CRL.M.C. Nos. 9358 & 9379 of 2023 (Rahul M Sabu v. State of Kerala; Jithin Manoharan v. State of Kerala)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` THURSDAY, THE 23[RD] DAY OF NOVEMBER 2023 / 2ND AGRAHAYANA, 1945 ``` ``` CRL.MC NO. 9358 OF 2023 ``` ``` CRIME NO.1098/2019 OF ETTUMANOOR POLICE STATION, KOTTAYAM AGAINST THE ORDER/JUDGMENT CC 725/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR ``` ## **`PETITIONER(S)/ACCUSED:`** ``` RAHUL M SABU ``` ``` AGED 28 YEARS, S/O SABU, MULACKAL HOUSE, PUNNATHURA KANNAMPURA BHAGAM, KIZHAKKUMBHAGAM KARA, ETTUMANOOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, EMAIL ID: RAHULMSABU19@GMAIL.COM, MOB: +91 9400 161 754, PIN - 686631 ``` ``` BY ADV JITHIN BOSE ``` ## **`RESPONDENT(S)/STATE:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031`** - **`2 STATION HOUSE OFFICER OF ETTUMANOOR POLICE STATION, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686631`** ``` 3JITHIN MANOHARAN AGED 38 YEARS, S/O MANOHARAN, AALACKAL HOUSE, KANNAMPURA BHAGAM, PUNNATHURA KARA, ETTUMANOOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, MOB: +966 58 330 7574 E-MAIL: MANOHARANJITHIN@GMAIL.COM, PIN - 686631 ``` - **`4 NIDHIN PRAKASH @ VISHAL AGED 35 YEARS, S/O PRAKASHAN, AALACKAL HOUSE,`** ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` 2 ``` KANNAMPURA BHAGAM, PUNNATHURA KARA, ETTUMANOOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, MOB: +91 9961 339 942, PIN - 686631 ``` ``` BY ADVS. ``` ``` SRI MP PRASANTH , PP SMT. K.R. MONISHA ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2023, ALONG WITH Crl.MC.9379/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 23[RD] DAY OF NOVEMBER 2023 / 2ND AGRAHAYANA, 1945 CRL.MC NO. 9379 OF 2023 ``` ``` CRIME NO.1092/2019 OF ETTUMANOOR POLICE STATION, KOTTAYAM AGAINST THE ORDER/JUDGMENT CC 644/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR ``` ## **`PETITIONER/S:`** - **`1 JITHIN MANOHARAN`** ``` AGED 38 YEARS, S/O MANOHARAN, AALACKAL HOUSE, KANNAMPURA BHAGAM, PUNNATHURA KARA, ETTUMANOOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, MOB: +966 58 330 7574, E-MAIL: MANOHARANJITHIN@GMAIL.COM, PIN - 686631 ``` - **`2 NIDHIN PRAKASH @ VISHAL AGED 35 YEARS, S/O PRAKASHAN, AALACKAL HOUSE, KANNAMPURA BHAGAM, PUNNATHURA KARA, ETTUMANOOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, MOB: +91 9961 339 942, PIN - 686631`** ## **`BY ADV AMEER SALIM`** ## **`RESPONDENT(S)/STATE:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,`** ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` 4 ``` HIGH COURT OF KERALA, PIN - 682031 ``` - **`2 STATION HOUSE OFFICER OF ETTUMANOOR POLICE STATION, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686631`** ``` 3RAHUL M SABU AGED 27 YEARS, S/O SABU, MULACKAL HOUSE, PUNNATHURA KANNAMPURA BHAGAM, KIZHAKKUMBHAGAM KARA, ETTUMANOOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, MOB: +91 9400 161 754 EMAIL ID: RAHULMSABU19@GMAIL.COM, PIN - 686631 ``` ``` BY ADVS. ``` ``` SMT. SREEJA V., PP ``` ``` SRI. JOTHIN BOSE ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2023, ALONG WITH Crl.MC.9358/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 5 ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` **P.V.KUNHIKRISHNAN, J. -------------------------------Crl.M.C. Nos.9358 & 9379 of 2023 --------------------------------------Dated this the 23[rd] day of November, 2023** ## **O R D E R** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. These Criminal Miscellaneous Cases are case and counter case. Therefore, I am disposing of these cases by a common order. 3. It is submitted that the matter is settled between the parties and both sides have no objection in quashing the proceedings. Crl.M.C. No.9358 of 2023 is filed to quash the proceedings in C.C.No.725/2019 on the file of Judicial First Class Magistrate Court-I, Ettumanoor arising from Crime 6 ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` No.1098/2019 of Ettumanoor Police Station and Crl.M.C. No.9379 of 2023 is filed to quash the proceedings in C.C.No.644/2019 on the file of Judicial First Class Magistrate Court-I, Ettumanoor arising from Crime No.1092/2019 of Ettumanoor Police Station. 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 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 has 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 7 ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` 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 affidavit 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 Laxmi Narayan's case discussed the law in detail and ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` 8 ## 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 ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` 9 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 ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` **==> picture [13 x 10] intentionally omitted <==** 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 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. 1. All further proceedings against the petitioner in C.C.No.725/2019 on the file of Judicial First Class Magistrate Court-I, Ettumanoor arising from Crime No.1098/2019 of Ettumanoor Police Station are quashed. 2. All further proceedings against the ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` **==> picture [13 x 9] intentionally omitted <==** petitioners in C.C.No.644/2019 on the file of Judicial First Class Magistrate Court-I, Ettumanoor arising from Crime No.1092/2019 of Ettumanoor Police Station are quashed. Sd/- nvj **P.V.KUNHIKRISHNAN JUDGE** ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` 12 ## **`APPENDIX OF CRL.MC 9379/2023`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`| |---|---| |`ANNEXURE A1`|`CERTIFIED COPY OF THE FIRST`| ||`INFORMATION REPORT IN CRIME NO.`| ||`1092 OF 2019 OF THE ETTUMANOOR`| ||`POLICE STATION, KOTTAYAM ALONG WITH`| ||`STATEMENT OF THE 3RD RESPONDENT`| |`ANNEXURE A2`|`CERTIFIED COPY OF THE CHARGE SHEET`| ||`IN C.C. NO. 644 OF 2019 ON THE FILE`| ||`OF THE JUDICIAL FIRST CLASS`| ||`MAGISTRATE COURT-I, ETTUMANOOR,`| ||`KOTTAYAM`| |`ANNEXURE A3`|`THE WOUND CERTIFICATE OF THE 3RD`| ||`RESPONDENT DATED 23.06.2019`| |`ANNEXURE`|`THE AFFIDAVIT SWORN TO BY THE 3RD`| ||`RESPONDENT DATED 12.02.2023`| ``` CRL. M.C. NOS.9358 & 9379 OF 2023 ``` 13 ## **`APPENDIX OF CRL.MC 9358/2023`** ## `PETITIONER ANNEXURES` - `ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1098 OF 2019 OF THE ETTUMANOOR POLICE STATION, KOTTAYAM ALONG WITH STATEMENT OF THE 3RD RESPONDENT` - `ANNEXURE 2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C. NO. 725 OF 2019 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ETTUMANOOR, KOTTAYAM` - `ANNEXURE 3 THE CERTIFIED COPY OF THE WOUND CERTIFICATE OF THE 3RD RESPONDENT DATED 24.06.2019` - `ANNEXURE A4 THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 15.04.2022` - `ANNEXURE A5 THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT DATED 06.11.2023` RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE