Jency Joseph and Arun Kumar A R v Sasi and State of Kerala

Crl.M.C.No.8328/18 1 # _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 31[ST] DAY OF JANUARY 2022 / 11TH MAGHA, 1943_ _CRL.MC NO. 8328 OF 2018_ _CRIME NO.2419/2018 OF Kothamangalam Police Station, Ernakulam_ ## _PETITIONERS/ACCUSED NOS.1 &2:_ _1 JENCY JOSEPH, AGED 40 YEARS, D/O.JOSEPH, 4C CHELLOOR FLAT, KAKKANAD, NEAR INFOPARK, ERNAKULAM. 2 ARUN KUMAR A R., AGED 34 YEARS, S/O.A.K.RAJAN, ALANKASSERY HOUSE, KALADY, ERNAKULAM. BY ADVS.P.M.RAFIQ SRI.M.REVIKRISHNAN SRI.THOMAS J.ANAKKALLUNKAL SRI.VIPIN NARAYAN SRI.AJEESH K.SASI SRI.V.C.SARATH SMT.POOJA PANKAJ SRUTHY N. BHAT_ ## _RESPONDENT/DE FACTO COMPLAINANT/STATE:_ _1 SASI, AGED 53 YEARS, S/O.VALLON, THERTHANAKUDI HOUSE, KARINGHAZHAKKARA, THRIKARIYOOR VILLAGE, NELLIKUZHI PANCHAYATH, ERNAKULAM DISTRICT._ Crl.M.C.No.8328/18 2 _2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031._ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON_ _31.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.No.8328/18 3 ## **O R D E R** Petitioners are the accused Nos.1 and 2 in Crime No.2419 of 2018 of Kothamangalam Police Station. Annexure-A is the FIR, which was registered in the said case on the basis of complaint submitted by the 1[st] respondent herein. The aforesaid crime was initially registered for the offences punishable under Section 294 (b), 323, 324, 326 and 34 of IPC and later, offences punishable under Sections 3(1) (s) and 3(2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter called as SC ST Act) was also incorporated. The allegation against the petitioners is that in connection with the rental arrangements made between the parties in respect of a residential building belonging to the 1[st] petitioner, there was some enmity between the parties. As a consequence of the same, on 04.11.2018 in furtherance of a common intention the petitioners herein assaulted the 1[st] respondent with an iron rod and caused fracture of his leg. Crl.M.C.No.8328/18 4 2. This Crl.M.C. is filed by the petitioners seeking to quash all further proceedings pursuant to the same. 3. Heard Sri.M.Revikrishnan, learned counsel for the petitioner, Sri.Bonny Benny, learned counsel for the 1[st] respondent and Sri.Sudheer Gopalakrishnan, learned Public Prosecutor for the 2[nd] respondent State. 4. This Crl.M.C. is filed by the petitioner contending that the offences alleged against them are not attracted from the materials available on record. However, it is pointed out that later, the parties have arrived at a settlement between them and as part of the settlement, the 1[st] respondent de facto complainant had submitted an affidavit indicating that all the disputes between the parties have been settled and he has no subsisting grievance against the petitioners. The 1[st] respondent also conveyed his no objection in quashing the proceedings against the petitioners in the aforesaid crime. The learned counsel appearing for the 1[st] respondent also acknowledges the aforesaid settlement. The learned Public Prosecutor submits Crl.M.C.No.8328/18 5 that the veracity of the settlement has been enquired into by the Station House Officer and in connection with the same, a statement of the 1[st] respondent de facto complainant was recorded. A copy of the aforesaid statement was made available for my perusal. It is seen from the aforesaid statement that, the 1[st] respondent has clearly conveyed the factum of settlement and he has also expressed his no objection in quashing the proceedings against the petitioners prematurely. 5. It is also discernible from the records that, in connection with the transactions between the parties, yet another crime, that is Crime No.2414 of 2018 was also registered at the very same police station, in which the accused are the 1[st] respondent herein, his son and two other identifiable persons. It is seen from the records that, while settling this matter, the other criminal case was also settled and an affidavit and also a statement in that regard were also filed before this Court in Crl.M.C.No.5215 of 2020, which was filed by the 1[st] Crl.M.C.No.8328/18 6 respondent herein for quashing the proceedings in Crime No.2414 of 2018. 6. It is also brought to my notice that subsequent to the filing of Crl.M.C.No.5215 of 2020 the police completed the investigation in Crime No.2414 of 2018 and final report has already been submitted. 7. In **Gian Singh v. State of Punjab [(2012) 10 SCC 303]** , the Honourable Supreme Court held that the High Court can invoke the powers under Section 482 Cr.P.C. for quashing the criminal prosecution in cases where offences are not very heinous in nature. In this case, when we consider the disputes, it is seen that offences punishable under Section 326 IPC is seen incorporated. Apart from the above, offences under SC ST Act is also incorporated. However, it is seen from the records that the dispute is basically arising from the landlord- tenant relationship between the parties and none of the parties have any criminal antecedents. Injury sustained by the 1[st] respondent, is a fracture of bone, but it is not of a very serious Crl.M.C.No.8328/18 7 nature so as to cause any threat to his life. More over, as a retaliation of the crime registered, there is yet another crime registered against the de facto complainant as well and all the disputes have been settled between the parties. As regards to the offence punishable under SC ST Act are concerned, it is discernible from Annexure-A FIR in crime No.2419 of 2018, the said offence is not seen incorporated. Apparently, in the First Information Statement of the de facto complainant, the allegation of calling him by his caste name is not specifically mentioned. On the other hand, only allegation is that abusive words were used against him. Apparently, allegation of calling his caste name was reported subsequently. The offences relating to the same, is incorporated on the basis of further report submitted submitted by the investigating officer. Therefore considering the settlement arrived at between the parties and the circumstances mentioned above, I am of the view that, the incorporation of the offence under SC ST Act cannot stand in the way in quashing the matter by invoking Crl.M.C.No.8328/18 8 powers of this Court under Section 482 Cr.P.C. More over, the learned counsel for the petitioners brought my attention to the judgment of the Honourable Supreme Court in **Ramawatar v. State of Madhya Pradesh [AIR 2021 SC 5228]** , wherein the Honourable Supreme Court was pleased to quash criminal prosecution on the basis of the settlement arrived at between the parties in a case wherein the SC/ST Act was involved. In this case, it is evident that the dispute is purely private in nature. The terms of settlement contain settlement of the offence in which the 1[st] respondent is an accused as well. 8. Thus, considering the entire facts and circumstances of the case, I am of the view, that no purpose would be served by allowing the prosecution to continue in this case. The chances of conviction in this case are very bleak as none of the parties are interested in proceeding with the prosecution. 9. In these circumstances, I am of the view that this is a fit case, in which the powers of this Court under Section 482 Cr.P.C. can be invoked and I do so. Crl.M.C.No.8328/18 9 In the result, this Crl.M.C is allowed and all further proceedings in Crime No.2419 of 2018 of the Kothamangalam Police Station are hereby quashed. If any final report is submitted in the aforesaid crime, that shall also stand quashed. Sd/- **ZIYAD RAHMAN A.A. JUDGE** DG/1.2.22 Crl.M.C.No.8328/18 10 ## _APPENDIX OF CRL.MC 8328/2018_ ## _PETITIONER ANNEXURES_ _ANNEXURE A_ _TRUE COPY OF THE FIR AND FIS IN CRIME NO.2419//2018 OF KOTHAMANGALAM POLICE STATION._ _ANNEXURE B TRUE COPY OF THE REPORT DATED 11.11.2018 SUBMITTED BY THE KOTHAMANGALAM POLICE BEFORE THE JURISDICTIONAL MAGISTRATE INDICTING THE PETITIONERS OF THE OFFENCES UNDER THE SC & ST (POA) ACT._ - _ANNEXURE C_ _TRUE COPY OF THE FIR AND FIS IN CRIME NO.2414//2018 OF KOTHAMANGALAM POLICE STATION._ _ANNEXURE D TRUE COPY OF THE RENT DEED DATED 24.3.2018 ENTERED INTO BETWEEN THE PARTIES ON EITHER SIDE WITH RESPECT TO THE BUILDING IN QUESTION._ _ANNEXURE E: THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT/DEFACTO COMPLAINANT._