Crl.M.C.No.6879 of 2014 (B)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: ## THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 19TH DAY OF DECEMBER 2014/28TH AGRAHAYANA, 1936 Crl.MC.No.6879 of 2014 (B) --------------------------CRIME NO. 887/2009 OF KASARAGOD POLICE STATION, KASARGOD PETITIONERS/ACCUSED: - ---------------------------- 1. C.M. MOHAMMED SAJJAD, AGED 18 YEARS S/O.ABDUL SALAM, SAJJAD MANZIL, KALIYAKKAD ROAD CHOORI, KUDULU, KASARAGOD. 2. MOHAMMED RAASHID, S/O.UBAID, AGED 20 YEARS NEAR GULF QUARTERS, CHOORI, KUDULU KASARAGOD. 3. A.S. MOHAMMED SHAMSEER, S/O.SHAFI, AGED 18 YEARS NEAR GULF QUARTERS, CHOORI, KUDULU KASARAGOD. 4. B.N. ABDUL FAYIZ, AGED 16 YEARS S/O.ABDUL NAZAR, BAYIKKARA VILLA, NEAR GULF QUARTERS CHOORI, KUDULU, KASARAGOD. 5. C.A. ISMAIL SHAREEF, S/O.ABBAS, AGED 18 YEARS NEAR NOORUL HUDA MASJID, CHOORI, KUDULU KASARAGOD. 6. C.S. MOHAMED RASHID, S/O.SULAIMAN, AGED 19 YEARS NEW BADARYA HOUSE, NEAR KRISHNA THEATRE VETTAMPARA KUDULU, KASARAGOD. 7. C.M. SALEEM, S/O.MOIDEEN KUNHI, AGED 19 YEARS VETTAMPARA, KUDULU, KASARAGOD 8. C.M. ASHRAF ALI, AGED 21 YEARS, S/O.MOIDEEN KUNHI, NEW BADARIYA HOUSE, CHOORI KUDULU KASARAGOD BY ADV. SRI.K.K.MOHAMED RAVUF ## RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA - REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. VASANTHA SHETTI, S/O.VITTAL SHETTY SOORLU HOUSE, R.D.NAGAR, KASARGOD. R2 BY SRI.K.A.ANISH R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-122014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 6879 of 2014 () --------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------ ANNX.A1 - CERTIFIED COPY OF THE FIR IN CRIME NO.887/2009 OF KASARGOD POLICE STATION ANNX.A2 - AFFIDAVIT DATED 14-11-2014 SWORN BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL ------------------------------- // TRUE COPY // P.A TO JUDGE. ## **ALEXANDER THOMAS, J. ----------------------------Crl.M.C.No.6879 Of 2014 --------------------------------Dated this the 19[th] day of December, 2014.** ## **O R D E R** The prayer in this Crl.M.C is to quash all further proceedings in the impugned Annexure A-1 Crime No.887/2009 of Kasargod Police Station. The said crime has been registered for offences punishable under Secs. 143, 147, 148, 323, 324, 452, 427, 308, 153(A) r/w 149 IPC which has registered on the basis of complaint lodged by the 2[nd] respondent. The prosecution case is that on 6.12.2009 at about 12:30 hrs, the 1[st] accused and 20 other Muslim identifiable youths have formed themselves in to an unlawful assembly, assaulted 2[nd] respondent with wooden sticks by committing criminal trespass in to the courtyard of this house, caused damage to the window glass and criminal mischief and thus committed the offence. It is stated that the police arrested the accused and that they are released on bail. It is submitted that the entire disputes between the petitioners and 2[nd] respondent (defacto complainant) has been settled. The 2[nd] respondent has sworn to an affidavit dated 14.11.2014 ::2:: ## **Crl.M.C.No.6879 Of 2014** produced as Annexure A-2 in this Crl.M.C. Therein the 2[nd] respondent has stated that though the police arrested the accused and accused were released on bail and those really involved in the above case were not traceable and those arrested in the case are not the real persons in the above case. It is further stated in Annexure A-2 affidavit that the issues between the petitioners and 2[nd] respondent are settled due to mediators and well wishers and that the 2[nd] respondent has no further grievances against the petitioners and that he has no further grievances or complaints against them in view of the settlement and that further continuation of the impugned criminal proceedings against the petitioners in the above case would seriously affect the harmonious relationship between the parties and that the 2[nd] respondent has no personal grievances against the petitioners/accused in the above case and that the impugned criminal proceedings may be quashed. It is stated that accused Nos.2, 3 and 6 to 8 are students and accused Nos.1 & 3 are youth employed in petty trades and none of them are connected with the incident and they they were implicated on misunderstanding. It is in the light of these ::3:: ## **Crl.M.C.No.6879 Of 2014** aspects, that the petitioner has filed the instant Crl.M.C seeking invocation of the inherent powers conferred on this Court under Sec. 482 Cr.P.C with the prayer to quash the impugned Annexure A-1 FIR in Crime No.887/2009 of Kasaragod Police Station and all further proceedings arising therefrom. 2. The Crl.M.C has been admitted and Sri.K.A.Anish, Advocate, has taken notice for the 2[nd] respondent and the learned Public Prosecutor has taken notice for the 1[st] respondent-State of Kerala. 3. Heard Sri.K.K.Mohamed Ravuf, learned counsel appearing for the petitioners, Sri.K.A.Anish, learned counsel appearing for the 2[nd] respondent and the learned Public Prosecutor appearing for the 1[st] respondent. 4. The learned counsel for the petitioner has submitted that during the pendency of the aforementioned criminal proceedings, the matter has been settled amicably between the parties, and that the continuation of the proceedings in the above case/crime will cause miscarriage of justice to both parties as the real disputants to the controversy have arrived ::4:: ## **Crl.M.C.No.6879 Of 2014** at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State. 5. Sri.K.A.Anish, learned counsel appearing for the 2[nd] respondent has submitted on the basis of the specific instructions furnished by the 2[nd] respondent that the 2[nd] respondent has amicably settled the disputes with the petitioners and that he has no objection in the quashment of the impugned criminal proceedings and that the complainant/victim/injured does not intend to proceed any further against the petitioners as he has no grievance against them and that they will not raise any dispute/complaint in future if the prayer for quashing the impugned final report is allowed. 6. The learned Public Prosecutor also was heard and submitted that this Court may consider the prayer in this case in the light of the law well settled by the Apex Court in that regard. ::5:: ## **Crl.M.C.No.6879 Of 2014** 7. After having carefully considered the submissions of the parties and after having perused the pleadings as well as the documents and materials placed in this matter, it can be seen that the offences alleged are more or less personal in nature. The crucial aspect of the matter is that though such offences are involved, the real disputants to the controversy, which has led to the impugned criminal proceedings, have actually arrived at an amicable settlement of the matter. From the submissions made by the learned counsel for the 2[nd] respondent, it is clear to the Court that the injured/victim/defacto complainant has no further grievance against the petitioners/accused in the light of the settlement arrived at by them. 8. In this connection, it is relevant to note the decision of the Apex Court in the case between _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160, para 61 = (2012) 10 SCC 303 = 2012(4) KLT 108(SC), wherein the Supreme Court has held as follows in para 61 thereof [ See SCC (Cri)]: _“61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the_ ::6:: ## **Crl.M.C.No.6879 Of 2014** _offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.._ ## It is further held as follows:- “...... _... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........”_ ## In the decision reported in the case _**Yogendra Yadav & others**_ _**v. The State of Jharkhand & another**_ reported in 2014 (8) Scale 634 = III (2014) Current Criminal Reports CCR 426 (SC), the Apex Court has held as follows: _“When the High Court is convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them”._ ::7:: ## **Crl.M.C.No.6879 Of 2014** The Apex Court in the above case was dealing with a case involving offences under Sections 341, 323, 324, 504 & 307 r/w Section 34 Indian Penal Code. 9. Considering the facts and circumstances of this case, it is seen further that the impugned criminal proceedings have arisen consequent to the personal disputes between the disputants and the disputes have been settled amicably between the parties. Accordingly, this Court is inclined to hold that in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived at between the parties, the principles laid down in the aforementioned decisions of the Apex Court will be squarely applicable in the present case. Moreover, since the real disputants to the controversy have amicably settled the disputes, which led to these impugned criminal proceedings, it is also the duty of the court to promote such settlement, instead of compelling the parties to go on with the dispute. It is also pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there may not be any fruitful prosecution and the chances of conviction of the ::8:: ## **Crl.M.C.No.6879 Of 2014** accused is rather negligible and therefore, the net result of continuance of criminal proceedings would be sheer waste of judicial time rather meaningless and therefore would amount to abuse of the process of court proceedings in the larger sense. Hence following decisions of the Apex Court cited supra, this Court is inclined to hold that the Crl.M.C. can be allowed by granting the prayers sought for. In the result, Crl.M.C is allowed and the impugned Annexure A-1 FIR in Crime No.887/2009 of Kasaragod Police Station and all further proceedings arising therefrom stand quashed, in the interest of justice. The petitioners shall produce certified copies of this order before the Station House Officer concerned as well as before the court below concerned. **ALEXANDER THOMAS, Judge.** bkn/-