1 7:** 1 MUHAMMED AMEEN AGED 21 YEARS S/O HARIFFUDDIN, AGED 21 YEARS, ULLAKKAL HOUSE, ANNAMMANADA P.O, THRISSUR-680741 2 ADWAITH MENON AGED 26 YEARS S/O MADU, AGED 26 YEARS, NEDUMBALLILL HOUSE, SOUTH ADUVASSERY, CHENGAMANADU VILLAGE, SOUTH ADUVASSERY P.O, ERNAKULAM DISTRICT, PIN-683578 3 MUHAMMED AMJAD AGED 20 YEARS S/O MOHAMMED ALI, AGED 20 YEARS, PADIYATH PUTHENKATTIL HOUSE, U BAZZAR, ERIYAD VILLAGE, KODUNGALLOOR TALUK, ERIYAD P.O, THRISSUR DISTRICT, PIN-680666 4 VISHNUDAS T A AGED 20 YEARS S/O AYYAPPAN. T.V, AGED 20 YEARS, THAYYILAZHAKAMPILLY LAKSHMINIVAS, ASAAN LANE ROAD, ALUVA, ALUVA WEST VILLAGE, ALUVA P.O, ERNAKULAM DISTRICT, PIN-683101 5 MIDHUN PASAD AGED 20 YEARS S/O PRASAD, AGED 20 YEARS, THEVOORATHIL VEED, MUNDANGAMATTAM BAGAM, NEELESWARAM KARA, KALADY VILLAGE, ERNAKULAM-683574. 6 ARSHAQ C M AGED 22 YEARS S/O SAYDU MUHAMMAD, AGED 22 YEARS, CHULLIKKADAN HOUSE, ODAKKALI TOWN, ASAMANNOOR P.O, ALUVA, Crl.M.C.Nos.8364 & 8371 of 2023 2 ERNAKULAM-683549. 7 P S AMEENSHA AGED 21 YEARS S/O P.K. SHAMSU, AGED 21 YEARS, PERINGATTU VEED, NEAR KOTTAPPURAM JUMA MASJID, ALANGAD P.O, ALANGADU VILLAGE, ERNAKULAM-683511. BY ADV. BENTO PAULSON ## **RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 MUHAMMED YARSHIN AGED 24 YEARS S/O KUNJU MUHAMMED, AGED 24 YEARS, KUREEKATTIL HOUSE, MARAMPILLY P.O, ALUVA, ERNAKULAM-683105 BY ADV. SRI.M.P.PRASANTH, PP SRI.JERIE RAMESH - R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.10.2023, ALONG WITH Crl.MC.8371/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.8364 & 8371 of 2023 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 CRL.MC NO. 8371 OF 2023** **CRIME NO.1441/2022 OF ALUVA EAST POLICE STATION, Ernakulam AGAINST THE ORDER/JUDGMENT CC 1054/2023 OF JUDICIAL** **MAGISTRATE OF FIRST CLASS -I, ALUVA** ## **- PETITIONER(S)/PETITIONERS/ACCUSED NO.1 9:** 1 ASHIQ ANTO AGED 23 YEARS S/O ANTO P.T, PELLISSERY HOUSE, NEAR ST. ANTONY'S CHURCH, AMMADAM P.O, THRISSUR-680563 2 JAYAKRISHNAN AGED 21 YEARS S/O RAJAGOPAL, AGED 21 YEARS, VIJAYALAKSHMI VILASAM, KALPAKA NAGAR, ATHANI P.O, NEDUMBASSERY, ERNAKULAM-683585. 3 UMARUL FAROOKH NAUFAL AGED 23 YEARS S/O NAUFAL, AGED 23 YEARS, CHENNOTH HOUSE, PALAPRASSERY, CHENGAMANAD P.O, ERNAKULAM-683578 4 AL AMEEN A A AGED 24 YEARS S/O M.I. ASHRAF, AGED 24 YEARS, ASHARIKUDI, THOTTUMUKHAM P.O, ALUVA, ERNAKULAM-683105 5 ALBIN NELSON Crl.M.C.Nos.8364 & 8371 of 2023 4 AGED 24 YEARS S/O NELSON K.J, AGED 24 YEARS, KOTTANADAN HOUSE, ASOKAPURAM P.O, ALUVA, ERNAKULAM-683101 6 ABI WAKKAS AGED 22 YEARS S/O ABDUL SALIM, AGED 22 YEARS, THOPPUKADAVIL HOUSE, NEDUMBASSERY P.O, ERNAKULAM-683102 7 ATHUL SHAJI AGED 22 YEARS S/O SHAJI M.A, AGED 22 YEARS, CHEENIVILA VEED, ALANGAD P.O, KOTTAPPURAM, ERNAKULAM-683511 8 MUHAMMED YARSHIN AGED 24 YEARS S/O KUNJU MUHAMMED, AGED 24 YEARS, KUREEKATTIL HOUSE, MARAMPILLY P.O, ALUVA, ERNAKULAM-683105 9 AL SAHAF KABEER AGED 21 YEARS S/O KABEER V.P, AGED 21 YEARS, VALIYAPARAMBIL HOUSE, MARAMPILLY P.O, ERNAKULAM-683105 BY ADV. JERIE RAMESH ## **RESPONDENT(S)/RESPONDENTS/STATE/DEFACTO COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 MUHAMMED AMEEN U H Crl.M.C.Nos.8364 & 8371 of 2023 5 AGED 21 YEARS S/O HARIFUDDIN, AGED 21 YEARS, ULLAKKAL HOUSE, ANNAMANDA, KALLUR THEKUMURI VILLAGE, ANNMANDA P.O, THRISSUR DISTRICT, PIN-680741 3 VISHNUDAS AGED 20 YEARS S/O AYYAPPAN, AGED 20 YEARS, LAKSHMINIVAS, ASAAN LANE, ALUVA, ERNAKULAM- 683101 4 ADHIL SALAM AGED 21 YEARS S/O ABDUL SALAM, POOTHAMPARAMBIL HOUSE, PANAYIKULAM P.O, ALANGADU VILLAGE, ERNAKULAM-623522 BY ADVS. SMT.SREEJA V. PP SRI.BENTO PAULSON THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.10.2023, ALONG WITH Crl.MC.8364/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.8364 & 8371 of 2023 6 ## **P.V.KUNHIKRISHNAN, J.** **-----------------------------Crl.M.C.Nos.8364 & 8371 of 2023 ---------------------------------------------Dated this the 31[st] day of October, 2023** ## **ORDER** These Criminal Miscellaneous Cases are filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). These Criminal Miscellaneous Cases are connected and therefore, I am disposing of these cases by a common order. 2. Crl.M.C.No.8364/2023 is filed to quash all further proceedings against the petitioners in C.C.No.645/2023 on the file of the Judicial First Class Magistrate Court – I, Aluva arising from Crime No.846/2022 of Aluva East Police Station. Crl.M.C.Nos.8364 & 8371 of 2023 7 Crl.M.C.No.8371/2023 is filed to quash all further proceedings against the petitioners in C.C.No.1054/2023 on the file of the Judicial First Class Magistrate Court – I, Aluva arising from Crime No.1441/2022 of Aluva East Police Station. 3. It is submitted that, these are connected cases and both sides settled the matter. 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 affidavits 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 Crl.M.C.Nos.8364 & 8371 of 2023 8 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 petitioners, 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** Crl.M.C.Nos.8364 & 8371 of 2023 9 **(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 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_ Crl.M.C.Nos.8364 & 8371 of 2023 10 _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.”_ ## 8. Keeping in mind the above dictum laid down Crl.M.C.Nos.8364 & 8371 of 2023 11 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. i. In Crl.M.C.No.8364/2023, all further proceedings against the petitioners in C.C.No.645/2023 on the file of the Judicial First Class Magistrate Court – I, Aluva arising from Crime No.846/2022 of Aluva East Police Station are quashed. ii. In Crl.M.C.No.8371/2023, all further proceedings against the petitioners in C.C.No.1054/2023 on the file of the Judicial First Crl.M.C.Nos.8364 & 8371 of 2023 **==> picture [13 x 9] intentionally omitted <==** Class Magistrate Court – I, Aluva arising from Crime No.1441/2022 of Aluva East Police Station are quashed. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** Crl.M.C.Nos.8364 & 8371 of 2023 13 ## **APPENDIX OF CRL.MC 8371/2023** |PETITIONER ANNEXURES|PETITIONER ANNEXURES| |---|---| |ANNEXURE A1|THE CERTIFIED COPY OF FIR IN CRIME| ||NO. 1441/2022 OF ALUVA EAST POLICE| ||STATION, ERNAKULAM DATED 08.12.2022| |ANNEXURE A2|THE CERTIFIED COPY OF THE FINAL| ||REPORT IN C.C. NO. 1054/2023 ON THE| ||FILES OF THE HON'BLE JUDICIAL| ||FIRST-CLASS MAGISTRATE COURT I,| ||ALUVA DATED 16.05.2023| |ANNEXURE A3|THE AFFIDAVIT SWORN BY THE 2ND| ||RESPONDENT| |ANNEXURE A4|THE AFFIDAVIT SWORN BY THE 3RD| ||RESPONDENT| |ANNEXURE A5|THE AFFIDAVIT SWORN BY THE 4TH| ||RESPONDENT| Crl.M.C.Nos.8364 & 8371 of 2023 14 ## **APPENDIX OF CRL.MC 8364/2023** PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF FIR IN CRIME NO. 846/2022 OF ALUVA EAST POLICE STATION, ERNAKULAM DATED 21.06.2022 ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 645/2023 ON THE FILES OF THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT I, ALUVA DATED 22.10.2022 ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE