Crl.M.C Nos.1303 of 2024 & 940 of 2025

**==> picture [58 x 58] intentionally omitted <==** ## `2025:KER:21480` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` TUESDAY, THE 11[TH] DAY OF MARCH 2025 / 20TH PHALGUNA, 1946 ``` ``` CRL.MC NO. 940 OF 2025 ``` ``` CRIME NO.1358/2021 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM ``` ``` IN CC NO.96 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, ``` ## **`THIRUVANANTHAPURAM`** ## **`PETITIONERS/ACCUSED 1 & 2:`** - **`1 ARUN S J AGED 35 YEARS S/O. SASI A., RESIDING IN SOPANAM, K G 188-A, KALPAKA GARDENS, PAPPANAMCODE, NEMOM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695018`** - **`2 VARUN RAJARANGAN AGED 35 YEARS S/O RAJARANGAN JANARDHANAN BHASKARAN, RESIDING IN IN SOPANAM, K G 188-A, KALPAKA GARDENS, PAPPANAMCODE, NEMOM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695018`** ## **`BY ADV PRAMOD J.DEV`** ## **`RESPONDENTS/STATE AND COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031`** - **`2 AKHILA AGED 36 YEARS D/O SASIKALA, RESIDING IN KGRA 158 E, KALPAKA GARDENS, PAPPANAMCODE, NEMOM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695018`** ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** **==> picture [24 x 9] intentionally omitted <==** ``` BY ADVS. SRI. SANAL P. RAJ, PUBLIC PROSECUTOR ARUN CHANDRAN AMRITA ARUN(K/1870/2021) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ORDERS ON 11.03.2025, ALONG WITH CRL.MC.1303/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** - 3 - ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` TUESDAY, THE 11[TH] DAY OF MARCH 2025 / 20TH PHALGUNA, 1946 ``` ``` CRL.MC NO. 1303 OF 2024 ``` ``` CRIME NO.1358/2021 OF KARAMANA POLICE STATION, ``` ## **`THIRUVANANTHAPURAM`** ``` IN CC NO.96 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, ``` ## **`THIRUVANANTHAPURAM`** ## **`PETITIONER/3RD ACCUSED:`** ``` 1SASI A AGED 65 YEARS S/O. AYYAPPAN, RESIDING IN SOPANAM, K G 188-A, KALPAKA GARDENS, PAPPANAMCODE, NEMOM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695018 ``` ``` BY ADV PRAMOD J.DEV ``` ## **`RESPONDENTS/COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031`** ``` 2THE SUB INSPECTOR OF POLICE KARAMANA POLICE STATION, KARAMANA, THIRUVANANTHAPURAM DISTRICT., PIN - 695002 ``` ``` 3AKHILA AGED 36 YEARS D/O SASIKALA, RESIDING IN KGRA 158 E, KALPAKA GARDENS, PAPPANAMCODE, NEMOM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695018 ``` ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** - 4 - ``` BY ADVS. SRI. C.N. PRABHAKARAN, SENIOR PUBLIC PROSECUTOR ARUN CHANDRAN HARIMOHAN(K/000327/2018) AMRITA ARUN(K/1870/2021) ASWATHY S MENON(K/2316/2023) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ORDERS ON 11.03.2025, ALONG WITH CRL.MC.940/2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` - 5 - **==> picture [57 x 58] intentionally omitted <==** ## **`C. JAYACHANDRAN, J.`** ``` --------------------------------------- Crl.M.C.Nos.1303 of 2024 & 940 of 2025 --------------------------------------- Dated, this the 11[th] day of March, 2025 ``` ## **`COMMON ORDER`** ``` A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another ``` ``` [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court inGian Singh v. State of Punjab and another [(2012) 10 SCC 303]. Similarly in Narinder Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to ``` ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** **==> picture [24 x 9] intentionally omitted <==** ``` the extent of sanctioning invocation of the inherent power under Section 482 of the Criminal Procedure Code to quash the F.I.R. in a crime alleging offence under Section 307, which is a heinous and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow: ``` ``` “6.We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” ``` ``` 2.In the facts at hand, petitioners in Crl.M.C. No. ``` ``` 940/2025 are accused nos.1 and 2; and the petitioner in ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` **==> picture [24 x 8] intentionally omitted <==** ``` Crl.M.C. No. 1303/2024 is the 3[rd]accused in Crime No.1358/2021 of Karamana Police Station, Thiruvananthapuram, now pending as C.C.No.96/2022 before the Judicial First Class Magistrate Court-I, Thiruvananthapuram. As per the final report, the offences alleged are under Sections 201, 294(b), 323, 354, 447, 506 and 34 of the Indian Penal Code. The petitioners seek quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties. ``` ``` 3.Heard the learned counsel for the petitioners in both Crl.M.Cs, learned counsel for the defacto complainant and the learned Public Prosecutor. Perused the records. ``` ``` 4.On perusal of the statements of thedefacto complainant and CW2 (injured), recorded by the investigating Officer, it is clear that the issues between the petitioners, the defacto complainant and the injured are settled in mediation before the High Court on 05.02.2025. Therefore, the defacto complainant has no objection in quashing the criminal proceedings against the petitioners/accused. That apart, it is noticed that, along with these Crl.M.Cs, an additional ``` ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** **==> picture [24 x 9] intentionally omitted <==** ``` affidavit has been sworn to by the defacto complainant, wherein she would unequivocally state that the disputes have been amicably settled and that she does not wish to prosecute the case, any further. The defacto complainant would also state that she has no objection in quashing the criminal proceedings against the petitioners. This Court has also perused the settlement agreement executed between the defacto complainant and the 3[rd] accused, wherein the settlement is vouched and no objection to the quashing of the instant Crl.M.Cs are reiterated. This Court, is therefore, convinced that the settlement arrived at is genuine and bonafide. Learned Counsel for the defacto complainant would also endorse that the quashment sought for can be allowed. ``` ``` 5.In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out inNarinder Singh (supra),Madan Mohan Abbot(supra) and Gian Singh (Supra), are fully satisfied. This Court is convinced that further proceedings against the petitioners will be a futile exercise, inasmuch as the disputes have ``` ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** **==> picture [24 x 9] intentionally omitted <==** ``` already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that offences under Sections 323, 447 and 506 are compoundable, which is all the more a reason to accept the compromise between the parties. ``` ``` In the circumstances, this Crl.M.C. is allowed. F.I.R., and Final Report in Crime no.1358/2021 and all further proceedings in C.C.No.96/2022 of the Judicial First Class Magistrate Court-I, Thiruvananathapuram, as against the petitioners in both Crl.M.Cs/accused, are hereby quashed. ``` ## **`Sd/-`** ## **`C. JAYACHANDRAN`** ## **`JUDGE`** ``` SKP ``` ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** - 10 - ## **`APPENDIX OF CRL.MC 1303/2024`** ## **`PETITIONER’S ANNEXURES:`** - **`ANNEXURE A1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER BY THE BAR COUNCIL OF KERALA`** - **`ANNEXURE A2 CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 1358 OF 2021 OF THE KARAMANA POLICE STATION NOW PENDING BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE’S COURT I, THIRUVANANTHAPURAM`** - **`ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1358 OF 2021 OF THE KARAMANA POLICE STATION NOW PENDING BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE’S COURT I, THIRUVANANTHAPURAM`** - **`ANNEXURE A4 A TRUE COPY OF THE ORDER DATED 10.09.2021 IN CRL MC NO. 2061 OF 2021 OF THE HON’BLE SESSIONS COURT, THIRUVANANTHAPURAM`** - **`ANNEXURE A5 A TRUE COPY OF THE SCENE MAHAZAR DATED 29.08.2021 PREPARED BY THE SECOND RESPONDENT`** - **`ANNEXURE A6 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE SISTER AND HUSBAND OF THE THIRD RESPONDENT`** - **`RESPONDENTS’ ANNEXURES:`** - **`ANNEXURE R3(A) A TRUE COPY OF THE COMPLAINT BY THE MOTHER OF THE DE FACTO COMPLAINANT DATE 05.04.2021 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE R3(A)`** ``` ANNEXURE R3(B)A TRUE COPY OF COMPLAINT DATED 17.08.2021 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE R3(B) ``` ``` ANNEXURE R3(C)A TRUE COPY OF THE RECEIPT OF THE COMPLAINT DATED 24.08.2021 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE R3(C) ``` ``` Crl.M.C.Nos.1303 of 2024 & 940 of 2025 ``` ``` 2025:KER:21480 ``` **==> picture [57 x 58] intentionally omitted <==** - 11 - ## **`APPENDIX OF CRL.MC 940/2025`** ## **`PETITIONERS’ ANNEXURES:`** ``` ANNEXURE A1CERTIFIED COPY OF THE FIR IN CRIME NO. 1358 OF 2021 OF THE KARAMANA POLICE STATION ISSUED BY THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE’S COURT I, THIRUVANANTHAPURAM ``` ``` ANNEXURE A2CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1358 OF 2021 OF THE KARAMANA POLICE STATION ISSUED BY THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE’S COURT I, THIRUVANANTHAPURAM ``` ``` ANNEXURE A3A TRUE COPY OF THE ORDER DATED 10.09.2021 IN CRL MC NO. 2061 OF 2021 OF THE HON’BLE SESSIONS COURT, THIRUVANANTHAPURAM ``` ``` RESPONDENTS' ANNEXURES: NIL ``` ``` TRUE COPY ``` ``` P.A. TO JUDGE ```