CRL.M.C Nos. 8623 & 8657 of 2023 (Anand Venu & Abhishek Das v. State of Kerala; Eric Varghese, Geo Jose & Gireesh v. State of Kerala)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` # **`TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945`** # **`CRL.MC NO. 8623 OF 2023`** ``` CRIME NO.426/2014 OF ALUVA EAST POLICE STATION, Ernakulam ``` ``` AGAINST THE ORDER/JUDGMENT CC 115/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA ``` ## **`PETITIONER/S:`** - `1 ANAND VENU , AGED 30 YEARS S/O VENU, KORATTAPPILLY HOUSE, KALADY VILLAGE, MANIKKAMANGALAM KARA, ERNAKULAM DISTRICT, PIN - 683574` - `2 ABHISHEK DAS, AGED 29 YEARS S/O MALIAKAL NARAYANAN SIVADAS, MALIAKAL AMBADI HOUSE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT, PIN - 682509 BY ADV M.J.SANTHOSH` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA, AGED 30 YEARS REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031` - `2 SHARUK M.A, AGED 30 YEARS, S/O ABDUL NAZAR, MANTHRAKKAL POYYAPARAMBIL HOUSE, KARUMALLOR VILLAGE, WEST VELIYATHUNADU KARA, ERNAKULAM DISTRICT, PIN - 683511` - `3 ERIC VARGHESE, AGED 30 YEARS S/O VARGHESE, KOLLAMPARAMBIL HOUSE, ALUVA VILLAGE, THOTTAKATTUKARA, ERNAKULAM DISTRICT, PIN - 683108` - `4 GEO JOSE,AGED 30 YEARS S/O JOSEPH, OORAYATH HOUSE, KARUMALLOR VILLAGE, NEAR U.C. COLLEGE, ERNAKULAM DISTRICT, PIN - 683511` -2- Crl.M.C Nos. 8623 & 8657 of 2023 ## **`OTHER PRESENT:`** ``` SMT SREEJA V, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH CRL.M.C 8657/2023 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -3- Crl.M.C Nos. 8623 & 8657 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945 ``` ``` CRL.MC NO. 8657 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT CC 791/2015 OF JUDICIAL ``` ``` MAGISTRATE OF FIRST CLASS -I, ALUVA ``` ## **`PETITIONER/S:`** - `1 ERIC VARGHESE, AGED 30 YEARS S/O VARGHESE, KOLLAMPARAMBIL HOUSE, ALUVA VILLAGE, THOTTAKATTUKARA, ERNAKULAM DISTRICT, PIN - 683108` - `2 GEO JOSE, AGED 30 YEARS S/O JOSEPH, OORAYATH HOUSE, KARUMALLOR VILLAGE, NEAR U.C. COLLEGE, ERNAKULAM DISTRICT, PIN - 683511` - `3 GIREESH, AGED 31 YEARS S/O GOPI, KULATHUMKARAYIL HOUSE, KONNATHADI VILLAGE. MUNIYARA, IDUKKI DISTRICT, PIN - 685563 BY ADV V.A.NAVAS` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031` - `2 ANAND VENU, AGED 30 YEARS S/O VENU, KORATTAPPILLY HOUSE, KALADY VILLAGE, MANIKKAMANGALAM KARA, ERNAKULAM DISTRICT, PIN - 683574` - `3 ABHISHEK DAS, AGED 29 YEARS S/O MALIAKAL NARAYANAN SIVADAS, MALIAKAL AMBADI HOUSE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT, PIN - 682509 BY ADV V.A.NAVAS` ## **`OTHER PRESENT:`** -4- Crl.M.C Nos. 8623 & 8657 of 2023 ``` SMT SREEJA V, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH CRL.M.C 8623/2023 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -5- Crl.M.C Nos. 8623 & 8657 of 2023 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== Crl.M.C Nos. 8623 & 8657 of 2023 ============================================================= Dated this the 7[th] day of November, 2023 ## **ORDER** These two Crl.M.Cs are connected and these are case and counter case. Therefore, I am disposing of these two Crl.M.Cs by a common order. 2. Crl.M.C 8623 of 2023 is filed to quash the proceedings in CC No.115 of 2015 on the file of the Judicial First Class Magistrate Court -I Aluva, arising from Crime No.426 of 2014 of Aluva East Police Station, Ernakulam and Crl.M.C No.8657 of 2023 is filed to quash the proceedings in CC No.791 of 2015 on the file of the Judicial First Class Magistrate Court -I Aluva, arising from Crime No.425 of 2014 of Aluva East Police Station, Ernakulam. 3. It is submitted that these are case and counter case and the matter is settled and the parties have no grievance. ## 4. The learned counsel for the petitioners submits that the parties have settled their dispute and do not wish to pursue the prosecution -6- Crl.M.C Nos. 8623 & 8657 of 2023 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 the petitioners, victim/s 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. 8623 & 8657 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_ -8- Crl.M.C Nos. 8623 & 8657 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.”_ -9- Crl.M.C Nos. 8623 & 8657 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. In Crl.M.C No.8623 of 2023, all further proceedings as against the petitioners in CC No.115 of 2015 on the file of the Judicial First Class Magistrate Court -I Aluva, arising from Crime No.426 of 2014 of Aluva East Police Station, Ernakulam, are quashed. In Crl.M.C No.8657 of 2023, all further proceedings as against the petitioners in CC No.791 of 2015 on the file of the Judicial First Class Magistrate Court -I Aluva, arising from Crime No.425 of 2014 of Aluva East Police Station, Ernakulam, are quashed. sd/- ## **P.V.KUNHIKRISHNAN JUDGE** das -10- Crl.M.C Nos. 8623 & 8657 of 2023 ## **`APPENDIX OF CRL.MC 8623/2023`** ``` PETITIONER ANNEXURES Annexure A1CERTIFIED COPY OF THE FIR & FIS DATED 30/01/2014 IN CRIME NO. 426/2014 OF THE ALUVA EAST POLICE STATION. Annexure A2CERTIFIED COPY OF THE FINAL REPORT DATED 20/02/2014 IN C.C. NO. 115/2015 ON THE FILE OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA. Annexure A3THE AFFIDAVIT OF 2ND RESPONDENT/INFORMANT/CW1 Annexure A4THE AFFIDAVIT OF 3RD RESPONDENT/CW2 Annexure A5THE AFFIDAVIT OF 4TH RESPONDENT/CW3 ``` -11- Crl.M.C Nos. 8623 & 8657 of 2023 ## **`APPENDIX OF CRL.MC 8657/2023`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`| |---|---| |`Annexure A1`|`CERTIFIED COPY OF THE FIR DATED`| ||`30/01/2014 IN CRIME NO. 425/2014 OF THE`| ||`ALUVA EAST POLICE STATION.`| |`Annexure A2`|`CERTIFIED COPY OF THE FINAL REPORT`| ||`DATED 15/02/2014 IN C.C. NO. 791/2015`| ||`ON THE FILE OF HON'BLE JUDICIAL FIRST`| ||`CLASS MAGISTRATE COURT-I, ALUVA.`| |`Annexure A3`|`THE AFFIDAVIT OF 2ND`| ||`RESPONDENT/INFORMANT/CW1.`| |`Annexure A4`|`THE AFFIDAVIT OF 3RD RESPONDENT/CW2`|