Paul, Nibin, and Christy v. Bernad Shah and State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** **THURSDAY, THE 24TH DAY OF JULY 2014/2ND SRAVANA, 1936** ## **Crl.MC.No. 3766 of 2014 ()** **--------------------------CRIME NO. 109/2014 OF EAST KALLADA POLICE STATION, KOLLAM -----------** ## **PETITIONERS/ACCUSED NOS 1 TO 3 :** **------------------------------------------------------** ## **1. PAUL, AGED 26 YEARS,** - **S/O.MARY DASAN, PLAVILA VEEDU, KODUVILA, EAST KALLADA, KOLLAM** **2. NIBIN, S/O.MARY DASAN, PLAVILA VEEDU, KODUVILA EAST KALLADA, KOLLAM** **3. CHRISTY, S/O.MARY DASAN, PLAVILA VEEDU, KODUVILA EAST KALLADA, KOLLAM** **BY ADV. SRI.V.V.RAJA** ## **RESPONDENTS/CHANRGE WITNESSESS 1 & 2 & STATE :** **---------------------------------------------------------------------------------** ## **1. BERNAD SHAH, AGED 32 YEARS,** **S/O.STANILAVOS, RESIDING AT SHEEJA MANDIRAM, PARICHERY KEZHUVILA MURI, KIZHAKKE VILLAGE, KOLLAM 691 001** ## **2. STATE OF KERALA** **REPRESENTED BY THE PUBLIC PROSECUTOR, HIGHC OURT OF KERALA, ERNAKULAM 682 031** **R1 BY ADV. SRI.AJEESH K.SASI R2 BY PUBLIC PROSECUTOR SMT. HYMA** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **BP** ## **Crl.MC.No. 3766 of 2014 ()** **---------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **-------------------------------------** **ANNEXURE 1: TRUE COPY OF THE FIR AND FIS IN CRIME NO 109 OF 2014 OF THE EAST KALLADA POLICE STATION** **RESPONDENT(S)' EXHIBITS** **:** **NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **BP** ## **K. RAMAKRISHNAN, J.** ................................................. Crl.M.C.No.3766 of 2014 .................................................. Dated this the 24[th] day of July, 2014. ## **O R D E R** This Criminal Miscellaneous Case is filed by accused 1 to 3 in Crime No.109/2014 of East Kallada Police Station (Kollam District) to quash the proceedings on the basis of a settlement under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioners have been arrayed as accused 1 to 3 in Crime No.109/2014 of East Kallada Police Station, which was registered on the basis of a statement given by the first respondent as defacto complainant alleging commission of the offences under Sections 294(b), 323, 324, 326 read with Section 34 of the Indian Penal Code. The petitioners are brothers and defacto complainant is their uncle's son. Due to some misunderstanding between the parties, some incident happened, in which the defacto complainant sustained injuries. Due to intervention of family members, the matter has been settled between the parties and the defacto complainant Crl.M.C.No.3766 of 2014 2 does not want to prosecute the case any further on account of the settlement. Since the case is in the crime stage and some of the offences are non compoundable in nature, neither the court below nor the police will drop the proceedings. So the petitioners have no other remedy except to approach this Court seeking the following relief: “In the above circumstance it is most humbly prayed that this Hon'ble Court may be pleased to quash Annexure-1 FIR and all further proceedings in Crime No.109/2014 of the East Kallada Police Station by allowing this Criminal Miscellaneous Case”. 3. The first respondent appeared through counsel and submitted that the parties are relatives and the matter has been settled between the parties. On account of the settlement, the first respondent does not want to prosecute the petitioners any longer. Now the relationship has been restored as well. He had filed an affidavit stating these facts. 4. The counsel for the petitioners also submitted that in view of the settlement, the relationship between them has been restored to the original position and harmony has been brought in the family and he prayed for allowing the application. 3 Crl.M.C.No.3766 of 2014 5. The learned Public Prosecutor, on instructions, as directed by this Court submitted that there is no other case against the petitioners and the parties are relatives but opposed the application on the ground that it is in the crime stage and grave offences have been incorporated. 6. It is an admitted fact that the petitioners are brothers and the first respondent/defacto complainant is their uncle's son. It is also an admitted fact that on the basis of the statement given by the first respondent, Annexure-1 First Information Report was registered as Crime No.109/2014 of East Kallada Police Station against the petitioners alleging offences under Sections 294(b), 323, 324 and 326 read with Section 34 of the Indian Penal Code and investigation is in the preliminary stage. Now the matter has been settled between the parties due to intervention of family members and other well wishers and on account of the settlement, the relationship between the parties has been restored to the original position and harmony has been brought in the family. On account of the settlement, there is no possibility of the defacto complainant or witnesses co-operating with the investigation or filing of the final report or even if final report is filed, there is no possibility Crl.M.C.No.3766 of 2014 4 of conviction in such cases. Further, in the decision reported in **Gian Singh v. State of Punjab** [2012 (4) KLT 108(SC)] it has been held that if the incident occurred due to some private dispute between the parties, who are relatives, and it resulted in registration of the crime and due to intervention of well wishers of both the parties, the dispute is resolved and the original relationship has been restored, then the court must always honour such settlement and promote harmony that has been restored in the family and even if non compoundable offences have been incorporated, in order to achieve that object, the court must invoke the power under Section 482 of the Code and quash the proceedings. Further, it is also settled law that the court must always be slow in quashing the proceedings at the initial stage of investigation unless the court is satisfied that no purpose will be served by proceeding with the case and there is no possibility of conviction and the interest of justice requires quashing at that stage. 7. In view of the above decision and also considering the fact that the dispute is between the relatives and that has been resulted in the registration of crime and that has been settled between the parties due to intervention of mediators 5 Crl.M.C.No.3766 of 2014 and well wishers and their family relationship has been restored and harmony has been brought in the family and there is no possibly of conviction even if ultimately the final report is filed, this Court feels that it is a fit case where power under Section 482 of the Code has to be invoked to quash the proceedings in order to promote settlement which resulted in harmony in the family and pendancy of this case should not be a hurdle for the same. So the petition is allowed and further proceedings in Crime No.109/2014 of East Kallada Police Station as against the petitioners is quashed. Office is directed to communicate this order to the Judicial First Class Magistrate Court-I, Kollam so as to inform the concerned police station for further necessary action in this regard. With the above directions and observations this petition is disposed of. **Sd/K. RAMAKRISHNAN, JUDGE.** cl /true copy/ P.S to Judge Crl.M.C.No.3766 of 2014 6