Crl.M.C.No.1232 of 2013

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.T.Ravikumar
Judgment Date: 2013-03-14
Court Decision / Holding: Quashed. Annexure-A1 final report in Crime No.282 of 2011 and all proceedings in C.C.No.111 of 2012 before the Court of CJM, Kollam, are hereby quashed as against the petitioners (Crl.M.C. Nos. 1–7).
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Primon
Nishad Khan
Sabarinath H.
Vishnu Raj
Sagar Jacob
Jigin Raj
Vishnu Vijayan

Respondents

State of Kerala represented by Public Prosecutor, Ernakulam
Saju
Anzin
Delvin
Rijo

Legal Representation & Advocates

Counsels for Petitioners

• Sri.S.Biju

Counsels for Respondents

• Sri.Johnson Gomez
• Public Prosecutor SMT.S.Hyma

Case Synopsis & Summary

This is a Criminal Miscellaneous Case (Crl.M.C.No.1232 of 2013) filed before the High Court of Kerala at Ernakulam by seven accused persons (petitioners) in Crime No.282 of 2011 of Kollam East Police Station, arising from an incident on 14 March 2011, in which the petitioners allegedly attacked the defacto complainant and other injured persons using cable wire and bricks, resulting in injuries. The petition seeks quashment of Annexure-A1 final report and all further proceedings in C.C.No.111 of 2012 before the Chief Judicial Magistrate, Kollam, under various IPC sections (143, 147, 148, 324 and 149). The petition relies on affidavits (Annexures A2–A5) from injured respondents stating that the entire dispute has been amicably settled with the petitioners, and that they have no objection to quashing the proceedings. The High Court, acknowledging that the offence alleged includes non-compoundable elements but noting the settlements and the purely personal nature of the dispute, invokes the inherent power under section 482 Cr.P.C and Gian Singh v. State of Punjab to terminate proceedings. Accordingly, the court allows the Crl.M.C and quashes the final report and all further proceedings in the case against the petitioners, effectively bringing the matter to an end.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 324 IPCSection 149 IPCSection 482 Cr.P.C

Legal Doctrines & Maxims

Gian Singh v. State of Punjab (2012) 4 KLT 108 SC - principle of exercising inherent jurisdiction under section 482 Cr.P.C to terminate criminal proceedings when disputes are settled and interest of justice requires quashing.

Submissions & Arguments

Contentions of Appellants / Petitioners

Applicants contend that the entire lis has been amicably settled as evidenced by affidavits (Annexures A2–A5) and that the proceedings are purely personal. They rely on the settled disputes and the Court’s inherent power under 482 Cr.P.C to quash, notwithstanding the non-compoundable offence allegation, to end unnecessary criminal proceedings.

Contentions of Respondents

Respondents (2–5) and the Public Prosecutor conceded the disputes have been settled and supported quashing in the interests of justice, stressing the affidavits and the absence of ongoing grievance, while acknowledging the non-compoundable nature of some offences could ordinarily obstruct quashing.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab	2012 (4) KLT 108 SC	Positive	Cited to justify exercise of inherent jurisdiction under 482 Cr.P.C to terminate proceedings where disputes have been settled; supports quashing in the interests of justice.

Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THURSDAY, THE 14TH DAY OF MARCH 2013/23RD PHALGUNA 1934 Crl.MC.No. 1232 of 2013 () --------------------------- CC.111/2012 of C.J.M.,KOLLAM CRIME NO. 282/2011 OF KOLLAM EAST POLICE STATION, KOLLAM PETITIONER(S)/ACCUSED NO. 1 TO 7: ------------------------------------------- - 1.PRIMON, AGED 24 YEARS - SON OF GEORGE, OORAM PALLIL HOUSE, M.W.R.A NAGAR-60 UDAYAMARTHANDAPURAM CHERI, CHINNAKKADA P.O. MUNDAKKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. - 2.NISHAD KHAN, AGED 21 YEARS S/O. A.K.KOYA, NOUSHAD MANZIL, NEAR ST. JOHNS SCHOOL PERUNGALA MURI, PERUNGALA P.O., KAYAMKULAM VILLAGE KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. 3. SABARINATH H. AGED 21 YEARS SON OF HARSHAN, RESIDING AT SABARI, IDAKULANGARA P.O. IDAKULANGARA MURI, THODIYOOR VILLAGE KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. - 4.VISHNU RAJ, AGED 23 YEARS SON B.RAJENDRAN NAIR, RESIDING AT KAIPPALLY PANAYIL NAVAJYOTHY NAGAR-40, KADAPPAKKADA P.O. KOLLAM EAST VILLAGE, KOLLAM TALUK KOLLAM DISTRICT-691008. - 5.SAGAR JACOB, AGED 22 YEARS S/O. JACOB, RESIDING AT ODASSERI THOPPIL V.K.D.A. NAGAR-39, VADAKKUMBHAGAM CHERI CHINNAKKADA P.O., KOLLAM EAST VILLAGE, KOLLAM TALUK KOLLAM DISTRICT. - 6.JIGIN RAJ, AGED 22 YEARS S/O. THYAGARAJAN, VAIDYAN KARALIL, A.R.A.NAGAR-102(A) KOTTAMALA CHERI, CHINNAKKADA P.O., MUNDAKKAL VILLAGE KOLLAM TALUK, KOLLAM DISTRICT. - 7.VISHNU VIJAYAN, AGED 24 YEARS S/O. VIJAYA KRISHNAN, TADATHIL HOUSE NEAR KALANGU MUKKU, KANDACHIRA CHERI, KOTTIYAM P.O. MAYANADU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.S.BIJU ## RESPONDENTS/STATE/DEFACTO COMPLAINANTS: ------------------------------------------------------- 1.STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2.SAJU, AGED 20 YEARS SON OF DASAN, RESIDING AT S.S.BHAVAN KAIKKARA PURAYIDAM, 138-B, PALLITHOTTAM P.O. KOLLAM WEST VILLAGE, KOLLAM TALUK KOLLAM DISTRICT-691006. 3.ANZIN, AGED 21 YEARS SON OF SHAJUDDIN, RESIDING AT MANAMBALLI THEKKATHIL HOUSE, MUSLIM STREET, PADINJATTINKARA MURI KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK KOLLAM DISTRICT-691506. 4.DELVIN, AGED 20 YEARS SON OF NORBET, RESIDING AT GRACE COTTAGE PALLITHOTTAM P.O., KOLLAM WEST VILLAGE, KOLLAM TALUK KOLLAM DISTRICT-691006. 5.RIJO, AGED 20 YEARS SON OF JOSEPH, RESIDING AT SNEHA THERAM NAGAR-11 PALLITHOTTAM P.O., KOLLAM WEST VILLAGE, KOLLAM TALUK KOLLAM DISTRICT-691006. R2-R5 BY ADV. SRI.JOHNSON GOMEZ R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1232 of 2013 () --------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE A1:A TRUE PHOTOCOPY OF THE CHARGE SHEET IN CRIME NO. 282/11 OF THE KOLLAM EAST POLICE STATION. ANNEXURE A2:AFFIDAVIT DATED 17TH DAY OF NOVEMBER 2012 SWORN BY THE SECOND RESPONDENT. ANNEXURE A3: AFFIDAVIT DATED 17TH DAY OF NOVEMBER 2012 SWORN BY THE THIRD RESPONDENT. ANNEXURE A4:AFFIDAVIT DATED 17TH DAY OF NOVEMBER 2012 SWORN BY THE FOURTH RESPONDENT. ANNEXURE A5:A TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 17TH DAY OF NOVEMBER 2012 SWORN BY THE FIFTH RESPONDENT. RESPONDENT(S)' EXHIBITS:NIL ----------------------------------- //TRUE COPY// P.A.TO JUDGE ## **C.T. RAVIKUMAR, J. ========================== CRL.M.C. No.1232 OF 2013 ==========================** Dated this the 14[th] day of March, 2013 ## **ORDER** Petitioners are accused Nos.1 to 7 in C.C.No.111 of 2012 on the files of the Court of Chief Judicial Magistrate, Kollam arising from crime No.282 of 2011 of Kollam East Police Station. They are charged under sections 143, 147, 148, 324 and 149 of the Indian Penal Code. The allegation against the petitioners is that on 14.3.2011, at 9.45 a.m., while the defacto complainant was proceeding to Fathima Matha National College, Institute of Distant Education, they attacked him using cable wire, bricks etc. and caused injuries on him. The petitioners are also students of the same college. Admittedly, the aforesaid crime was registered at the instance of the second respondent herein. The second respondent as also respondents 3 to 5 sustained injuries in the said attack at the hands of the petitioners. Annexure-A1 is the final report laid in the said crime. This petition is **Crl.M.C.1232/13** 2 filed seeking quashment of Annexure-A1 final report and all further proceedings in C.C.No.111 of 2012 on the files of the Court of Chief Judicial Magistrate, Kollam pursuant thereto on the strength of Annexures-A2 to A5 which are the affidavits sworn in respectively by respondents 2 to 5 herein. As noticed hereinbefore, respondents 2 to 5 are the injured persons and in the aforesaid affidavits, it is stated by them that the entire disputes involved in this case have been amicably settled by them with the petitioners. In such circumstances, it is stated that they got no objection in quashing Annexure-A1 final report and all further proceedings pursuant thereto in C.C.No. 111 of 2012 on the files of the Court of Chief Judicial Magistrate, Kollam as against the petitioners. 2. I have heard the learned counsel for the petitioners, learned counsel appearing for respondents 2 to 5 and also the learned Public Prosecutor. True that allegation of commission of noncompoundable offence has also been raised against the petitioners. However, considering the fact that the parties have settled and **Crl.M.C.1232/13** 3 compromised the entire lis involved in this case and that the case involved is purely personal in nature, I am of the view that inclusion of non-compoundable offence in the FIR as also in the final report cannot be a reason for this Court to decline exercise of inherent jurisdiction under section 482 Cr.P.C to bring about termination of the entire proceedings against the petitioners. It is evident from Annexures-A2 to A5 and also the submissions made on behalf of respondents 2 to 5 that the entire disputes have been settled. In the said circumstances, in the light of the decision of the Hon'ble Supreme Court in **Gian Singh v. State of Punjab [2012 (4) KLT 108 SC],** this Court is having a duty to terminate continuation of the criminal proceedings against the petitioners as it has become absolutely unnecessary. In view of the above discussions, I am of the view that it is only appropriate, in the interest of justice, to prevent continuation of proceedings in C.C.No.111/2012, against the petitioners. Resultantly, this Crl.M.C is allowed. Annexure-A1 final report in crime No.282 of 2011 of Kollam East Police Station and all further **Crl.M.C.1232/13** 4 proceedings pursuant thereto in C.C.No.111 of 2012 on the files of the Court of Chief Judicial Magistrate, Kollam as against the petitioners are hereby quashed. **Sd/C.T. RAVIKUMAR (JUDGE)** **spc/** **Crl.M.C.1232/13** 5 **C.T. RAVIKUMAR, J.** **JUDGMENT September, 2010** # **Crl.M.C.1232/13** 6