Niyas P.M., N.P.Rahul Das and Shinoj K. v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** **FRIDAY, THE 14TH DAY OF MARCH 2014/23RD PHALGUNA, 1935** ## **Crl.MC.No. 1548 of 2014** **--------------------------CC NO. 807/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT IV,KOZHIKODE CRIME NO. 475/2012 OF NADAKKAVU POLICE STATION , KOZHIKODE** **...** **PETITIONER(S)/ACCUSED:-:** **----------------------------------------------** ## **1. NIYAS P.M.,** **S/O.MOHAMMED, RIYAS MANZIL, ST.VINCENT COLONY, ASOKAPURAM, KOZHIKODE.** ## **2. N.P.RAHUL DAS,** **S/O.RAJEEVAN, CHETTIYAM VAYAL HOUSE, WEST HILL, NEAR KANAKALAYA BANK, KOZHIKODE.** ## **3. SHINOJ K.,** **S/O.SAHADEVA, SARADA NIVAS, KANNANKADAVU, GANDHI ROAD, NEAR KERALA SOAP COMPANY.** **BY ADV. SRI.P.SHAMSUDIN** ## **RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:-:** **----------------------------------------------------------------------------------------** ## **1. STATE OF KERALA,** - **REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** ## **2. FEBIN MUSTHAFA, AGED 23 YEARS,** **S/O.MUSTHAFA, VARALIL HOUSE, CHERUVATTAKKADAVU, PARAMBIL BASAR, KURUVATTOOR - 673 012, KOZHIKODE.** **R1 BY PUBLIC PROSECUTOR SRI.N.SURESH R2 BY ADV. SMT.NIMA JACOB** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Kss** ## **Crl.MC.No. 1548 of 2014** **-----------------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES:** **---------------------------------------------** **ANNEXURE A1. CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.475/2012 OF NADAKKAVU POLICE STATION.** **ANNEXURE A2. TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT.** ## **RESPONDENT(S)' ANNEXURES:** **----------------------------------------------N I L** **/TRUE COPY/** **P.S.TO JUDGE** **Kss** ## **K. RAMAKRISHNAN, J.** ................................................. Crl.M.C.No.1548 of 2014 .................................................. Dated this the 14[th] day of March, 2014. ## **O R D E R** This is an application filed by accused Nos. 1 to 3 in C.C.No.807/2012 on the file of the Judicial First Class Magistrate Court-IV, Kozhikode to quash the proceedings on the basis of a compromise under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioners are the accused in C.C.No.807/2012 on the file of the Judicial First Class Magistrate Court-IV, Kozhikode which was originated on the basis of Crime No.475/2012 of Nadakkavu police station, Kozhikode district on the basis of a statement given by the second respondent as the defacto complainant alleging the offences under Sections 323, 341 and 427 read with Section 34 of the Indian Penal Code. After investigation, Annexure-A1 final report was filed and it was taken on file as C.C.No.807/2012 on the file of the Judicial First Class Magistrate Court-IV, Kozhikode. Since they did not appear, non bailable warrant has been issued against them and it is pending. Now the matter has Crl.M.C.No.1548 of 2014 2 been settled between the parties, no purpose will be served in proceeding with the case. Since non bailable warrant is pending against them, apprehending that compounding will not be possible before the concerned Magistrate court, they have no other option but to approach this Court seeking the following relief: For these and other grounds to be urged at the time of hearing it is most humbly prayed that this Hon'ble Court be pleased to quash all further proceedings against the petitioners/accused pursuant to Annexure A1 charge sheet in CC 807/2012 on the files of Judicial First Class Magistrate Court-IV, Kozhikode in Crime No.475/2012 of Nadakkavu police station in Kozhikode District, in the interest of justice. 3. The second respondent appeared through counsel and submitted that the matter has been settled between the parties due to intervention of mediators and he has no objection in quashing the proceedings against the petitioners. The counsel for the petitioners also submitted that in view of the settlement, no purpose will be served in proceeding with the case. 4. On the other hand, the learned Public Prosecutor, on instructions, submitted that though there is no other case against the petitioners, the petitioners have created a fearsome Crl.M.C.No.1548 of 2014 3 situation as well while committing the offence and opposed the application. 5. It is an admitted fact that on the basis of a statement given by the second respondent Crime No.475/2012 of Nadakkavu police station was registered against the petitioners alleging the offence under Sections 323, 341 and 427 read with Section 34 of the Indian Penal Code and after investigation, Annexure A1 final report was filed and the case was taken on file as C.C.No.807/2012 and pending before the Judicial First Class Magistrate Court-IV, Kozhikdoe. It is submitted by the counsel for the petitioners that since the petitioners could not appear before the court below, non bailable warrant has been issued against them and it is pending. It is also seen from Annexure A2 affidavit that the matter has been settled between the petitioners and the second respondent and due to intervention of mediators, harmony has been restored between them. On going through the nature of the offences alleged also, no serious injuries have been inflicted. The petitioners have no other criminal background as well. 6. Further in the decision reported in **Gian Singh v. State of Punjab** (2012 (4) KLT 108 (SC), the Hon'ble Supreme Court 4 Crl.M.C.No.1548 of 2014 ## has held that: “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 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 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 the criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and 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 affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” 7. So considering the circumstances and also the dictum laid down in the above decision and also considering the fact that no purpose will be served in allowing the prosecution to continue in view of the settlement, this Court feels that the power under Section 482 can be invoked to quash proceedings to promote harmony that has been restored on account of the Crl.M.C.No.1548 of 2014 5 settlement. Therefore, this petition is allowed and further proceedings in C.C.No.807/2012 (Crime No.475/2012 of Nadakkavu police station, Kozhikode district) pending before the Judicial First Class Magistrate Court-IV, Kozhikode as against the petitioners is quashed. Office is directed to communicate this order to the concerned court immediately. Sd/- ## **K. RAMAKRISHNAN, JUDGE.** cl /true copy/ P.S to Judge Crl.M.C.No.1548 of 2014 6