Pushparajan and others v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 13TH DAY OF FEBRUARY 2017/24TH MAGHA, 1938** **Crl.MC.No. 480 of 2017 () -------------------------CC. 356/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT - II, MAVELIKKARA** **--CRIME NO. 457/2014 OF NOORANADU POLICE STATION, MAVELIKKARA** **---** **PETITIONER(S):** **-------------** ## **1. PUSHPARAJAN,** **S/O.NANUKUTTAN, VADAKKEKALAYIL VEEDU, EDAKUNNAMURI, NOORANADU PANCHAYATH, NOORANADU.** **2. ANUROOP, S/O.RAMACHANDRAN, VADAKKEKALAYIL VEEDU, NOORANADU PANCHAYATH, NOORANADU.** **3. SANTHOSH, S/O.KUTTAPPAN, PUSHPAVILASAM VEETTIL, IRAVI CHEROOR.** **4. ANIL KUMAR, S/O.NANUKUTTAN, VADAKKEKALAYIL VEEDU, EDAKUNNAMURI, NOORANADU** **BY ADVS.SRI.K.M.MOHAMMED KUNHI SMT.RUKHIYABI MOHD KUNHI** ## **Crl.MC.No. 480 of 2017 ()** ## **--------------------------** ## **RESPONDENT(S):** ## **--------------** ## **1. STATE OF KERALA** **(SHO, VALAPATTANAM POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.** ## **2. MADHUSUDHAN,** - **S/O.RAMACHANDRAN, ARCHA HOUSE THATHAMUNNA, NOORANADU, MAVELIKKARA 690 504.** ## **3. PUSPAKUMARI,** - **W/O.MADHUSUDHAN, ARCHA HOUSE THATHAMUNNA, NOORANADU, MAVELIKKARA 690 504.** **R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2-R3 BY ADV. SRI.M.A.AHAMMAD SAHEER** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **SKG** ## **Crl.MC.No. 480 of 2017 () --------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS -----------------------** **ANNEXURE A TRUE COPY OF THE FINAL REPORT FILED BY THE RESPONDENT - POLICE BEFORE THE COURT IN CRIME NO.457/2014 OF NOORANADU POLICE STATION MAVELIKKARA ANNEXURE B TRUE COPY OF THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT** **ANNEXURE C TRUE COPY OF THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT** **RESPONDENT(S)' EXHIBITS ----------------------NIL** **/TRUE COPY/** **P.S. TO JUDGE** **SKG** ## **RAJA VIJAYARAGHAVAN.V., J** - - - - - - - - - - - - - - - - - - - - ## Crl.M.C. No. 480 of 2017 - - - - - - - - - - - - - - - - Dated this the 13[th] day of February, 2017 - - - - - - - - - - - - - - - - - - - - - - - - ## **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.On the basis of an FIR lodged by the 2[nd] respondent, Crime No.457 of 2014 of the Nooranadu Police Station was registered and investigation was taken up for offences punishable under Sections 341, 324, 323, 354, 294(b), 427 and 341 of the IPC, and on its completion final report has been laid before the Judicial Magistrate of 1[st] Class-II, Mavelikkara, where the same is pending as C.C.No.356 of 2014. Petitioners 1 and 4 are the brothers of the 3[rd] respondent. The 2[nd] respondent is the husband of the 3[rd] respondent. Crl.M.C. No.480 of 2017 -2- - 3.The prosecution allegation is that on 4.4.2014 at about - 6 p.m, while the respondents 2 and 3 were travelling in an autorickshaw the petitioners herein intercepted the said vehicle and thereafter assaulted them causing bodily injuries. - 4.Learned counsel appearing for the petitioners submits that the parties are near relatives and they have decided to bury the hatchet and to live in peace and harmony. The proceedings are sought to be quashed on the basis of a settlement arrived at between the parties. The learned counsel appearing for the parties submits that in view of the resolution of the disputes , the proceedings before the criminal court is a futile exercise. Much reliance is placed on the separate affidavits sworn to by the party respondents, to buttress their submissions . - 5.The learned Public Prosecutor after getting instructions expresses her reservations in the matter. However, it is Crl.M.C. No.480 of 2017 -3- submitted that the petitioners are not persons with criminal antecedents . 6.I have considered the submissions . 7.The position with regard to quashing of proceedings on the basis of a compromise arrived at 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 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_ Crl.M.C. No.480 of 2017 -4- _to quash the criminal proceedings.”_ 8.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: _XXXXXXXXXXX_ _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_ 9.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 Crl.M.C. No.480 of 2017 -5- 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. 10.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. In the result, this petition will stand allowed. Annexure-A final report and all proceedings pursuant thereto against the petitioners now pending as C.C.No.356 of 2014 on the file of the Judicial Magistrate of First Class-II, Mavelikkara are quashed. **RAJA VIJAYARAGHAVAN.V., JUDGE** ps/13/2/2017