Eby Cherian and Basil Abraham v. State of Kerala and M.C. Paulose and Baby Raj

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** ## **FRIDAY, THE 14TH DAY OF FEBRUARY 2014/25TH MAGHA, 1935** ## **Crl.MC.No. 1157 of 2014** ## **----------------------------------** **AGAINST THE ORDER IN CC 145/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR** **-----------** ## **PETITIONER(S)/ACCUSED NOS 1 AND 2:** **---------------------------------------------------------** **1. EBY CHERIAN, AGED 38 YEARS, S/O.CHERIYAN, MUTHUKADAN HOUSE PUKKATTUPADI SHAPPU BHAGAM, PAZHANANGANAD KARA, KIZHAKKAMBALAM VILLAGE.** **2. BASIL ABRAHAM, AGED 28 YEARS, S/O.ABRAHAM, MUTHUKATTIL HOUSE, PUKKATTUPADI SHAPPU BHAGAM, PAZHANANGANAD KARA, KIZHAKKAMBALAM VILLAGE.** **BY ADV. SRI.JAISON JOSEPH** ## **RESPONDENT/STATE AND DE-FACTO COMPLAINANT:** **----------------------------------------------------------------------------** ## **1. STATE OF KERALA,** **REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ENRAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, THADIYITTAPARAMBU POLICE STATION.** **2. M.C.PAULOSE, AGED 61 YEARS,** - **S/O.CHERIAN, MUTHUKADU HOUSE, PUKKATTUPADY SHAPPU BHAGAM, PAZHANANGAD KARA, KIZHAKKAMBALAM VILLAGE.** **3. BABY RAJ, AGED 26 YEARS, S/O.M.C.PAULOSE, MUTHUKADU HOUSE, PUKKATTUPADY SHAPPU BHAGAM, PAZHANANGAD KARA, KIZHAKKAMBALAM VILLAGE.** **R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2,3 BY SRI.K.A.ANAS** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **PJ** **Crl.MC.No. 1157 of 2014** **---------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **-------------------------------------** **ANNEXURE-A1: CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO.145 OF 2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT I PERUMBAVOOR.** **ANNEXURE-A2: NOTARIZED AFFIDAVIT FILED BY RESPONDENT NO.2.** **ANNEXURE-A3: NOTARIZED AFFIDAVIT FILED BY RESPONDENT NO.3.** **RESPONDENT(S)' EXHIBITS** **---------------------------------------** **NIL.** **/ TRUE COPY /** **P.S. TO JUDGE** **PJ** K. RAMAKRISHNAN, J. -----------------------------------------------------------------Crl. M.C. No.1157 of 2014 --------------------------------------------------------------------Dated this the 14[th] day of February, 2014 ## O R D E R This criminal miscellaneous case is filed by the petitioners, who are the accused Nos. 1 and 2 in C.C.145/2014 (Crime No.858/2013 of Thadiyittaparambu Police Station), on the file of the Judicial First Class Magistrate Court, Perumbavoor, to quash the proceedings, on the basis of the composition entered into between them and the respondents 2 and 3 under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code'). 2. It is alleged in the petition that, on the basis of the statement given by the 2[nd] respondent as defactocomplainant, a crime was registered as crime No.858/2013 on the file of the Thadiyittaparambu Police Station against the petitioners, alleging offences under Section 451, 341, 323, 294(b), 326 and read with Section 34 of the Indian 2 Crl. M.C. No.1157 of 2014 Penal Code. After investigation, the investigating officer submitted Annexure-A1 final report before the court and the Judicial First Class Magistrate, Perumbavoor, has taken cognisance of the case as C.C.No.145/2014 against the petitioner for the above said offences. Now the matter has been settled between the parties. The petitioners and respondents 2 and 3 who are the affected persons in the incident are relatives. Due to the intervention of the mediators, the matter has been settled between them and the respondents 2 and 3 who are affected parties have no grievance against the petitioners and they have no objection in quashing the proceedings. Since some of the offences are non-compoundable in nature, they cannot move the court below for this purpose and no purpose will be served in continuing the proceedings as well. So they have no other option except to approach this court for quashing the proceedings, invoking the power under Section 482 of the 'Code'. Hence the petition. Crl. M.C. No.1157 of 2014 3 3. Respondents 2 and 3 entered into appearance through counsel and submitted that the matter has been settled between the parties and they are relatives and they are living in harmony and they have no objection in quashing the proceedings. 4. Heard the learned Public Prosecutor, who had, on getting instructions as directed by this court submitted that there is no criminal background for the petitioners and the parties are relatives, except this case, there is no case against the petitioners as well. 5. It is an admitted fact that on the basis of the statement given by the 2[nd] respondent as the defactocomplainant, a case was registered as Crime No.858/2013 of Thadiyittaparambu Police Station, alleging offences under Section 451, 341, 323, 326, 294(b) and 34 of Indian Penal Code. In the incident apart from the 2[nd] respondent, 3[rd] respondent also sustained some injuries. After investigation, Annexure-A1 final report was field by the Crl. M.C. No.1157 of 2014 4 investigating officer and the case was taken on file as C.C.No.145/2014 and the same is now pending before the Judicial First Class Magistrate Court, Perumbavoor. Now the matter has been settled between the parties. Respondents 2 and 3 have filed separate affidavits, evidenced by Annexure-A2 and A3, admitting the settlement and also expressing their no objection to quash the proceedings, as they are now residing in harmonious terms and they are relatives. In the decision reported in **Gian Singh v. State of Punjab [2012(4) KLT 108 (SC)],** the Hon'ble Supreme Court has held that in family disputes or between neighbours or relatives, if the parties have settled the issues, due to the intervention of well-wishers and the family members and does not want to proceeded with the criminal prosecution initiated, then that must be honoured and the prosecution has to be quashed, invoking the power under Section 482 of the Code. 6. Though some grevious injuries have been Crl. M.C. No.1157 of 2014 5 sustained by one of the injured, considering the fact that, it is a family dispute, which resulted in the commission of the crime and they have settled the dispute amicably due to the intervention of the family members and well-wishers and harmony has been restored in their family, it cannot be said to be an incident of public interest. It is purely a private dispute, which resulted in the commission of the crime. The matter has been settled between the parties, they are relatives and peace in the family has been restored on account of the settlement. Since the matter has been settled between the parties, no purpose will be served by proceeding the case as well, as the injured as well as other witnesses will not support the prosecution. So considering the circumstances, I feel that it is a fit case where the power under Section 482 of the 'Code' has to be invoked, to quash the proceedings, recording the composition entered into between the parties. So the application is allowed and further proceedings in C.C.145/2014 (Crime No.858/2013 of 6 Crl. M.C. No.1157 of 2014 Thadiyittaparamabu Police Station) pending before the Judicial First Class Magistrate Court, Perumbavoor, against the petitioners is quashed. Office is directed to communicate this order to the concerned court, immediately for further necessary action. Sd/- K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss