Muneer @ Kunjava and Mohammed Riazudeen v. State of Kerala and Mohammed Mustaffa

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE 31ST DAY OF MAY 2013/10TH JYAISHTA 1935 Crl.MC.No. 3962 of 2012 () --------------------------CP. 46/2012 of J.M.F.C., PATTAMBI CRIME NO. 505/2010 OF PATTAMBI POLICE STATION, PALAKKAD PETITIONER(S)/ACCUSED: ----------------------------- 1.MUNEER @ KUNJAVA, AGED 21 YEARS S/O. MOHAMMED ALI, PUTHENPURAYIL VEEDU, VALLAPPUZHA PATTAMBI, PALAKKAD DISTRICT. 2.MOHAMMED RIAZUDEEN @ RIAZ, AGED 27 YEARS S/O. KOYAKUTTY HAJI, PUTHENPURAYIL VEEDU, (IRAKKAN) CHERPLASSERY, PALAKKAD DISTRICT BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/STATE/ DEFACTO COMPLAINANT: ---------------------------------------------------------- 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682031 (CRIME NO. 505/2010 OF PATTAMBI POLICE STATION PALAKKD DISTRICT) 2.MOHAMMED MUSTAFFA, S/O. MOIDEEN, KOLLARUTHODI VEEDU, MALAPPURAM VALLAPPUZHA P.O, PATTAMBI, PALAKKAD DISTRICT- 679336 R2 BY ADV. SRI.VINOD KUMAR.C R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31-05-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.3962/12 ## APPENDIX PETITIONERS' EXHIBITS: - ANNEXURE-I:COPY OF THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 15.12.2012. - ANNEXURE-II:COPY OF THE FINAL REPORT IN CRIME NO.505/10 OF PATTAMBI POLICE STATION WHICH IS NOW PENDING AS C.P.NO.46/2012 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE ## **C.T. RAVIKUMAR, J. ========================== CRL.M.C. No.3962 OF 2012 ==========================** Dated this the 31[st] day of May, 2013 ## **ORDER** Petitioners are accused in crime No.505 of 2010 Pattambi Police Station registered alleging commission of offences under sections 427 and 308 read with section 34 of the Indian Penal Code and the committal proceedings is pending against them before the Court of Judicial First Class Magistrate, Pattambi as C.P.NO.46 of 2012. The gist of the allegation against the petitioners is that on 27.10.2010 at about 5.30 p.m., while they were playing with crackers in front of the house of the defacto complainant/second respondent, he requested them to play somewhere else and that resulted in an altercation between them and in the melee, the petitioners beat him with an iron rod and also pelted stones at him. Consequently, the second respondent sustained injuries. This petition has been filed seeking quashment of Annexure-II final report laid in crime No.505 of 2010 of Pattambi Police Station and all further proceedings pursuant thereto **Crl.M.C.3962/12** 2 pending against the petitioners in C.P.No.46 of 2012 on the files of the Court of Judicial First Class Magistrate, Pattambi on the strength of the settlement arrived at between the petitioners and the second respondent. 2. I have heard the learned counsel for the petitioners, the learned counsel appearing for the second respondent and the learned Public Prosecutor. 3. Earlier, this Court passed an order on 20.5.2012 requiring the of the second with presence respondent identity proof. Consequently, he appeared before this Court and his identity was verified and established and that factum is recorded by this Court as per order dated 29.5.2013. Appearance of the second respondent was dispensed with as per the said order. 4. The factum that the entire disputes that lead to the registration of the aforesaid crime has been amicably settled between the parties, is duly verified in Annexure-I affidavit sworn in by the **Crl.M.C.3962/12** 3 second respondent. The learned counsel appearing for the second respondent submitted that the petitioners and the second respondent are close neighbours and the entire disputes between them have been settled amicably with a view to bring home friendliness among them. The petitioners are allegedly committed offences under section 427 and 308 read with section 34 IPC. In terms of the provisions under section 320 Cr.P.C, offence under section 427 IPC is compoundable by the person on whom loss or damage is caused. Admittedly, it is the second respondent who sustained loss and indisputably, he has expressed his willingness to compound the said offence as against the petitioners. The petitioners are also allegedly committed offence under section 308 which is not compoundable in terms of section 320 Cr.P.C. However, in the light of the decision of the Hon'ble Apex Court in **B.S.Joshi v. State Haryana [2003 (2) KLT 1062 SC],** the provisions under section 320 Cr.P.C will not limit or affect exercise of the powers under section 482 Cr.P.C in appropriate cases, by the High Courts. In other words, if the parties have amicably settled and compromised the matter and that compromise is not against the public interest, the Court could act upon the same and terminate the **Crl.M.C.3962/12** 4 proceedings, going by the dictum laid down by the Hon'ble Apex Court in **B.S.Joshi's** case (supra). The petitioners are charged under section 308 IPC on the allegation that had the second respondent not parried when he was beaten with iron rod, it would have resulted in his death. In view of the nature of the allegations levelled against the petitioners and taking into account the compromise arrived at between the parties and also the fact that the parties have arrived at a settlement to bring home friendliness among them, I am of the considered view that it is only appropriate to terminate the proceedings against the petitioners to secure ends of justice. In the result, this Crl.M.C is allowed. Annexure -II final report laid in crime No.505 of 2010 of Pattambi Police Station and all further proceedings pursuant thereto pending against the petitioners in C.P.No.46 of 2012 on the files of the Court of Judicial First Class Magistrate, Pattambi are hereby quashed. **Sd/C.T. RAVIKUMAR (JUDGE)** ## **spc/** **Crl.M.C.3962/12** 5 **C.T. RAVIKUMAR, J.** **Crl.M.C.3962/12** 6 **JUDGMENT September, 2010**