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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 13TH DAY OF DECEMBER 2016/22ND AGRAHAYANA, 1938** ## **Crl.MC.No. 7228 of 2016 ()** **--------------------------AGAINST CC NO.1108/2016 of J.F.C.M, PATTAMBI CRIME NO. 1203/2015 OF PATTAMBI POLICE STATION, PALAKKAD** ## **PETITIONERS/ACCUSED:** ## **---------------------** ## **1. SIVARAMAN** - **AGED 48 YEARS, S/O.MUTHASSIYAR, KULANGARAPARAMBIL HOUSE, ALIKAPARAMBU, PERUMUDIYOOR.P.O., PATTAMBI, PALAKKAD DISTRICT.679 303.** ## **2. VISHNU** - **AGED 23 YEARS, S/O.RAVEENDRAN, ALIKAPARAMBU HOUSE, PERUMUDIYOOR.P.O., PATTAMBI, PALAKKAD DISTRICT.679 303.** **3. SUNDARAN @ NIKHIL** - **AGED 27 YEARS, S/O.UNNIKRISHNAN, PANTHAMVEETTIL HOUSE, PERUMUDIYOOR.P.O., POOKKATTUKUNNU, PATTAMBI, PALAKKAD DISTRICT.679 303.** **4. DANANJAYAN** - **AGED 28 YEARS, S/O.KUNCHAN, CHEMBOTTUTHODI HOUSE, ALIKAPARAMBU, PERUMUDIYOOR.P.O., PATTAMBI, PALAKKAD DISTRICT.679 303.** **5. SANTHOSH AGED 28 YEARS, S/O.BALAKRISHNAN, SMITHA BHAVAN, ALIKAPARAMBU, PERUMUDIYOOR.P.O., PATTAMBI, PALAKKAD DISTRICT.679 303.** ## **BY ADV. SRI.A.HAROON RASHEED** ## **RESPONDENTS/COMPLAINANT:** **--------------------------** **1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** ## **2. ANOOP** **AGED 26 YEARS, S/O.DASAN, THEKKUMPURAM KURUPPANMARIL HOUSE, ALIKAPARAMBU, PERUMUDIYOOR.P.O., PATTAMBI TALUK, PALAKKAD DISTRICT.679 303.** **R2 BY ADV. SRI.C.R.REKHESH SHARMA BY PUBLIC PROSECUTOR SRI.T.R.RENJITH** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.No. 7228 of 2016 () ---------------------------** ## **APPENDIX** **PETITIONER(S)' ANNEXURES** **----------------------ANNEXURE A1 THE TRUE COPY OF THE F.I.R IN CRIME NO.1203/2015 OF PATTAMBI POLICE STATION. ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET ALONG WITH WITNESS MEMORANDUM IN CRIME NO.1203/2015 OF PATTAMBI POLICE STATION.** **ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 2ND RESPONDENT.** **RESPONDENT(S)' ANNEXURES** **-----------------------** ## **NIL** **/TRUE COPY/** **VPS PS TO JUDGE** ## **RAJA VIJAYARAGHAVAN.V, J ---------------------------------------Crl.M.C. No.7228 of 2016 ----------------------------------------Dated this the 13[th] day of December, 2016** ## **O R D E R** - 1.This petition is filed under S.482 of the Code of Criminal Procedure (hereinafter referred to as the Code) with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings. - 2.The petitioners herein are the accused Nos.1 to 5 in C.C. No.1108 of 2016 on the file of the Judicial Magistrate of First Class, Pattambi. In the aforesaid case, they stand indicted under sections 143, 147, 148, 341, 324, 427, 506 (ii) read with 149 of the IPC. - 3.The prosecution allegation is that on 27.12.2015 at 9.15 p.m, the petitioners herein formed themselves into an unlawful assembly and in prosecution of their common Crl.M.C.7228/2016 2 object wrongfully restrained the 2[nd] respondent and thereafter assaulted him with weapons causing injuries. - 4.Heard the submissions advanced. - 5.The learned counsel appearing for the 2[nd] respondent submits that the dispute between the parties has been amicably resolved. Attention of this Court is invited to the affidavit filed by him to buttress his submission. It is urged that the dispute is purely personal in nature and would not affect public peace or tranquility. Summing up it is prayed that the criminal proceedings be terminated to promote peace and harmony. - 6.The learned Public Prosecutor after getting instructions has expressed his reservations in the matter of quashing the proceedings on the basis of settlement. It is submitted that the invocation of powers under Section 482 of the Code in a case of this nature is not warranted. However, it is submitted that no other cases are reported against the petitioners. Crl.M.C.7228/2016 3 ## 7.I have considered the submissions . ## 8.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 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: _XXXXXXXXXXXX_ Crl.M.C.7228/2016 4 _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_ _(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._ _xxxxxxx_ _xxxxxxx_ 10.The offence committed by the petitioners 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 Crl.M.C.7228/2016 5 invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings. In the result, this petition will stand allowed. AnnexureA2 final report and all proceedings pursuant thereto against the petitioners now pending as C.C. No.1108 of 2016 on the file of the Judicial Magistrate of First Class, Pattambi are quashed. **Sd/RAJA VIJAYARAGHAVAN.V. JUDGE** vps