Harkish Sreethu and Others v. State of Kerala

``` 2025:KER:21800 ``` **==> picture [57 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` MONDAY, THE 10[TH] DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 ``` ``` CRL.MC NO. 4023 OF 2023 ``` ``` CRIME NO.2057/2019 OF Museum Police Station, ``` ## **`Thiruvananthapuram`** ``` AGAINST THE ORDER/JUDGMENT DATED IN CC NO.5 OF ``` ``` 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III,THIRUVANANTHAPURAM ``` ## **`PETITIONERS/ACCSED:`** - **`1 HARKISH SREETHU AGED 23 YEARS`** - **`S/O SADANANDAN, VIDAKKARA, NEAR PRIVATE BUS STAND, NORTH PARAVUR POST, ERNAKULAM DISTRICT, PIN - 683594`** - **`2 AASHIQ C BOSE AGED 23 YEARS`** - **`S/O CHANDRABOSE, GREENLAND HOUSE, NEAR KAILASOM MUKKU JUNCTION, MARAVOOR WARD, KIZHAKKEKALLADA VILLAGE, KALLADA EAST, KOLLAM DISTRICT, PIN - 691502`** - **`3 JISHNU S NATH AGED 23 YEARS`** - **`S/O SATHYANATHAN NAYAR, CHANGOOR MELETHIL VEEDU, MEENAM PATTAZHI POST, KOLLAM DISTRICT, PIN - 691522`** - **`4 AJAY S KOSHY AGED 23 YEARS S/O SAIJU KOSHY, ANJANAM HOUSE, SHANKARAMANGALAM, SASTHAMCOTTAH POST, KOLLAM`** ``` 2025:KER:21800 ``` Crl.MC.No.4023 of 2023 :2: **==> picture [57 x 57] intentionally omitted <==** ``` DISTRICT, PIN - 690521 ``` - **`5 AADITH A J AGED 25 YEARS S/O AJAYKUMAR, GOURISHANKARA, WARD NO: 7, NEAR OOTTUPARAMBIL TEMPLE, KADAKKAVOOR POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695309`** - **`6 AMAL KRISHNAN AGED 24 YEARS S/O HARIKUMAR K K , KANDANALLUR HOUSE, MYLAKULAM PUTHUR PO, KOTTARAKKARA, KOLLAM, PIN - 691507`** - **`7 ANANDAKRISHNAN R AGED 24 YEARS`** - **`S/O RADHAKRISHNAN, ANANDU BHAVAN, PAVITHRESWARAM PO, KOTTARAKKARA, KOLLAM, PIN - 691505`** - **`8 ACHUTH VASAN AGED 26 YEARS`** - **`S/O SANTHOSH KUMAR, INDHU BHAVAN, KARAKULAM POST, THIRUVANANTHAPURAM DISTRICT, PIN - 696564`** - **`9 YADHU KRISHNAN AGED 24 YEARS`** - **`S/O SURESH, THAZHCHAYIL HOUSE, NEAR ST MARY’S SCHOOL, ARYAD SOUTH POST, ALAPPUZHA DISTRICT, PIN - 688007`** - **`0 SREENATH AGED 19 YEARS S/O.SURENDRA NATH, SREE VAISYAKHAM,KAPPIL MEKKU, KRISHNAPURAM PO, KAYAMKULAM, PIN - 690533`** - **`11 MUHAMMED SABITH N J AGED 24 YEARS`** ``` S/O NASARUDHEEN, SAHI NIVAS, KANNAMCODE, VENJARAMMOODU POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695607 ``` - **`12 SOORAJ V S AGED 24 YEARS`** - **`S/O VIKRAMAN NAIR, V S BHAVAN, NEAR PANGAPPARA GURU MANDIRAM, SREEKARYAM WARD, PANGAPPARA POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695581`** - **`13 AKHIL`** ``` 2025:KER:21800 ``` Crl.MC.No.4023 of 2023 **==> picture [57 x 57] intentionally omitted <==** :3: ``` AGED 23 YEARS S/O SANTHOSH KUMAR, PUTHENPARAMBU HOUSE, NEAR IRAVUKADU TEMPLE, AMBALAPPUZHA POST, ALAPPUZHA DISTRICT, PIN - 688561 ``` ``` BY ADVS. G.P.SHINOD GOVIND PADMANAABHAN AJIT G ANJARLEKAR ATUL MATHEWS GAYATHRI S.B. ``` ## **`RESPONDENTS /STATE AND DE-FACTO COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031`** - **`2 THE STATION HOUSE OFFICER OFFICE OF THE STATION HOUSE OFFICER MUSEUM POLICE STATION, MUSEUM POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695033 KARTHIKA SATHYAN AGED 24 YEARS`** - **`3 /O REMA, PUTHENKUDIYIL HOUSE, KAKKANAD POST, ERNAKULAM DISTRICT, PIN - 682030`** - **`4 SAFNA AGED 24 YEARS D/O ANSAR BEEGUM, PLANTHOTTATHIL HOUSE, THONNAKKAL VILLAGE, PANDALAM POST, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 689501`** - **`5 ANCHALA NASREEN SUBAIR AGED 23 YEARS D/O SUNITHA SUBAIR, KUZHIIL HOUSE, NEAR MARAMBILLI AVT TEA COMPANY, VAZHAKULAM POST, ERNAKULAM DISTRICT, PIN - 686670 BY ADV R.S.ANANDAN`** ``` SRI. C.N. PRABHAKARAN (SR.PP) ``` ## **`THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON`** ``` 10.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2025:KER:21800 ``` Crl.MC.No.4023 of 2023 **==> picture [57 x 57] intentionally omitted <==** :4: ## **C.JAYACHANDRAN, J.** ------------------------------------ **Crl.MC.No.4023 of 2023** -----------------------------------Dated this the 10[th] day of March, 2025 ## **O R D E R** ``` A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another[(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in Gian ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:21800 ``` Crl.MC.No.4023 of 2023 **==> picture [13 x 9] intentionally omitted <==** ``` Singh v. State of Punjab and another [(2012) 10 SCC 303]. Similarly inNarinder Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offence under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme inMadan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow: ``` ``` “6.We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot ``` Crl.MC.No.4023 of 2023 **==> picture [57 x 57] intentionally omitted <==** ## `2025:KER:21800` :6: ``` afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground ofrealitiesandbereftofthe technicalities of the law.” ``` ``` 2.In the facts at hand, petitioners are the accused persons in Crime No.2057 of 2019 of Museum Police Station, Thiruvananthapuram, now pending as C.C.No.5/2020 before the Judicial First Class Magistrate Court-III, Thiruvananthapuram. The offences alleged are under Sections 143, 147, 149, 341, 294(b) and 323 of the Indian Penal Code. The petitioners seek quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties. ``` ``` 4. Heard the learned counsel for the petitioners, learned counsel for the defacto complainant/ 3[rd] respondent and respondent nos.4 and 5 and the learned Senior Public Prosecutor. Perused the ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:21800 ``` Crl.MC.No.4023 of 2023 **==> picture [13 x 9] intentionally omitted <==** ``` records. ``` ``` 5. When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statements of the defacto complainant (3[rd] respondent herein) and respondents 4 & 5 (victims in the said crime), were handed over. On perusal of the same, it is clear that the issues between the petitioners, the defacto complainant and the victims are settled amicably. They would also state that they have no grievances against the petitioners and that they have no objection in quashing the criminal proceedings against the petitioners. That apart, it is noticed that, along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (3[rd] respondent herein) as Annexure-C, wherein she would unequivocally state that the disputes have been amicably settled and that she has no further grievances against the petitioners. The ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:21800 ``` Crl.MC.No.4023 of 2023 **==> picture [13 x 9] intentionally omitted <==** ``` defacto complainant would also swear that she has no objection in quashing the case against the petitioners and that the affidavit is sworn to on her own volition. Annexures-D and E are affidavits sworn to by the respondents 4 and 5, wherein they would also vouch the factum of settlement claimed by the petitioners. This Court is therefore convinced that the settlement arrived at is genuine and bonafide. Learned counsel for the respondents 3 to 5 would also endorse that the quashment sought for can be allowed. ``` ``` 6. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in Narinder Singh (supra), Madan Mohan Abbot (supra) and Gian Singh (Supra), are fully satisfied. This court is convinced that further proceedings against the petitioners will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:21800 ``` Crl.MC.No.4023 of 2023 **==> picture [13 x 9] intentionally omitted <==** ``` any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that offences under Sections 341 and 323 are compoundable, which is all the more a reason to accept the compromise between the parties. ``` ``` In the circumstances, this Crl.M.C. is allowed. Annexure-A FIR, Annexure-B Final Report, and all further proceedings in C.C.No.5/2020 of the Judicial FirstClassMagistrateCourt-III, Thiruvananthapuram, are hereby quashed. ``` ## sd/- ## **C. JAYACHANDRAN, JUDGE.** Raj. ``` 2025:KER:21800 ``` Crl.MC.No.4023 of 2023 **==> picture [57 x 57] intentionally omitted <==** :10: ## **`APPENDIX OF CRL.MC 4023/2023`** ## **`PETITIONER ANNEXURES`** ``` Annexure A ``` ``` A CERTIFIED COPY OF THE FIR IN CRIME NO: 2057 OF 2019 OF MUSEUM POLICE STATION DATED 6.11.2019 ``` ``` Annexure BA CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO: 2057 OF 2019 OF MUSEUM POLICE STATION DATED 29.11.2019 ``` ## **`Annexure C`** ``` THE ORIGINAL AFFIDAVIT DATED 05.04.2023 SWORN TO BY THE DE FACTO COMPLAINANT/ 3RD RESPONDENT ``` - **`Annexure D : THE ORIGINAL AFFIDAVIT DATED 05.04.2023 SWORN TO BY THE 4TH RESPONDENT`** ``` Annexure ETHE ORIGINAL AFFIDAVIT DATED 05.04.2023 SWORN TO BY THE 5TH RESPONDENT. ```