K.K. Abdurahiman and Rafeeq Koyatty v. State of Kerala and K. Arumukhan @ Mani

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE 11TH DAY OF JUNE 2014/21ST JYAISHTA, 1936 Crl.MC.No. 2940 of 2014 () --------------------------- CRIME NO. 273/2014 OF KASABA POLICE STATION, KOZHIKODE PETITIONERS: ------------ 1. K.K. ABDURAHIMAN, AGED 51 YEARS, S/O.MAMMU, 'ASHERVAD', JAFARKHAN COLONY ROAD, KASABA AMSOM DESOM, KOZHIKODE DISTRICT. 2. RAFEEK KOYATTY, AGED 52 YEARS, S/O.KOYATTY, K.K.R.BUILDING, MAVOOR ROAD, KASABA AMSOM DESOM , KOZHIKODE DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS: ------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K. ARUMUKHAN @ MANI, AGED 40 YEARS, S/O.KALIYAPPAN, HOUSE OF K.V.JANARDHANAN, BAPPUTTY COMPOUND, BACK SIDE OF NATIONAL HOSPITAL, MAVOOR ROAD, KASABA AMSOM DESOM, KOZHIKODE DISTRICT. R2 BY ADV. SMT.T.J.SEEMA R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: /cl Crl.MC.No. 2940 of 2014 () --------------------------- ## APPENDIX PETITIONERS' EXHIBITS: ---------------------- ANNEXURE A1 - TRUE COPY OF THE FIR IN CRIME NO.273/2014 OF KOZHIKODE CUSBA POLICE STATION DATED 18-4-2014. ANNEXURE A2 - TRUE COPY OF THE F.I.STATEMENT OF THE COMPLAINANT IN CRIME NO.273/2014 OF KOZHIKODE CUSBA POLICE STATION DATED 18-4-2014. ANNEXURE A3 - TRUE COPY OF THE AGREEMENT BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT DATED MAY, 2014. ANNEXURE A4 - TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DAED 27-05-2014 RESPONDENTS' EXHIBITS: NIL --------------------- /TRUE COPY/ P.S TO JUDGE /cl ## **K. RAMAKRISHNAN, J.** ................................................. Crl.M.C.No.2940 of 2014 .................................................. Dated this the 11[th] day of June, 2014. ## **O R D E R** This Criminal Miscellaneous Case is filed by the accused persons in Crime No.273/2014 of Kozhikode Cusba police station to quash the proceedings on account of the settlement under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioners were arrayed as accused 1 and 2 in Crime No.273/2014 of Kozhikode Cusba police station which was registered on the basis of a complaint given by the second respondent against the present petitioners and 10 identifiable persons alleging offences under Sections 143, 147, 148, 452, 323, 308, 427 and 506(ii) read with Section 149 of the Indian Penal Code. While the investigation was in progress, the matter has been settled between the parties. In fact it was relating to some property dispute which resulted in the incident and registration of the crime and the same has been now settled between the parties as per Annexure A3 agreement and the de facto complaint has filed Annexure A4 affidavit also in support of the same. The civil dispute Crl.M.C.No.2940 of 2014 2 between the parties were settled as a result of the settlement. So the de facto complainant does not want to prosecute either the petitioners or other persons mentioned in the First Information Report. No purpose will be served by proceeding with the case. Since it is in crime stage and some of the offences are non compoundable in nature, neither the police nor the court will drop the proceedings at this stage. So the petitioners have no other remedy except to approach this Court seeking the following relief: For the reasons stated above, it is respectfully prayed that this Hon'ble Court may be pleased to pass an order quashing Annexure A1 FIR in Crime No.273/2014 of Kozhikode Cusba police station and the proceedings in pursuant to the same for the interest of justice. 3. The second respondent appeared through counsel and submitted that the entire dispute between the parties has been settled and he does not want to proceed with the investigation or prosecution which has been registered on the basis of his complaint against the petitioners and ten other identifiable persons involved in the case. He had filed Annexure-A4 affidavit stating these facts. 4. The counsel for the petitioners submitted that in view Crl.M.C.No.2940 of 2014 3 of the settlement, no purpose will be served by proceeding with the investigation as it will only amount to wastage of judicial time and he prayed for allowing the application. 5. The learned Public Prosecutor, on instructions, as directed by this Court, submitted that except this case, there is no other case, but opposed the application. 6. It is an admitted fact that the petitioners and the second respondent were having some property dispute and as result of the same their relationship strained and on the unfortunate day some incident happened and on the basis of the complaint given by the second respondent Annexure-A1 First Information Report was registered as Crime No.273/2014 of Kozhikode Cusba police station against the petitioners and ten identifiable persons alleging offences under Sections143, 147, 148, 452, 323, 308, 427 and 506(ii) read with Section 149 of the Indian Penal Code and investigation is in progress. It is also an admitted fact that there were civil disputes also between the parties in respect of the same. Now the mater has been settled between the parties due to intervention of well wishers of both the parties and that resulted in execution of Annexure A3 settlement agreement. As per the agreement, both the parties 4 Crl.M.C.No.2940 of 2014 agree to withdraw all the cases between them. Accordingly the second respondent has filed Annexure-A4 affidavit stating these facts expressing his willingness to quash the entire proceedings in respect of Crime No.273/2014 of Kozhikdoe Cusba police station. In view of the settlement, there is no possibility of conviction also. Further, on account of the settlement, the relationship between the petitioners and the second respondent has been restored as well. Further it is a property dispute which resulted in registration of the crime and since the matter has been settled, it cannot be said that it is having any public interest as well. It is true that offence like Section 308 of the Indian Penal Code was included. I am not at this stage going to the the questions whether allegations are sufficient to attract the offence in view of the fact that the matter has been settled and no purpose will be served by allowing the investigation or trial to continue and conviction in such case will be remote 7. 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 if it is a matter of property dispute which resulted in registration of crime and filing of final report and if the 5 Crl.M.C.No.2940 of 2014 parties have amicably settled the entire issue regarding property dispute and restored their relationship on account of the settlement, this Court must always give effect to such settlement and quash the proceedings invoking the power under Section 482 of the Code to give effect to the settlement and restoration of harmony between the neighbours. 8. In view of the dictum laid down in the above decision and also considering the fact that it is a private property dispute that resulted in registration of the crime, which has been settled between the parties amicably due to intervention of mediators and no purpose will be served by allowing the investigation to continue or even ultimately if final report is filed, conviction in such cases will be remote, this Court feels that it is a fit case where power under 482 of the Code has to be invoked to quash the proceedings to promote settlement and restoration of relationship between the parties which resulted on account of the settlement. So, the application is allowed and further proceedings in Crime No.273/2014 of Kozhikode Cusba police station as against the petitioners and other ten identifiable persons mentioned is quashed. Crl.M.C.No.2940 of 2014 6 Office is directed to communicate this order to the Judicial First Class Magistrate Court-III, Kozhikode to inform the same to the concerned police station for necessary further action in this regard. **Sd/-** **K. RAMAKRISHNAN, JUDGE.** cl /true copy/ P.S to Judge Crl.M.C.No.2940 of 2014 7