Muhammed Hisham P.M. v. Subhash P. & State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** ## **FRIDAY, THE 26TH DAY OF SEPTEMBER 2014/4TH ASWINA, 1936** ## **Crl.MC.No. 5466 of 2014 ()** ## **--------------------------CC.NO. 136/2013 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD ----------------** ## **PETITIONERS/ACCUSED NOS. 1 TO 4 :** **--------------------------------------------------------** ## **1. MUHAMMED HISHAM P.M.,** - **AGED 22 YEARS, S/O.P.A.ABHUL MAJEED,** - **KMC XXI-188, GRACE HOUSE PALLIKKAL, THALANKARA,** - **KASARAGOD DISTRICT.** **2. ROSHAN CRASTA, AGED 27 YEARS,** - **S/O.LUIS CRASTA, GUVATHADUKKA HOUSE, RD NAGAR MADHOOR PANCHAYATH, KASARAGOD DISTRICT.** **3. MUHAMMED NIZAMUDDEEN, AGED 21 YEARS S/O.ABDHUL SAMAD, THALANKARA,** **KASARAGOD DISTRICT.** **4. ABDHUL RASHEED, AGED 30 YEARS,** - **S/O.USMAN, CHATTAM KUZHI QUARTERS WARD NO.XV-172 MUTTATHODI VILLAGE MADHOOR PANCHAYATH, KASARAGOD DISTRICT.** ## **BY ADV. SRI.K.P.HARISH** ## **RESPONDENTS/DEFACTO COMPLAINANT/CW1 & STATE OF KERALA :** - **------------------------------------------------------------------------------------------------------** ## **1. SUBHASH P., AGED 30 YEARS** - **S/O.ASOKAN, CHOWKI QUARTERS, KUDLU VILLAGE KASARAGOD TALUK, H.NO.488/10 OF WEST ELERI G.P ATTHIKKAL HOUSE, POST NATTAKKAL, PARAPPA (VIA) HOSDURG TALUK, KASARAGOD DISTRICT- 671 121.** ## **2. STATE OF KERALA** **REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.** **R1 BY ADV. SRI.S.R.SREEJITH R2 BY PUBLIC PROSECUTOR SMT. R. REMA** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Mn** **...2/-** ## **Crl.MC.No. 5466 of 2014 () ------------------------------------** ## **APPENDIX** ## **PETITIONERS' ANNEXURES :** |**PETITIONERS' ANNEXURES :**|**PETITIONERS' ANNEXURES :**| |---|---| |**------------------------------------------**|| |**ANNEXURE A1.**|**COPY OF THE FIR IN CRIME NO.724/12 OF THE KASARAGOD**| ||**POLICE STATION.**| |**ANNEXURE A2.**|**COPY OF THE FINAL REPORT DATED 30.06.12 IN CRIME**| ||**NO.724/12 AS NUMBERED AS CC 136/13 OF CHIEF JUDICIAL**| ||**MAGISTRATE COURT, KASARAGOD.**| |**ANNEXURE A3.**|**COPY OF THE AFFIDAVIT DATED 30.08.14 SIGNED BY THE**| ||**DEFACTO COMPLAINANT/RESPONDENT NO.1 BEFORE AN**| ||**ADVOCATE NOTARY.**| **RESPONDENT(S)' EXHIBITS : NIL -----------------------------------------------------------** **//TRUE COPY//** **P.A. TO JUDGE Mn** ## **V.K.MOHANAN, J. ------------------------------Crl.M.C.No.5466 of 2014** **------------------------------Dated this the 26[th] day of September, 2014.** ## **O R D E R** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are the accused in C.C.No.136 of 2013 of the Chief Judicial Magistrate CourtKasaragod, which is a case instituted upon the police report [in Crime No.724 of 2012 of Kasaragod Police Station] for the offences punishable under Sections 454, 392 r/w 34 of I.P.C. with a prayer to quash all further proceedings pending against the petitioners in the above calendar case, as the matter is settled out of court. 2. The allegation in the above case is that on 10.6.2012 at 3.30 p.m. at Chowki Quarters in Kudlu village, the accused persons trespassed into the rented Quarters of the de facto complainant and snatched his gold chain from **Crl.M.C.No.5466 of 2014** 2 his neck and thereby committed the offence as alleged by the prosecution. Now, the case of the petitioners is that the matter is settled out of court. 3. Heard the learned counsel for the petitioners as well as the 1[st] respondent. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioners submitted that during the pendency of the above case, the matter is settled amicably between the parties to the dispute, which is the subject matter of the above case, as per Annexure A3 affidavit signed by the 1[st] respondent/de facto complainant. Therefore, the continuation of the proceedings in the above case is abuse of process of law and proceedings. 5. The learned counsel for the 1[st] respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the de facto complainant, does not intend to proceed any **Crl.M.C.No.5466 of 2014** 3 further against the petitioners and he has no grievance against them. 6. I have carefully considered the above submissions of the respective counsel. I have verified the documents and materials produced along with the above petition. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition. 7. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only under Sections 454, 392 r/w 34 of I.P.C. which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are involved, the real parties to the dispute approached this Court after having amicably settled the matter. From the submission made by the **Crl.M.C.No.5466 of 2014** 4 counsel for the 1[st] respondent, it appears to me that the de facto complainant has no further grievance against the petitioners/accused in the light of the settlement arrived by them. In this juncture, it is relevant to note the decision of the Honourable Apex Court reported in **Gian Singh** v. **State of Punjab** [2012(4) KLT 108(SC)]. In Gian Singh's case, the Supreme Court has held as follows:- “57. 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 the purposes of quashing, particularly the offences arising from commercial, financial, mercandile, **Crl.M.C.No.5466 of 2014** 5 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........” According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision is applicable in the present case. According to me, as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote and encourage such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and 6 ## **Crl.M.C.No.5466 of 2014** abuse of process of the court and proceedings. Thus, according to me, following the decision cited supra, this Criminal M.C. can be allowed granting the relief as sought for. In the result, this Crl.M.C. is allowed, quashing all further proceedings pending against the petitioners in C.C.No.136 of 2013 of the Chief Judicial Magistrate CourtKasaragod, pursuant to Crime No.724 of 2012 of Kasaragod Police Station. Sd/- **V.K.MOHANAN, Judge.** ami/ //True copy// P.A.to Judge