Kamaludheen and Nujumudeen v. Station House Officer, Kilikollur Police Station & Shine

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** **MONDAY, THE 7TH DAY OF APRIL 2014/17TH CHAITHRA, 1936** ## **Crl.MC.No. 1967 of 2014 ()** **--------------------------CRIME NO. 892/2013 OF KILIKOLLUR POLICE STATION, KOLLAM DISTRICT** **---------------------** ## **PETITIONERS/ACCUSED 1 & 2 :** **----------------------------------------------** ## **1. KAMALUDHEEN** **S/O.SHAHUL HAMEED, THARAVILA VEEDU, MEKKON JUNCTION KOTTAMKARA CHERRY, KOTTAMKARA VILLAGE, KOLLAM.** ## **2. NUJUMUDEEN** **S/O.ABDUL AZEEZ, KUZHIVILA PUTHEN VEEDU KUZHIYAM CHERRY, PERINAD VILLAGE, KOLLAM.** **BY ADV. SRI.B.MOHANLAL** ## **RESPONDENTS/COMPLAINANT & STATE :** **--------------------------------------------------------------** **1. THE STATION HOUSE OFFICER KILIKOLLUR POLICE STATION KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.** ## **2. SRI.SHINE** **S/O.SHANMADHURAN, PARAMKIMAMVILA VEEDU, PEZHUMKONAM, EZHUKONE VILLAGE, KOTTARAKKARA, KOLLAM, PIN - 691 506.** **R1 BY PUBLIC PROSECUTOR SMT. S. HYMA R2 BY ADV. SRI.B.N.HASKAR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-04-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Mn** **...2/-** **Crl.MC.No. 1967 of 2014 () -------------------------------------** ## **APPENDIX** |**PETITIONERS' ANNEXURES :**|**PETITIONERS' ANNEXURES :**| |---|---| |**-------------------------------------------**|| |**ANNEXURE-A1:**|**THE TRUE COPY OF THE FIR IN CRIME NO.892/2013 OF**| ||**KILIKOLLUR POLICE STATION IN KOLLAM DISTRICT.**| |**ANNEXURE-A2:**|**THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.892/2013**| ||**OF KILIKOLLUR POLICE STATION, KOLLAM DISTRICT.**| |**ANNEXURE-A3:**|**THE TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND**| ||**RESPONDENT.**| |**RESPONDENT(S)'**|**EXHIBITS : NIL**| |**---------------------------------------------------------------**|| **//TRUE COPY//** **P.S. TO JUDGE Mn** K.RAMAKRISHNAN, J. ---------------------------------------------------Crl.M.C. No. 1967 of 2014-A --------------------------------------------------Dated this the 7[th] April, 2014 ## **O R D E R** This Criminal Miscellaneous Case is filed by the petitioners, who are the 1[st] and 2nd accused in C.C No. 896/2013 (Crime No.892/2013 of Kilikollur police station) pending before the Judicial First Class Magistrate Court-I, Kollam for quashing the proceedings in view of the settlement under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). 2. It is alleged in the petition that there was some dispute regarding the disposal of waste in the cashew packing centre owned by 1[st] petitioner and managed by 2[nd] petitioner and on account of that enmity, some altercation occurred which resulted in the registration of the crime. It is also alleged in the petition that the petitioners are 1st and 2[nd] accused in C.C.No. 896/2013 on the file of Judicial First Class Magistrate Court-I Kollam. The case was registered on the basis of the statement given by the defacto Crl.M.C. No. 1967 of 2014-A 2 complainant/2[nd] respondent against the petitioners alleging offences under Sections 294(b) and 506(i) read with Section 34 of the Indian Penal Code. After investigation final report was filed and it was taken on file as CC.No.896/2013 on the file of the Judicial First Class Magistrate Court-I Kollam. 3. Now the matter has been settled between the parties. Due to the settlement, the relationship between them has been restored. On account of the settlement, the defacto complainant does not want to prosecute the case any further. Since some of the offences are non- compoundable in nature, they could not file application for compounding before the court below. No purpose will be served by proceeding with the case. So they have no other remedy except to approach this Court seeking the following relief: “For the above reasons and other valid grounds that are to be urged at the time of hearing it is most humbly prayed in the interest of justice that this Hon'ble Court may be pleased to quash Annexure A1 and A2 FIR and Final Report in Crime No.892/2013 of Kilikollur Police Station in Kollam District pending as C.C. No.986/2013 on the file of the Judicial first Class Magistrate Crl.M.C. No. 1967 of 2014-A 3 Court- I, Kollam by accepting Annexure A3 affidavit of the 2[nd] respondent”. 4. The counsel for the 2[nd] respondent appeared through counsel and submitted that the matter has been settled between the parties due to intervention of mediators and their relationship has been restored. She does not want to prosecute the case any further. She filed Annexure - A3 affidavit stating these facts. 5. The counsel for the petitioners also submitted that in view of the settlement no purpose will be served in proceeding with the case. So, she prayed for allowing the application. 6. The learned Public Prosecutor, on instructions as directed by this Court, submitted that there is no other case against the petitioners and there is no criminal antecedents but opposed the application. 7. It is an admitted fact that the petitioners are the 1[st] and 2[nd] accused in C.C.No.896/2013 which was originated on the basis of the statement given by the defacto complainant/2[nd] respondent against the petitioners as Crime No. 892/2013 of Kilikollur Police Station alleging offences under Sections 294 (b) and 506(i) read with Section 34 of Indian Penal Code. Crl.M.C. No. 1967 of 2014-A 4 After investigation final report was filed and it is now pending as C.C No. 896/2013. 8. Now the matter has been settled between the parties. It is seen from the affidavit and allegations in the petition that the parties are friends and the incident occurred due to misunderstanding between them which resulted in registration of the crime and filing of the final report. The matter has been settled between the parties due to intervention of mediators. On account of the settlement original relationship between them has been restored and the defacto complainant does not want to prosecute the case. Further, on account of the settlement, there is no possibility of conviction also, even if the case is allowed to proceed with. The case is not a case of public interest affecting public safety or affecting the society at large. It is a private dispute which resulted in registration of the crime and filing of the final report. 9. Further in the decision reported in **Gian Singh v. State of Punjab** (2012 (4) KLT 108 (SC), the Hon'ble Supreme Court has held that: “But the criminal cases having overwhelmingly and predominatingly civil flavour stand on different footing for Crl.M.C. No. 1967 of 2014-A 5 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 other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” Crl.M.C. No. 1967 of 2014-A 6 10. In view of the dictum laid down in the above decision and also considering the fact that the matter has been settled between the parties and no public interest is involved as it is not a case of offence affecting the society at large and in view of the settlement, the original relationship has been restored between the parties and no purpose will be served by proceeding with the case as conviction will be remote and it will be wastage of judicial time, this Court feels that it is a fit case where power under Section 482 of the Code has to be invoked to quash the proceedings in order to promote the settlement and restoration of relationship between the parties and the pendency of this case will not be a hurdle for the same. So, the petition is allowed and further proceedings in C.C.No 896/2013 (Crime No. Kilikollur police station) pending before the Judicial First Class Magistrate Court-I Kollamt as against the petitioners is quashed. Crl.M.C. No. 1967 of 2014-A **==> picture [7 x 9] intentionally omitted <==** Office is directed to communicate this order to the concerned court immediately. ## Sd/- ## **K.RAMAKRISHNAN, JUDGE** rka /true copy/