PRAKASHAN v. STATE OF KERALA and PURUSHAN

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** ## **TUESDAY, THE 25TH DAY OF JUNE 2013/4TH ASHADHA, 1935** ## **Crl.MC.No. 1612 of 2013 ()** **--------------------------LP.NO. 9/1999 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA CRIME NO. 109/1990 OF POOCHAKKAL POLICE STATION , ALAPPUZHA** **-------------------------------------------------------------** ## **PEETITIONER/1ST ACCUSED:** **--------------------------------------------** **PRAKASHAN, AGED 53 YEARS, S/O.VELAYUDHAN, KIZHAKEMOOLAKERI, THALAYAXHAM P.O., VAIKOM, KOTTAYAM.** **BY ADVS.SRI.C.V.MANUVILSAN SRI.RAJAN VISHNURAJ** ## **RESPONDENTS/DEFACTO COMPLAINANT:** **-----------------------------------------------------------------------** **1. STATE OF KERALA, REPRESENTED BY S.I OF POLICE, POOCHAKKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR AT THE HIGH COURT, ERNAKULAM - 682 031** **2. PURUSHAN, AGED 64 YEARS, S/O.PAPPAN, POKKATHIL CHERIYIL HOUSE, THYCATTUSERRY.P.O., CHERTHALA, ALAPPUZHA- 688 528** **R1 BY PUBLIC PROSECUTOR SMT.S.HYMA R2 BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.ABHILASH.K.N.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-06-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **sts** ## **Crl.MC.No. 1612 of 2013 ()** **--------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES:** **-----------------------------------------------** **ANNEX A1 A CERTIFIED COPY OF THE FIR IN CRIME NO.109/90 OF POOCHAKKAL POLICE STATION** **ANNEX A2 A CERTIFIED COPY OF THE FIS IN CRIME NO. 109/90 OF POOCHAKKAL POLICE STATION** **ANNEX A3 A CERTIFIED COPY OF THE CHARGE FILED AGAINST THE ACCUSED IN CRIME NO 109/90 OF POOCHAKKAL POLICE STATION** **ANNEX A4 THE SWORN AFFIDAVIT EXECUTED BY THE DEFACTO COMPLAINANT IN FAVOUR OF THE PETITIONER** ## **RESPONDENT(S)' ANNEXURES:** ## **NIL** ## **/TRUE COPY/** ## **P.A.TO.JUDGE** **sts** ## **V.K.MOHANAN, J.** ## **---------------------------------------Crl.M.C.No.1612 of 2013 ---------------------------------------Dated this the 25[th] day of June, 2013** ## **O R D E R** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioner, who is the 1[st] accused in Crime No. 109/90 of Poochakkal Police Station, for the offences punishable under Sections 323, 324, 341 r/w 34 of I.P.C. with a prayer to quash Annexure A1, A2, A3 and all further proceedings against the petitioner in L.P.No.9/99 pending on the file of the JFCM court-II, Cherthala, in the above crime, as the matter is settled out of court. 2. The allegation in the above case is that the de facto complainant launched a complaint before the police against A1 and A2 and because of the said animosity, the accused at about 11 p.m. on 12.9.1990 attacked the de facto complainant, by which he sustained injuries and thus the accused had committed offences punishable under 2 ## **Crl.M.C.No.1612 of 2013** sections 323, 324, 341 r/w 34 of IPC and now, the case of the petitioner is that the matter is settled out of court. 3. Heard the learned counsel for the petitioner as well as the 2[nd] respondent. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that during the pendency of the above crime, the matter is settled amicably between the parties to the dispute which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings. 5. The learned counsel for the 2[nd] respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the de facto complainant does not intend to proceed any further against the petitioner and he has no grievance against him. 6. I have carefully considered the above submissions of the respective counsel. I have verified the 3 ## **Crl.M.C.No.1612 of 2013** documents and materials produced along with the above petition. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition. 7. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only under sections 323, 324, 341 r/w 34 of IPC, which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are involved, the real parties to the dispute approached this Court after having amicably settled the matter. From the submission made by the counsel for the 2[nd] respondent, it appears to me that the de facto complainant has no further grievance against the petitioner/accused in the light of the settlement arrived by them. In this juncture, it is relevant to note the decision of the Honourable Apex Court 4 ## **Crl.M.C.No.1612 of 2013** ## reported in **Gian Singh** v. **State of Punjab** [2012(4) KLT 108(SC)]. In Gian Singh's case, the Supreme Court has held as follows:- “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.” ## It is further held as follows:- “......... 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, mercandile, 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 5 **Crl.M.C.No.1612 of 2013** 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........” According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision is applicable in the present case. According to me, as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote and encourage such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decisions cited supra, this Criminal M.C. 6 ## **Crl.M.C.No.1612 of 2013** can be allowed granting the relief as sought for. In the result, this Crl.M.C. is allowed, quashing Annexure - A1, A2, A3 and all further proceedings pending against the petitioner in Crime No.109/90 of Poochakkal Police Station. Sd/- **V.K.MOHANAN, Judge** ami/ //True copy// P.A. to Judge