Hari Jose; Sreeram Vinod @ Appu; Nandu Raj; Anson @ Kannan v. State of Kerala and Gautham

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` MONDAY, THE 20[TH] DAY OF NOVEMBER 2023 / 29TH KARTHIKA, 1945 ``` ## **`CRL.MC NO. 9215 OF 2023`** ``` CRIME NO.1682/2016 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM AGAINST THE JUDGMENT CC 641/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - ``` ## **`II, ERNAKULAM`** ## **`PETITIONERS/ACCUSED NOS 1 TO 4:`** ``` 1HARI JOSE AGED 29 YEARS S/O. JOSE, KALLUMAKKAL HOUSE, KODENCHERY, KOZHIKODE DISTRICT., PIN - 673580 2SREERAM VINOD @ APPU AGED 28 YEARS S/O. VINOD C.R, CHANIYAMURI HOUSE, MATTAMMAL, THEVARA, ERNAKULAM DISTRICT., PIN - 682013 3NANDU RAJ AGED 32 YEARS S/O. BALAKRISHNAN, CHANIYAMURI HOUSE, MATTAMMAL, THEVARA, ERNAKULAM DISTRICT., PIN - 682013 4ANSON @ KANNAN AGED 35 YEARS S/O. PREMAN, KALATHIPARAMBIL HOUSE, NJARAKKAL, ERNAKULAM DISTRICT., PIN - 682503 BY ADV K.ABOOBACKER SIDHEEQUE ``` ## **`RESPONDENTS/STATE & DE FACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT., PIN - 682031 2GAUTHAM AGED 27 YEARS S/O. JAYACHANDRAN, SHARDDI HOUSE, KONCHIRAVILA P.O, THIRUVANANTHAPURAM DISTRICT., PIN - 695009 ``` ## **`OTHER PRESENT:`** ``` SMT SREEJA V, PUBLIC PROSECUTOR SRI.MUHAMMED IBRAHIM ABDUL SAMAD ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON ``` ``` 20.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No. No.9215 of 2023 2 ## **P.V.KUNHIKRISHNAN, J** **--------------------------------** Crl.M.C. No.9215 of 2023 **------------------------------Dated this the 20[th] day of November, 2023** ## **O R D E R** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. The petitioners are the accused in C.C.No.641/2019 on the files of the Judicial First Class Magistrate Court-II, Ernakulam arising from Crime No.1682/2016 of Ernakulam Central Police Station. The above case is chargesheeted alleging offences punishable under Sections 341 and 324 r/w 34 of Indian Penal Code . 3. The prosecution case is that the accused wrongfully restrained and assaulted the victim. Crl.M.C.No. No.9215 of 2023 3 4. The public prosecutor submitted that there are criminal antecedents to the first and second petitioners. But the offence alleged in this case is only minor offence and I think the continuation of the further proceedings is not necessary in the light of the settlement between the parties. 5. The learned counsel for the petitioners submits that the parties have settled their dispute and do not wish to pursue the prosecution proceedings. The counsel relies on the affidavit filed by the victim in support of his contention. The counsel appearing for the victim also submitted that the matter is settled and the victim has no objection in quashing the prosecution. 6. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. But the Public Prosecutor conceded that the matter is Crl.M.C.No. No.9215 of 2023 4 settled between the parties. 7. This Court has considered the submission of the petitioner, victim and the Public Prosecutor and has also gone through the records including the affidavit filed by the victim. 8. In **State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688),** three judge bench of the Hon'ble Supreme Court has summarized the situation in which non compoundable offences can be quashed invoking the powers under Section 482 of the Code. The apex court in **Laxmi Narayan** 's case (supra) also relied on the law laid down in **Gian Singh v. State of Punjab and another (2012 (10) SCC 303)** and **Narinder Singh and others v. State of Punjab and another (2014 (6) SCC 466)** . The apex court in paragraph 13 of the **Laxmi Narayan** 's case discussed the law in detail and the Crl.M.C.No. No.9215 of 2023 5 ## same is extracted hereunder: _“13. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under:_ _i) that the power conferred under S.482 of the Code to quash the criminal proceedings for the non - compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;_ _ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;_ _iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender;_ Crl.M.C.No. No.9215 of 2023 6 _iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under S.482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of S.307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of S.307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under S.307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital / delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed / charge is framed and / or during_ Crl.M.C.No. No.9215 of 2023 7 _the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated herein above;_ _v) while exercising the power under S.482 of the Code to quash the criminal proceedings in respect of noncompoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement / compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.”_ 8. Keeping in mind the above dictum laid down by the apex court, this court perused the facts in this case and also perused the documents produced by the parties. After going through the entire facts and 8 Crl.M.C.No. No.9215 of 2023 circumstances I am of the considered opinion that the dispute is private in nature and the settlement can be accepted. Therefore, this Criminal Miscellaneous case is allowed. All further proceedings as against the petitioners in C.C.No.641/2019 on the files of the Judicial First Class Magistrate Court-II, Ernakulam arising from Crime No.1682/2016 of Ernakulam Central Police Station, are quashed. SD/- ## **P.V.KUNHIKRISHNAN, JUDGE** rmm/20/11/2023 Crl.M.C.No. No.9215 of 2023 9 ## **`APPENDIX OF CRL.MC 9215/2023`** ``` PETITIONER ANNEXURES Annexure-A1 ``` ``` Annexure-A1A CERTIFIED COPY OF THE FINAL REPORT DATED 07.08.2016 IN CRIME NUMBER 1682 OF 2016 OF ERNAKULAM CENTRAL POLICE STATION. Annexure-A2ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE 2ND RESPONDENT SIGNED DATED 07.05.2023. ```