Nishad v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **FRIDAY, THE 20TH DAY OF JANUARY 2017/30TH POUSHA, 1938** ## **Crl.MC.No. 87 of 2017** **-------------------------** **CP 100/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM CRIME NO. 547/2016 OF MALAPPURAM POLICE STATION , MALAPPURAM** **-----------------** **PETITIONER:** ## **----------** **NISHAD,** **S/O. KANJIMUHAMMED, AGED 31 YEARS, RESIDING AT ADOOKKADAN HOUSE, CHEMMANKADAVU, PARAKKAL, KODUR P.O., MALAPPURAM DISTRICT - 676 504.** **BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH** **RESPONDENT(S):** **--------------** **1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** **2. MISHA,** **W/O. ASHRAFF, AGED 35 YEARS, RESIDING AT PALOLI HOUSE, CHEMMANKADAVU, KODUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT - 676 504.** **3. NISHIN,** **S/O. ASHRAFF, AGED 14 YEARS, RESIDING AT PALOLI HOUSE, CHEMMANKADAVU, KODUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 676 504, (MINOR REPRESENTED THROUGH HIS MOTHER/ LEGAL GUARDIAN THE 2ND RESPONDENT)** **R1 BY PUBLIC PROSECUTOR SRI E.C. BINEESH R2,R3 BY ADV. SRI.AJOY VENU** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **K.V.** **Crl.MC.No. 87 of 2017 ()** ## **-------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES** **-----------------------** **A TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.547/2016 OF MALAPPURAM POLICE STATION IN MALAPPURAM DISTRICT.** **B THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENT DATED 22ND DAY OF DECEMBER 2016.** **RESPONDENT(S)' ANNEXURES NIL** **-----------------------** **/TRUE COPY/** **P.A.TO JUDGE** **K.V.** ## **RAJA VIJAYARAGHAVAN, V., J.** ------------------------------------------ ## **Crl.M.C.No.87 of 2017** -----------------------------------------Dated this the 20[th] day of January, 2017 ## **O R D E R** ## **~~~~~~~~** - 1.This petition is filed under section 482 of the Code of Criminal Procedure ( 'the Code” for brevity ) with a prayer to quash the proceedings pending against the petitioner. - 2.The petitioner herein is the accused in C.P.No.100 of 2016 on the file of the Judicial Magistrate of First Class, Malappuram involving offences punishable under Section 323 and 341 of the IPC read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2000. - 3.The petitioner was working as a conductor of a bus bearing Reg.No.KL-10-V-700. Pursuant to a dispute, which occurred when the 3[rd] respondent demanded a concession ticket, an altercation ensued. In a fit of Crl.M.C. No. 87 of 2017 **-2-** passion, the petitioner is alleged to have pushed the 3[rd] respondent as a result of which he fell down and sustained minor injuries. Based on information furnished by the 3[rd] respondent, the crime was registered. 4.Learned counsel appearing for the petitioner submits that while the proceedings were pending before the court below, the parents and grandparents of the victim were approached by the petitioner and they were appraised of what had actually transpired. The dispute was mediated and the same has been settled according to the counsel. Placing reliance on the accident register cum wound certificate, it is submitted that the injuries sustained are minor . - 5.The respondents 2 and 3 are the father of the victim and the victim respectively . They have entered appearance through counsel . It is submitted by the learned Counsel that the crime was registered under a misconception of Crl.M.C. No. 87 of 2017 **-3-** fact. It is also submitted that they have no subsisting grievance and asserts that they have no objection in terminating the proceedings. - 6.The learned Public Prosecutor was directed to get instructions. It is submitted by the learned Public Prosecution that the statements have been recorded from the victim as well as the parents and grandparents and they have stated in unequivocal terms that they do not desire that the prosecution proceedings against the petitioner should continue. - 7.I have considered the submissions . - 8.The position with regard to quashing of proceedings on the basis of compromise between the parties is by now well settled. In **Gian singh v. State of Punjab** [(2012) 10 SCC 303] Apex Court has laid down that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the Crl.M.C. No. 87 of 2017 **-4-** wrongdoer to put an end to the criminal proceedings. It was observed as follows : _“61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.”_ 9.The aforesaid dictum stands reiterated by the Apex Court in **Narinder singh v. State of Punjab. [** (2014) 6 SCC 466], the pertinent observations which are as under: _xxxxxxx xxxxxxx_ _29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:_ _(i) ends of justice, or_ Crl.M.C. No. 87 of 2017 **-5-** _(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives._ _xxxxxx xxxxxxx_ 10.The offence committed by the petitioner cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society. It is felt that quashing of proceedings on account of compromise would bring about peace and secure the ends of justice. Even otherwise, persisting with the prosecution would be nothing but a waste of time as the prospects of conviction would be bleak. 11.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings. Crl.M.C. No. 87 of 2017 **-6-** In the result, this petition will stand allowed. Annexure-A final report and all proceedings pursuant thereto against the petitioner now pending as C.P.No.100 of 2016 on the file of the Judicial Magistrate of First Class, Malappuram are quashed. **Sd/RAJA VIJAYARAGHAVAN, V. JUDGE** Ps/16/1/2017