MARIYAMMA THOMAS @ RANI and THOMAS MATHEW v. OMANA @ SARAMMA and STATE OF KERALA

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 31ST DAY OF OCTOBER 2014/9TH KARTHIKA, 1936** **Crl.MC.No. 6168 of 2014** **------------------------------------** ## **C.C.NO.432/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PATHANAMTHITTA** **---------------** ## **PETITIONER(S)/ACCUSED NO.1 AND 2 :** **----------------------------------------------------------** **1. MARIYAMMA THOMAS @ RANI, AGED 41 YEARS, W/O.THOMAS MATHEW, MULLAN KUZHIYIL HOUSE, THAMBAKKULAM, THANNITHODE, PATHANAMTHITTA.** **2. THOMAS MATHEW, AGED 43 YEARS,** - **S/O.MATHEW, MULLAN KUZHIYIL HOUSE, THMABAKKULAM, THANNITHODE, PATHANAMTHITTA.** **BY ADV. SRI.M.T.SURESHKUMAR** ## **RESPONDENT(S)/DEFACTO COMPLAINANT/STATE :** **----------------------------------------------------------------------------** **1. OMANA @ SARAMMA, AGED 34 YEARS, D/O.MARIYAMMA, VALIYA IRUPPAKKATTIL, THUMBAKKULAM, THANNITHODE, PATHANAMTHITTA-689 645.** **2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.** **R1 BY ADV. SMT.T.J.SEEMA** **R2 BY PUBLIC PROSECUTOR SRI.JITHESH** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-10-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Msd. **Crl.MC.No. 6168 of 2014** **----------------------------------** ## **APPENDIX** **PETITIONER(S)' ANNEXURES :** **ANNEXURE A1: TRUE COPY OF THE FIRST INFORMATION REPORT AND FIS DATED 06-07-2011. ANNEXURE A2: TRUE COPY OF THE FINAL REPORT DATED 03-08-2011.** **RESPONDENT(S)' ANNEXURES :** ## **NIL** **//TRUE COPY//** **P.S.TO JUDGE.** Msd. ## **ALEXANDER THOMAS, J. ----------------------------Crl.M.C.No.6168 Of 2014 --------------------------------Dated this the 31[st] day of October, 2014.** ## **O R D E R** The two petitioners herein are the accused Nos. 1 & 2 in the impugned Annexure-A1 FIR in Crime No.51/2011 of Thannithode Police Station alleging offences punishable under Secs.447, 341, 323, 324, 354, 294(b), 427 r/w 34 IPC. The copy of the impugned FIR in Crime No.51/2011 is marked as Annexure-A1. Police after investigation filed Annexure-A2 Final Report/Charge Sheet in the impugned Annexure-A1 FIR in Crime No.51/2011 of Thannithode Police Station which is now pending as C.C.No.432/2011 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta. The 1[st] respondent herein is the defacto complainant and the injured in the case. The gist of the allegation is that on 5.7.2011 at about 1:30 p.m. while the wire fencing of the property of the defacto complainant-1[st] respondent herein was in progress, the accused Nos.1 & 2, who are the neighbours and adjacent property owners who had long standing boundary dispute with the defacto complainant raised objections and the workers had allegedly intimated the objections of the accused to the defacto ::2:: ## **Crl.M.C.No.6168 Of 2014** complainant and on reaching the spot the 2[nd] accused was found engaged in an altercation with the workers. On seeing the defacto complainant he had allegedly assaulted her with the handle of a chopper on her left cheek and as a result of which she had fell down and on seeing this the accused No.1 had allegedly caught hold of the defacto complainant by her hand and the 2[nd] accused had allegedly hit on her back and she was further abused by the accused in filthy language and the workers had intervened and accused No.2 allegedly torn her churidar and she was allegedly taken to the hospital and intimation was given from the hospital in response to which the Sub Inspector of Police had registered the impugned Annexure-A1 FIR etc. It is stated by the petitioners that they are innocent of the allegations and that they are implicated falsely due to personal vengeance arising out of above said dispute and that there was a long standing boundary dispute between the rival parties. It is further stated that the disputes between the petitioners and the 1[st] respondent-defacto complainant have been amicably settled out of court and both parties are no grievance against each other. The rival parties ::3:: ## **Crl.M.C.No.6168 Of 2014** in their wisdom have now learnt that the continued proceedings before the court below instituted on the basis of Annexure-A2 Final Report would only remain as a scratch in the healing wound. The 1[st] respondent has sworn to affidavit dated 2.6.2014 which is produced in this Crl.M.C along with Crl.M.A.No.10146/2014 stating the above aspects and further stating that she has no surviving grievance against the petitioners and they are living happily as neighbours and any further continuation of the proceedings will only tamper the smooth and cordial atmosphere between them and that the impugned criminal proceedings may be terminated that the disputes between the parties are purely personal in nature and no public interest is involved and she has no objection in allowing the prayer in the Crl.M.C. It is in the background of these facts and circumstances, the instant Crl.M.C has been filed with the prayer to quash the impugned Annexure-A2 Final Report/Charge Sheet filed in the impugned Annexure-A1 FIR in Crime No.51/2011 of Thannithode Police Station which has led to the pendency of C.C.No.432/2011 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta and all further ::4:: ## **Crl.M.C.No.6168 Of 2014** proceedings arising therefrom. 2. The Crl.M.C has been admitted and Smt.T.J.Seema, Advocate, has taken notice for the 1[st] respondent and the learned Public Prosecutor has taken notice for the 2[nd] respondent-State of Kerala. 3. Heard Sri.Raja Vijayaraghavan, learned counsel appearing for the petitioners, Smt.T.J.Seema, learned counsel appearing for the 1[st] respondent and the learned Public Prosecutor appearing for the 2[nd] 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 wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State. 5. Smt.T.J.Seema, learned counsel appearing for the ::5:: ## **Crl.M.C.No.6168 Of 2014** 1[st] respondent has submitted on the basis of the specific instructions furnished by the 1[st] respondent that the 1[st] respondent has amicably settled the disputes with the petitioners and that she has 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 she has no grievance against them and that she 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 nature. The crucial aspect of the matter is that though such offences are involved, the real disputants to the controversy, ::6:: ## **Crl.M.C.No.6168 Of 2014** 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 the 1[st] respondent, 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. 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 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_ ::7:: ## **Crl.M.C.No.6168 Of 2014** _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 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 ::8:: ## **Crl.M.C.No.6168 Of 2014** 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 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. ::9:: ## **Crl.M.C.No.6168 Of 2014** In the result, Crl.M.C is allowed and the impugned Annexure-A2 Final Report/Charge Sheet filed in Annexure-A1 FIR in Crime No.51/2011 of Thannithode Police Station which has led to the pendency of C.C.No.432/2011 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta and all further proceedings arising therefrom stand quashed. The petitioners shall forward certified copies of this order to the Station House Officer concerned as well as to the jurisdictional Magistrate concerned. **ALEXANDER THOMAS, Judge.** bkn/-