Midhun and Vyshak M v. State of Kerala and Others

**2025:KER:25705** **==> picture [57 x 57] intentionally omitted <==** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN** **MONDAY, THE 24[TH] DAY OF MARCH 2025 / 3RD CHAITHRA, 1947** **CRL.MC NO. 9217 OF 2024** **CRIME NO.1000/2023 OF Kozhikode Town Police Station, Kozhikode** ## **PETITIONERS/ACCUSED NO.1 & 2:** - **1 MIDHUN AGED 23 YEARS S/O SASHIDHARAN, THIRUVONAM ROAD, AADUVATTIL, CHELANNUR P O, KOZHIKODE, PIN - 673616** - **2 VYSHAK M AGED 26 YEARS S/O MURALEEDHARAN, KARUNA HOUSE, NAMBUKUNNATHARATHAZHAM, KANNANKARA, CHELANNUR P O KOZHIKODE DISTRICT, PIN - 673616** **BY ADVS. SABIKH MOHAMMED V.S RASHID KAVIL** ## **RESPONDENTS/COMPLAINANTS:** - **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** - **2 THE STATION HOUSE OFFICER KOZHIKODE TOWN POLICE STATION, KOZHIKODE, PIN - 673001** - **3 ALEESHA GEORGE AGED 24 YEARS D/O GEORGE FERNANDEZ, THEKKEKOYIKKAL, HOUSE, 1/2547,PUTHIYANGADI, WEST HILL, KOZHIKODE, PRESENTLY RESIDING AT RAMAKRIPA HOUSE, NADAKKAVU P O, KOZHIKODE,** Crl.M.C.No. 9217 of 2024 ..2.. **==> picture [57 x 58] intentionally omitted <==** ## **2025:KER:25705** **PIN - 673011** **4 ANFILA ASHRAF AGED 25 YEARS D/O ASHRAF.P.E, 13/202, PILIKKALAKATH HOUSE, THOPPUMPADI, ERNAKULAM PRESENTLY RESIDING AT KOODATHUMPOYIL, KAKKODI POST, KOZHIKODE DISTRICT, PIN - 673611** **BY ADV FEBIN RAJ TS** ## **OTHER PRESENT:** **ADV.SEENA C – PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.No. 9217 of 2024 ..3.. **==> picture [57 x 58] intentionally omitted <==** ## **2025:KER:25705** **O R D E R** _Dated this the 24[th] day of March, 2025_ A five Judges Bench of the Punjab and Haryana High Court in _**Kulwinder Singh and Others v. State of Punjab and Another**_ [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in _**Gian Singh v. State of Punjab and another**_ [(2012) 10 SCC 303]. Similarly in _**Narinder Singh and Others v. State of Punjab**_ [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section Crl.M.C.No. 9217 of 2024 **2025:KER:25705** ..4.. **==> picture [57 x 58] intentionally omitted <==** 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offences under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in _**Madan Mohan Abbot v. State of Punjab**_ [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow: _“6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”_ **2.** In the facts at hand, petitioners are accused nos. 1 and 2 in Crime No.1000 of 2023 of Town Police Station, Crl.M.C.No. 9217 of 2024 **2025:KER:25705** **==> picture [59 x 9] intentionally omitted <==** **==> picture [57 x 58] intentionally omitted <==** Kozhikode, now pending as C.C.No.205/2024 before the Judicial First Class Magistrate Court-I, Kozhikode. The offences alleged are under Sections 354, 323 and 324, read with Section 34 of the Indian Penal Code. The petitioners seek quashment of the entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties. **3** . Heard the learned counsel for the petitioners, learned counsel for respondents 3 and 4 and the learned Public Prosecutor. Perused the records. **4.** When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statements of the defacto complainant and the injured were handed over. On perusal of the same, it is clear that the issues between the petitioners, defacto complainant and the injured are amicably settled. The defacto complainant and the victims are disinterested to proceed with the prosecution case, Crl.M.C.No. 9217 of 2024 **2025:KER:25705** ..6.. **==> picture [57 x 58] intentionally omitted <==** any further and that they have no objection in quashing the criminal proceedings against the petitioners. That apart, it is noticed that along with this Crl.M.C, affidavits have been sworn to by the defacto complainant (3rd respondent herein) and the injured (respondent no. 4) as Annexures-A2 & A3, wherein, they would unequivocally state that the disputes have been amicably settled. They would also swear that they have no surviving grievance against the petitioners and that they have no objection in quashing the criminal proceedings against the petitioners. The affidavits are sworn to on their own volition, without any compulsion, whatsoever. This Court is therefore convinced that the settlement arrived at is genuine and bonafide. Learned counsel for the respondents 3 & 4 would also endorse that the quashment sought for can be allowed. **5.** In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in _**Narinder Singh**_ (supra), _**Madan Mohan Abbot**_ (supra) and _**Gian Singh**_ (Supra), are fully satisfied. This Crl.M.C.No. 9217 of 2024 **2025:KER:25705** ..7.. **==> picture [57 x 58] intentionally omitted <==** court is convinced that further proceedings against the petitioners will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. _Dehors_ the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that offence under Section 323 is compoundable, which is all the more a reason to accept the compromise between the parties. In the circumstances, this Crl.M.C. is allowed. Annexure-1 Final Report, and all further proceedings in C.C.No.205/2024 of the Judicial First Class Magistrate Court-I, Kozhikode, are hereby quashed. ## **Sd/-** ## **C. JAYACHANDRAN JUDGE** TR Crl.M.C.No. 9217 of 2024 **2025:KER:25705** ..8.. **==> picture [57 x 58] intentionally omitted <==** ## **APPENDIX OF CRL.MC 9217/2024** ## **PETITIONER ANNEXURES** **Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1000/2023 OF KOZHIKODE TOWN POLICE STATION, KOZHIKODE DISTRICT Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 17.07.2024 SWORN BY THE 3 RD RESPONDENT Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED 17.07.2024 SWORN BY 4TH RESPONDENT**