Jafar and Rafeeq v Shameer, Thoufeeq and State of Kerala

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.7274 of 2014 (G) --------------------------SC 483/2013 of ADDL. SESSIONS COURT - II, MANJERI CRIME NO.181/2009 OF MELATTUR POLICE STATION, MALAPPURAM ## PETITIONERS/ACCUSED: ---------------------------- 1. JAFAR, S/O SAYYEDALAVI, KUNDIL HOUSE, EDAPPATTA AMSOM EPPIKKAD. ## 2. RAFEEQ, S/O KUNHALAVI, PUTHEN PEEDIKA HOUSE, EDAPPATA AMSOM CHULLIYODU KUNNU. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDNETS/DEFACTO COMPLAINANT, CW2 & STATE: ---------------------------------------------------------------- ## 1. SHAMEER S/O ABDURAHIMAN, EDATHAN HOUSE, PULLIPADAM AMSOM MAMBAD, MALAPPURAM DISTRICT. ## 2. THOUFEEQ S/O ABDULLA, EDATHAN HOUSE, PULLIPADAM AMSOM MAMBAD, MALAPPURAM DISTRICT. ## 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031. R1-2 BY ADV. SRI.P.M.RAFIQ R3 BY PUBLIC PROSECUTOR SMT.P.REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 7274 of 2014 () --------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------- ANNEXURE A: TRUE COPY OF THE FINAL REPORT IN SC NO.483/2013 OF THE COURT OF II ADDITIONAL SESSIONS JUDGE, MANJERI. ANNEXURE B: THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/IST RESPONDENT BEFORE THIS HONOURABLE COURT INFORMING THE FACTUM OF SETTLEMENT. ANNEXURE C: THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/INJURED BEFORE THIS HONOURABLE COURT INFORMING THE FACTUM OF SETTLEMENT. ANNEXURE D: TRUE COPY OF THE WOUND CERTIFICATE OF IST RESPONDENT ISSUED BY THE MEDICAL OFFICER, GOVERNMENT TALUK HOSPITAL, PERINTHALMANNA DATED 27.9.2009. ANNEXURE E: TRUE COPY OF THE WOUND CERTIFICATE OF 2ND RESPONDENT ISSUED BY THE MEDICAL OFFICER, GOVERNMENT TALUK HOSPITAL, PERINTHALMANNA DATED 27.9.2009. RESPONDENT(S)' EXHIBITS: NIL -------------------------------- // TRUE COPY // P.A TO JUDGE. ## **ALEXANDER THOMAS, J. ----------------------------Crl.M.C.No.7274 Of 2014 --------------------------------Dated this the 19[th] day of December, 2014.** ## **O R D E R** The petitioners herein are the accused in the impugned Crime No.181/2009 of Melattoor Police Station registered for offences alleged under Secs.341, 323, 308 r/w 34 IPC. The police after investigation submitted impugned Annexure-A1 Final Report/Charge Sheet in the above said Crime No.181/2009 of Melattoor Police Station which led to the pendency of S.C.No.483/2013 on the file of the Additional Sessions Court-II, Manjeri. The brief of he prosecution case is that on 27.9.2009 at about 8:30 p.m. in the night, while the defacto complainant was standing on the roadside, the 1[st] accused with the knowledge that it would cause death of defacto complainant, hit on the head with a wooden stick and when dodged, the stick hit on the lip, the 2[nd] accused hit on the back and other parts of CW2 using and causing injury and thereby accused have committed the offences under Secs. 341, 323, 308 r/w 34 IPC. It is submitted that now due to mediation by well wishers of the locality and relatives, the entire disputes between the petitioners and respondents 1 & 2 ::2:: ## **Crl.M.C.No.7274 Of 2014** (defacto complainants/injured) have been settled. The defacto complainants/injured have been impleaded as respondents 1 & 2 herein. Respondents 1 & 2 herein have sworn to separate affidavits dated 1.9.2014 produced as Annexures B & C respectively in this Crl.M.C wherein they have stated that due to mediation of well wishers of the locality and relatives, the entire disputes between the petitioners and respondents 1 & 2 have been settled and that they have no subsisting grievance against the petitioners and they have no objection in the quashment of the impugned criminal proceedings in S.C.No.483/2013 pending before the Additional Sessions Court-II, Manjeri. It is further stated that the case arose out of personal disputes between the parties and that as the matter has been settled they do not wish to continue the prosecution of the impugned criminal proceedings and that impugned Annexure-A Final Report and all further proceedings in S.C.No.483/2013 on the file of the Additional Sessions Court-II, Manjeri may be quashed in the interest of justice. It is in the background of these facts and circumstances the petitioners have filed the instant Crl.M.C invoking the inherent powers conferred on this Court under Sec. 482 Cr.P.C with the ::3:: ## **Crl.M.C.No.7274 Of 2014** prayer to quash the impugned Annexure-A Final Report/Charge filed in Crime No.181/2009 of Melattoor Police Station which led to the pendency of S.C.No.483/2013 on the file of the Additional Sessions Court-II, Manjeri and all further proceedings arising therefrom. 2. The Crl.M.C has been admitted and Sri.P.M.Rafiq, Advocate, has taken notice for the respondent Nos.1 & 2 and the learned Public Prosecutor has taken notice for the 3[rd] respondent-State of Kerala. 3. Heard Sri.V.A.Johnson Varikkappillil, learned counsel appearing for the petitioners, Sri.P.M.Rafiq, learned counsel appearing for the respondent Nos.1 & 2 and the learned Public Prosecutor appearing for the 3[rd] respondent. 4. The learned counsel for the petitioners 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 at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer ::4:: ## **Crl.M.C.No.7274 Of 2014** wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State. 5. Sri.P.M.Rafiq, learned counsel appearing for respondent Nos.1 & 2 has submitted on the basis of the specific instructions furnished by the respondent Nos.1 & 2 that respondent Nos.1 & 2 have amicably settled the disputes with the petitioners and that they have 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 they have 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. 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 ::5:: ## **Crl.M.C.No.7274 Of 2014** 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 respondent Nos.1 & 2, 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. It is further stated that the injuries allegedly sustained to the respondents 1 & 2 are simple in nature and would not attract the offence under Sec. 308 IPC. The wound certificate of the 1[st] respondent issued by the Government Medical Officer concerned has been produced as Annexure-D and the wound certificate of the 2[nd] respondent issued by the Government Medical Officer has been produced as Annexure-E etc. Annexure-D & E show that the injuries referred to therein are not serious in nature. 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 ::6:: ## **Crl.M.C.No.7274 Of 2014** ## 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 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_ ::7:: ## **Crl.M.C.No.7274 Of 2014** _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”._ 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 ::8:: ## **Crl.M.C.No.7274 Of 2014** be any fruitful prosecution and the chances of conviction of the 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 Final Report-Charge Sheet filed in impugned Crime No.181/2009 of Melattoor Police Station which led to the pendency of S.C.No.483/2013 on the file of the Additional Sessions Court-II, Manjeri and all further proceedings arising therefrom stand quashed. The petitioners shall produce certified copies of this order before Station House Officer concerned as well as before the court below concerned. **ALEXANDER THOMAS, Judge.** bkn/-