Crl.M.C.No.4107 of 2014

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** **WEDNESDAY, THE 3RD DAY OF SEPTEMBER 2014/12TH BHADRA, 1936** **Crl.MC.No. 4107 of 2014 () ---------------------------** **AGAINST THE ORDER/JUDGMENT IN CC 243/2009 of J.M.F.C.-II,PALAKKAD CRIME NO. 79/2009 OF KONGAD POLICE STATION , PALAKKAD** **PETITIONERS/ACCUSED NOS. 1 & 5 TO 10:** **-------------------------------------** **1. JAYAKRISHNAN, AGED 30 YEARS, S/O JAGATHEESAN, KADAPPIL HOUSE, KAYARAMKODE, MUNDOOR, PALAKKAD 678592** **2. MOIDEEN K.A, AGED 29 YEARS, S/O ABDUL RAHMAN, KADAPPIL HOUSE, MUNDOOR, PALAKKAD 678592** **3. PRAKASAN K.K, AGED 29 YEARS, S/O KRISHANKUTTY, KAYARAMKODE HOUSE, MUNDOOR PALAKKAD 678592** **4. RATHEESH K.K, AGED 29 YEARS S/O KRISHNANKUTTY, KAPPIL HOUSE, KAYARAMKODE MUNDOOR, PALAKKAD 678592** **5. SANTHOSH K.B, AGED 29 YEARS, S/O. BALAKRISHNAN, KAPPIL HOUSE, KAYARAMKODE MUNDOOR, PALAKKAD 678592** **6. SUMITH K.S, AGED 30 YEARS S/O SASIDHARAN, KAYARAMKODE HOUSE, MUNDOOR PALAKKAD 678592** **7. RIYAS K.M, AGED 28 YEARS, S/O MUSTHAFA, KAPPIL HOUSE, KAYARAMKODE, MUNDOOR, PALAKKAD 678592** **BY ADVS.SRI.T.B.HOOD SMT.M.ISHA** **RESPONDENTS/STATE & INJURED (VICTIMS):** **--------------------------------------** **1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, PALAKKAD DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031** **2. SANTHOSH, AGED 33 YEARS S/O APPUKUTTY, KUNDUPALLY HOUSE, KARIMBA, PALAKKAD 678 597** **3. ISMAIL,, AGED 32 YEARS S/O ABOOBACKER, KALIPADATH VEEDU, NATTUKAL, PALAKKAD 678583** **4. RADHAKRISHNAN,, AGED 44 YEARS, S/O PARAMESWARAN, MUNDAKKATTIL HOUSE, THACHAMPARA PALAKKAD 678593** **R2 TO R4 BY ADV. SRI.C.P.PRADEEP R1 BY PUBLIC PROSECUTOR SMT. SAREENA P. GEORGE** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Crl.MC.No. 4107 of 2014 ()** ## **---------------------------** ## **APPENDIX** ## **PETITIONERS' ANNEXURES:** **-----------------------** **ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CC NO 243/2009 ON THE FILE OF THE JUDICIAL IST CLASS MAGISTRATE COURT II PALAKKAD** **ANNEXURE A II TRUE COPY OF THE STATEMENT GIVEN BY THE 2ND RESPONDENT TO THE POLICE.** **ANNEXURE A III TRUE COPY OF THE WOUND CERTIFICATE IN RESPECT OF THE 2ND RESPONDENT.** **ANNEXURE A IV TRUE COPY OF THE WOUND CERTIFICATE IN RESPECT OF THE 3RD RESPONDENT.** **ANNEXURE A V AFFIDAVIT DATED 01-07-2014 SWORN TO BY THE 2ND RESPONDENT.** **ANNEXURE A VI AFFIDAVIT DATED 10-07-2014 SWOTN TO BY THE 3RD RESPONDENT.** **ANNEXURE A VII AFFIDAVIT DATED 01-07-2014 SWORN TO BY THE 4TH RESPONDENT.** **RESPONDENTS' ANNEXURES;NIL** **--------------------------** **/TRUE COPY/** **P.S TO JUDGE** **cl** ## **K. RAMAKRISHNAN, J.** ................................................. Crl.M.C.No.4107 of 2014 .................................................. Dated this the 3[rd] day of September, 2014. ## **O R D E R** This Criminal Miscellaneous Case is filed by the petitioners, who are accused 1 & 5 to 10 in C.C.No.243/2009 on the file of the Judicial First Class Magistrate Court-II, Palakkad to quash the proceedings on the basis of the settlement under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). 2. It is alleged in the petition that the petitioners were arrayed as accused 1& 5 to 10 in Crime No.79/2009 of Kongad police station which was registered on the basis of a statement given by the second respondent as defacto complainant alleging offences under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code. After investigation, Annexure-A1 final report was filed and it was taken on file as C.C.No.243/2009 on the file of the Judicial First Class Magistrate Court-II, Palakkad. The entire matter has been settled between the parties. The parties were known to each other. Due to intervention of well wishers of both the parties, the matter has been settled and their old relationship has been restored. The defacto complainant and other injured do not want to prosecute the petitioners as well. Since some of the offences are non 2 Crl.M.C.No.4107 of 2014 compoundable in nature, they could not file application before the court below. On account of the settlement, there is no possibility of conviction as well. So the petitioners have no other remedy except to approach this Court seeking the following relief: For these and other grounds that may be allowed to be advanced at the time of hearing, it is most respectfully prayed that this Hon'ble Court may be pleased to quash all proceedings in Annexure A- st I Final Report pending before the Judicial 1 class Magistrate CourtII, Palakkad in C.C.No.243/2009 a4rising out of Crime No.79/2009 of Kongad Police Station and allow this petition accordingly. 3. Respondents 2 to 4 have appeared through counsel and submitted that they have no objection in quashing the proceedings as the matter has been settled due to intervention of well wishers of both the parties. 4. The counsel for the petitioners also submitted that in view of the settlement, there is no possibility of conviction and so he prayed for allowing the application. He had also submitted that the third accused is no more and since accused 2 and 4 are absconding, they could not join for settlement, but he restricted the claim for the petitioners alone. 5. The learned Public Prosecutor, on instructions, as directed by this Court submitted that except this case, there is no other case against the petitioners, but opposed the petition for quashing the proceedings invoking the power under Section 3 Crl.M.C.No.4107 of 2014 482 of the Code. 6. It is an admitted fact that the petitioners along with others were made accused in Crime No.79/2009 of Kongad police station which was registered on the basis of the statement given by the second respondent as defacto complainant alleging that the petitioners have formed themselves into an unlawful assembly, wrongfully restrained them and beaten them with hands and the second respondent along with respondents 3 and 4 also sustained some injury and thereby all the petitioners and others have committed the offences punishable under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code. After investigation, Annexure-A1 final report was filed against the petitioners and others which was taken on file as C.C.No.243/2009 and now pending before the Judicial First Class Magistrate Court-II, Palakkad. It is seen from the report received from the court below that the third accused reported dead and so charge against him abated and accused 2 and 3 are absconding and other accused persons, who are the petitioners herein, are on bail. It is seen from the affidavits filed by respondents 2 to 4 that the matter has been settled between the parties and it was caused on account of the misunderstanding between the parties which has been settled due to intervention of well wishers and there is no possibility of conviction as well. There is no public interest 4 Crl.M.C.No.4107 of 2014 involved in the case. It cannot be treated as a political dispute or other dispute having public interest as well. Proceeding with the case as against the petitioners will only be wastage of judicial time. Since offences under Sections 143 and 147 are included, which are non compoundable in nature and other offences are compoundable in nature, they could not file application before the court below. Further in the wound certificate, there is no external injury noted as well. 7. In the decision reported in **Gian Singh v. State of Punjab** [2010 (4)KLT 108 (SC)] the Supreme Court has been held that if it is a private dispute which resulted in registration of the crime and there is no public interest involved and if the matter has been settled between the parties and proceeding with the case will only amount to wastage of judicial time, then the court can invoke the power under Section 482 of the Code to quash the proceedings in order to promote settlement. 8. In view of the dictum laid down in the above decision and also considering the fact that it is a private dispute, which resulted in registration of the crime and filing of the final report which has been now settled between the parties and on account of the settlement, there is no possibility of conviction and proceeding with the case will only amount to wastage of judicial time, the court feels that it is a fit case to invoke the power under Section 482 of the Code to quash the proceedings. 5 Crl.M.C.No.4107 of 2014 9. So, this petition is allowed and further proceedings in C.C.No.243/2009 (Crime No.79/2009 of Kongod police station) pending before the Judicial First Class Magistrate Court-II, Palakkad as against the petitioners, who are accused 1 & 5 to 10 is hereby quashed. Office is directed to communicate this order to the concerned court immediately. **==> picture [32 x 12] intentionally omitted <==** **K. RAMAKRISHNAN, JUDGE.** cl /true copy/ P.S to Judge Crl.M.C.No.4107 of 2014 6