High Court of KeralaSingle Judge2019-04-04Disposed of; quashed final reports and ongoing ...

Crl.M.C. Nos.880 & 902 of 2019

Case / Petition Number:Crl.M.C.No.880/2019; Crl.M.C.No.902/2019

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Alexander Thomas
Judgment Date: 2019-04-04
Court Decision / Holding: It is ordered that the impugned Anx-C final report in Crime No.425/2018 (Crl.M.C.880/2019) and the final report in Crime No.333/2017 (Crl.M.C.902/2019), along with all further proceedings arising therefrom, stand quashed under Section 482 Cr.P.C. The two Criminal Misc. Cases are disposed of. The court permitted quashing based on genuine settlement and the principle that continued prosecution would waste judicial resources.
Final Disposition: Disposed of; quashed final reports and ongoing proceedings in both cases under Sec. 482 Cr.P.C. With these directions, Crl.M.C. Nos.880 & 902 of 2019 stand finally disposed of on the stated terms.

Parties to the Case

Appellants / Petitioners

SRUTHI W/o MANJUKUMAR
MANJU KUMAR S/O ARAVINDHAKSHAN

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
Sub Inspector of Police, Nedupuzha PS, Thrissur
Rukmini W/o Aravindakshan
Aravindakshan S/o Raman

Legal Representation & Advocates

Counsels for Petitioners

• T.J. Maria Goretti
• Sri Jeemon P. Abraham

Counsels for Respondents

• Public Prosecutor Priya Shanavas
• Simla Prabhakararan

Case Synopsis & Summary

These two criminal miscellaneous petitions, filed under Section 482 Cr.P.C., seek to quash the Anx-C final reports in two crimes arising from Nedupuzha Police Station, Thrissur. Crl.M.C. No.880/2019 concerns Crime No.425/2018 (now pending as CC No.1503/2018 before the Judicial First Class Magistrate Court-II, Thrissur) and the petitioner is Sruthi W/o Manjukumar; the defacto complainant is Rukmini W/o Aravindakshan. Crl.M.C. No.902/2019 concerns Crime No.333/2017 (now pending as CC No.1654/2017 before JFCM-II, Thrissur) with Manju Kumar and Sruthi as petitioners and the defacto complainants being Aravindakshan S/o Raman and Rukmini. The prayers are to quash the final reports on the ground of a genuine settlement between the accused and the defacto complainants. The petition record includes affidavits of settlement from the defacto complainants indicating no objection to quashing. The court notes settlements in light of decisions of the Apex Court (Gian Singh v State of Punjab; Narinder Singh v State of Punjab) and invokes the inherent powers under Sec.482 Cr.P.C. to quash in appropriate cases where continuing prosecution serves no purpose. On considering the materials, the court holds there is a real settlement and continuance would waste judicial time; hence the final reports and further proceedings are quashed in both cases. The petitions are disposed of accordingly.

Provisions of Law Cited

Section 482 of Cr.P.C.Sections 341, 323, 324 & 506(ii) IPCSection 34 IPCSection 482 Cr.P.C.

Legal Doctrines & Maxims

Inherent powers of the High Court under Section 482 Cr.P.C. to quash criminal proceedings in appropriate cases
Settlement between parties can justify quashing even for non-compoundable offences
Gian Singh v. State of Punjab
Narinder Singh and others v. State of Punjab and anr
Continuance of prosecution would not serve any purpose

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that the disputes between the accused and the de facto complainant have been resolved through a genuine settlement. They rely on the High Court’s power under Sec.482 Cr.P.C. to quash prosecutions where further continuation would be futile and where the settlement eliminates the need for ongoing litigation, citing Gian Singh and Narinder Singh to justify quashing the pending final reports and related proceedings.

Contentions of Respondents

The respondents, supported by affidavits from the de facto complainants, submit that the disputes have been amicably settled and have no objection to quashing the proceedings; they urge that the Court consider settlement and invoke the inherent powers under Sec.482 Cr.P.C. to avoid unwarranted continuance of prosecution where public interest is served by finalizing settlements.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab	2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303	Positive	Cited and applied to support quashing where settlement exists and continued prosecution would be futile.
Narinder Singh and others v. State of Punjab and anr	(2014) 6 SCC 466	Positive	Cited for the principle that settlement can warrant quashing under 482 Cr.P.C. in appropriate cases.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941** ## **Crl.MC.No. 880 of 2019** **TO QUASH ANNEXURE C FINAL REPORT IN CRIME NO:0425/2018 OF NEDUPUZHA POLICE STATION, THRISSUR DISTRICT AND PROCEEDINGS PURSUANT TO THE SAME NOW PENDING AGAINST THE PETITIONERS AS C.C.NO:1503/2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURTII, THRISSUR** **CRIME NO. 0425/2018 OF NEDUPUZHA POLICE STATION, THRISSUR** ## **PETITIONER/ACCUSED** **SRUTHI W/O MANJUKUMAR,ODATTIL HOUSE, KANIMANGALAM DESAM, KANIMANGALAM VILLAGE, THRISSUR DISTRICT.** **BY ADVS. SMT.T.J.MARIA GORETTI SRI.JEEMON P.ABRAHAM** ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN-682031. 2 SUB INSPECTOR OF POLICE, NEDUPUZHA.P.S, THRISSUR-680007. 3 RUKMINI W/O.ARAVIDHAKSHAN,ODATTIL HOUSE, SRA 90, KANIMANGALAM DESAM, KANIMANGALAM VILLAGE, THRISSUR DISTRICT-680027.** **SMT.PRIYA SHANAVAS,PUBLIC PROSECUTOR FOR R1 AND R2 SMT.SIMLA PRABHAKARAN FOR R3** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.04.2019, ALONG WITH Crl.MC.902/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C. Nos.880 & 902 of 2019 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941** ## **Crl.MC.No. 902 of 2019** **TO QUASH ANNEXURE C FINAL REPORT IN CRIME NO:0333/2017 OF NEDUPUZHA POLICE STATION, THRISSUR DISTRICT AND PROCEEDINGS PURSUANT TO THE SAME NOW PENDING AGAINST THE PETITIONERS AS C.C.NO.1654/17 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR** **CRIME NO. 333/2017 OF NEDUPUZHA POLICE STATION, THRISSUR** ## **PETITIONERS/ACCUSED** - **1 MANJU KUMAR, S/O.ARAVINDHAKSHAN, ODATTIL HOUSE, KANIMANGALAM DESAM, KANIMANGALAM VILLAGE, THRISSUR DISTRICT.** - **2 SRUTHI, W/O.MANJUKUMAR, ODATTIL HOUSE, KANIMANGALAM DESAM, KANIMANGALAM VILLAGE, THRISSUR DISTRICT.** **BY ADVS. SMT.T.J.MARIA GORETTI SRI.JEEMON P.ABRAHAM** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANT** - **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.** - **2 SUB INSPECTOR OF POLICE, NEDUPUZHA P.S., THRISSUR-680007.** - **3 ARAVINDHAKSHAN, S/O.RAMAN, ODATTIL HOUSE, MANKUZHY, SRA 90, KANIMANGALAM DESAM, KANIMANGALAM VILLAGE, THRISSUR DISTRICT-680027** Crl.M.C. Nos.880 & 902 of 2019 3 **4 RUKMINI, AGED 73 YEARS W/O.ARAVINDHAKSHAN, ODATTIL HOUSE, SRA 90, KANIMANGALAM DESAM, KANIMANGALAM VILLAGE, THRISSUR DISTRICT-680027.** **BY ADV. SMT.SIMLA PRABHAKARAN** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.04.2019, ALONG WITH Crl.MC.880/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C. Nos.880 & 902 of 2019 4 ## **ALEXANDER THOMAS, J.** **= = = = = = = = = = = = = = = = =** ## **Crl.M.C. Nos.880 & 902 of 2019** **- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 04[th] day of April, 2019 ## **O R D E R** The prayers made in these two Crl.M.Cs filed under Sec.482 of the Cr.PC invoking the inherent powers conferred on this Court as per that provision is to quash respective impugned criminal proceedings in these cases which essentially arise out of two crimes which are said to be case and counter case and the prayer for quashment in both these cases is made on the basis of settlement arrived at between the accused persons and defacto complainant. Crl.M.C.No.880/2019 arises out of Anx-B FIR in Crime No.425/2018 of Nedupuzha Police Station, Thrissur, which has been registered for offence punishable under Secs.341, 323, 324 & 506(ii) of the I.P.C, in which the petitioner is the accused therein and the 3[rd] respondent herein is the defacto complainant therein in relation to that crime. Crl.M.C.No.902/2019 arises out of counter case viz., Anx-B FIR in Crime No.333/2017 of Nedupuzha Police Station, Thrissur, which has been registered for offence punishable under Secs.341, 323 & 506 r/w Sec.34 of the I.P.C, in which the petitioner is the accused therein and the 3[rd] Crl.M.C. Nos.880 & 902 of 2019 5 respondent herein is the defacto complainant therein in relation to that crime. The 3[rd] respondent in Crl.M.C.No.880/2019 has sworn to affidavit produced as Annx.-D in that Crl.M.C whereby she has stated that the entire disputes against the petitioner-accused, have been fully settled and that she has no objection in quashing the pending criminal proceedings against the petitioner in Crl.M.C.No.880/2019. So also the contesting respondents in Crl.M.C.No.902/2019 have sworn to affidavits as Anxs-D & E therein stating the same aspects regarding settlement and also stated that they have no objection in quashing the impugned criminal proceedings. In Crl.M.C.No.880/2019, the police after investigation has submitted impugned Anx-C final report in Crime No.425/2018 and the case is now pending as C.C.No.1503/2018 on the file of the Judicial First Class Magistrate Court-II, Thrissur. So also, in Crl.M.C.No.902/2019, the police after investigation has submitted the impugned Anx-C final report in the impugned Crime No.333/2017 and the case is now pending as C.C.No.1654/2017 on the file of JFCM-II, Thrissur. It is these proceedings that are sought to be quashed on the ground of settlement. 2. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the Crl.M.C. Nos.880 & 902 of 2019 6 continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and _**Narinder Singh and others v. State of Punjab and anr**_ . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment. ## 3. Accordingly, the following orders and directions are issued: (i) It is ordered in Crl.M.C.No.880/2019 that the impugned Anx-C final report in Crime No.425/2018 of Nedupuzha Police Station, Thrissur District, which is now pending as C.C.No.1503/2018 on the file of the Judicial First Class Magistrate Court-II, Thrissur and all further proceedings arising therefrom pending against the accused therein will stand quashed under Sec.482 of the Code of Criminal Procedure. (ii) It is also ordered in Crl.M.C.No.902/2019 that the impugned Anx-C final report in Crime No.333/2017 of Nedupuzha Police Station, Thrissur District and all further proceedings arising therefrom pending against the accused therein will stand quashed under Sec.482 of the Code of Crl.M.C. Nos.880 & 902 of 2019 7 Criminal Procedure. With these observations and directions, these Crl.M.Cs stand finally disposed of. **Sd/ALEXANDER THOMAS JUDGE** vgd Crl.M.C. Nos.880 & 902 of 2019 8 ## **APPENDIX OF Crl.MC 880/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A TRUE COPY OF THE STATEMENT DATED 24-06-2018 GIVEN BY THE THIRD RESPONDENT TO THE NEDUPUZHA POLICE** **ANNEXURE B TRUE COPY OF THE FIR REGISTERED BY THE NEDUPUZHA POLICE IN CRIME NO.0425/2018 ANNEXURE C TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE S.I.OF POLICE,NEDUPUZHA IN CRIME NO.0425/2018 OF NEDUPUZHA POLICE STATION. ANNEXURE D AFFIDAVIT EXECUTED BY THE THIRD RESPONDENT DATED 25.11.2018 DATED 25/11/2018.** Crl.M.C. Nos.880 & 902 of 2019 9 ## **APPENDIX OF Crl.MC 902/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE-A TRUE COPY OF THE STATEMENT DATED 6/3/2017 GIVEN BY THE THIRD RESPONDENT TO THE NEDUPUZHA POLICE. ANNEXURE-B TRUE COPY OF THE FIR REGISTERED BY THE NEDUPUZHA POLICE IN CRIME NO. 0333/2017 ANNEXURE-C TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE S.I. OF POLICE, NEDUPUZHA IN CRIME NO. 0333/2017 OF NEDUPUZHA POLICE STATION. ANNEXURE-D AFFIDAVIT EXECUTED BY THE THIRD RESPONDENT DATED 25/11/2018 ANNEXURE-E AFFIDAVIT EXECUTED BY THE RESPONDENT DATED 25/11/2018.**