Crl.M.C Nos. 9297 & 9247 of 2023, High Court of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA,`** ``` 1945 ``` ``` CRL.MC NO. 9297 OF 2023 ``` ``` CRIME NO.342/2020 OF Edavanna Police Station, Malappuram AGAINST THE ORDER/JUDGMENT CC 413/2021 OF CHIEF JUDICIAL ``` ## **`MAGISTRATE ,MANJERI`** ## **`PETITIONER/S:`** - `1 MUHAMMED FASEEM, AGED 33 YEARS S/O. MOIDEEN KOYA, JAISAL NIVAS, KAVUGAL PARAMBU, POKUNNU, GURUVAYURAPPAN COLLAGE P.O, KOZHIKODE DISTRICT, PIN - 673014` - `2 AMEEN AYOOB, AGED 31 YEARS S/O. AYOOB, FATHIMA HOUSE, POKUNNU, NEAR VAYANASHALA, GURUVAYURAPPAN COLLAGE P.O, KOZHIKODE DISTRICT., PIN - 673014` - `3 SHOWKATH ALI, AGED 63 YEARS S/O VEERANKUTTY, KALATHINGAL HOUSE, AMAYUR P.O, THRIKALAGODU, MALAPPURAM DISTRICT., PIN - 676121` - `4 SHAMSUDEEN PANACHIKKAL, AGED 53 YEARS S/O ALAVIKUTTY, AANOOS VILLA, PANACHIKKAL HOUSE, KOTTUPATTA, MANJERI, NARUKARA P.O, MALAPPURAM DIST., PIN - 676121` - `5 JAFFER N.A, AGED 47 YEARS S/O MUHAMMED SAINUDHEEN, NADUVILE KALATHIL VEEDU, SATHYASARANI ROAD, CHERANI, KARUVAMBRAM P.O, MANJERI, MALAPPURAM DIST., PIN - 676123` ``` BY ADVS. R.RANJITH (MANJERI) A.P.NIDHIN KUMAR ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` -2- Crl.M.C Nos. 9297 & 9247 of 2023 ``` 2SUNEER NILEDATH,AGED 39 YEARS S/O IBRAHIM, NILEDATH HOUSE, NEAR ISLAMIC COLLEGE, CHETTAMCOON, THALASSERY P.O., KANNUR DISTRICT., PIN - 670101 3KUNIMMAL SAMEER, AGED 50 YEARS S/O ABOOBACKER THAZHALEPEEDIKA, RESIDING AT SANA, DHARMADAM DISTRICT., PIN - 670106 ``` ## **`OTHER PRESENT:`** ``` SMT SREEJA V , PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH Crl.MC.9247/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -3- Crl.M.C Nos. 9297 & 9247 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023/7TH AGRAHAYANA, 1945 CRL.MC NO. 9247 OF 2023 ``` ``` CRIME NO.189/2020 OF Nadakkavu Police Station, Kozhikode AGAINST THE ORDER/JUDGMENT ST 1836/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -IV,KOZHIKODE ``` ## **`PETITIONER/S:`** ``` 1AMEEN AYOOB, AGED 31 YEARS S/O. AYOOB, FATHIMA HOUSE, POKUNNU, NEAR VAYANASHALA, GURUVAYURAPPAN COLLAGE P.O, KOZHIKODE DISTRICT., PIN - 673014 2MUHAMMED FASEEM V.P, AGED 30 YEARS S/O. MOIDEEN KOYA, JAISAL NIVAS, KAVUGAL PARAMBU, POKUNNU , GURUVAYURAPPAN COLLAGE P.O, MALAPPURAM DISTRICT., PIN - 673014 BY ADV R.RANJITH (MANJERI) ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2SUNEER NILEDATH, AGED 39 YEARS S/O IBRAHIM, NILEDATH HOUSE, NEAR ISLAMIC COLLEGE, CHETTAMCOON, THALASSERY P.O., KANNUR DISTRICT., PIN - 670101 3KUNIMMAL SAMEER, AGED 50 YEARS S/O ABOOBACKER THAZHALEPEEDIKA, RESIDING AT SANA, DHARMADAM DISTRICT., PIN - 670106 ``` ## **`OTHER PRESENT:`** ``` SMT SREEJA V , PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH Crl.MC.9297/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -4- Crl.M.C Nos. 9297 & 9247 of 2023 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== Crl.M.C No.9247 & 9297 of 2023 ============================================================= Dated this the 28[th] day of November, 2023 ## **ORDER** Petitioners in Crl.M.C No.9297 of 2023 are the accused in CC No.413 of 2021 on the file of the Chief Judicial Magistrate Court, Manjeri, arising from Crime No.342 of 2020 of Edavanna Police Station, Malappuram. 2. Petitioners in Crl.M.C No.9247 of 2023 are the accused in ST No.1836 of 2020 on the file of the Judicial First Class Magistrate Court-IV, Kozhikode, arising from Crime No.189 of 2020 of Nadakkavu Police Station, Kozhikode. These two cases are connected and therefore, I am disposing of these two Crl.M.Cs by a common order. 3. It is submitted that these cases are settled and the victims have no grievance against the petitioners. ## 4. The learned counsel for the petitioners submits that the parties have settled their dispute and do not wish to pursue the prosecution -5- Crl.M.C Nos. 9297 & 9247 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 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 -6- Crl.M.C Nos. 9297 & 9247 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_ -7- Crl.M.C Nos. 9297 & 9247 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.”_ -8- Crl.M.C Nos. 9297 & 9247 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.9297 of 2023, all further proceedings in CC No.413 of 2021 on the file of the Chief Judicial Magistrate Court, Manjeri, arising from Crime No.342 of 2020 of Edavanna police station, Malappuram are quashed. In Crl.M.C No.9247 of 2023, all further proceedings in ST No.1836 of 2020 on the file of the Judicial Magistrate of First Class-IV, Kozhilode arising from Crime No.189 of 2020 of Nadakkavu police station, Kozhikode are quashed. sd/- ## **P.V.KUNHIKRISHNAN** ## **JUDGE** das -9- Crl.M.C Nos. 9297 & 9247 of 2023 ## **`APPENDIX OF CRL.MC 9247/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure ACERTIFIED COPY OF THE FINAL REPORT/CHARGE IN CRIME NO.189/2020 Annexure BTRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED, 20-10-2023 Annexure CTRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED, 22-10-2023 ``` -10- Crl.M.C Nos. 9297 & 9247 of 2023 ## **`APPENDIX OF CRL.MC 9297/2023`** ``` PETITIONER ANNEXURES Annexure ATRUE COPY OF THE FINAL REPORT/CHARGE ALONG WITH MEMORANDUM OF EVIDENCE IN CRIME NO.342/2020 DATED 17.08.2020 Annexure BTRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED, 20-10-2023 Annexure CTRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED, 22-10-2023 ```