Rafath, Anas, Mohammed Shiyaz and Mohammed Fasil v. State of Kerala and others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 25TH DAY OF NOVEMBER 2016/4TH AGRAHAYANA, 1938 Crl.MC.No. 7843 of 2016 () --------------------------- CRIME NO. 466/2016 OF NATTUKAL POLICE STATION , PALAKKAD PETITIONERS/ACCUSED: ------------------------- 1. RAFATH AGED 20 YEARS, S/O.HAMZA, PADINJAREPALLATH HOUSE, KARKIDAKAMKUNNU, ## 2. ANAS AGED 24 YEARS, S/O.SUBAIR, AMBUKKAD, KARKIDAKAMKUNNU, MANNARKKAD, 3. MOHAMMED SHIYAZ, AGED 19 YEARS, S/O.SAINUDHIN, PACHIRI VEEDU, KARKIDAKKAMKUNNU, MANNARKKAD, ## 4. MOHAMMED FASIL AGED 20 YEARS, S/O.HYDER, PUTHENKODUPULIYAKALATHIL HOUSE, KARKIDAKAMKUNNU, MANNARKKAD BY ADV. SRI.MANSOOR.B.H. ## RESPONDENTS/STATE & DEFACTO COMPLAINANT/INJURED: ------------------------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH STATION HOUSE OFFICER, NATTUKAL POLICE STATION, MALAPPURAM DISTRICT, PIN-676001. ## 2. HARIDASAN AGED 21 YEARS, S/O.KARUPPAN, VATTAPRAMBIL, PUNNAKKAD, KARUVARAKUNDU, MALAPPURAM PIN-676001. ## 3. AJMAL P AGED 19 YEARS, S/O.ABBAS, PALEMPADIYAN HOUSE, PUNNAKKAD, KARUVARAKUNDU, MALAPPURAM, PIN 676001. 4. FAHIS M P AGED 18 YEARS, S/O.ABDUL MAJEED, MATTAPARA VEEDU, PUNNAKKAD, KARUVARAKUND, MALAPPURAM 676001. 5. MOHAMMED FAYIZ, AGED 18 YEARS, S/O.ABOOBACKER, OTTUPARA HOUSE, PUNNAKKAD, KARUVARAKUND, MALAPPURAM 676001. R2-R5 BY ADV. SRI.C.M.KAMMAPPU R BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 7843 of 2016 () --------------------------- ## APPENDIX ## PETITIONER(S)' ANNEXURES ---------------------------------------ANNEXURE A COPY OF FINAL REPORT IN CRIME NO 369/2013 OF KOLATHUR POLICE STATION. ANNEXURE B NOTARISED AFFIDAVIT OF THE DEFACTO COMPLAINANT/SECOND RESPONDENT AND THE OTHER INJURED/RESPONDENTS 3 TO 5 RESPONDENT(S)' ANNEXURES ------------------------------------------- NIL /TRUE COPY/ VPS PS TO JUDGE **RAJA VIJAYARAGHAVAN.V, J ---------------------------------------Crl.M.C. No.7843 of 2016 ----------------------------------------Dated this the 25th day of November, 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 4 in Crime No.466 of 2016 of Nattukal Police Station registered at the instance of the 2[nd] respondent herein alleging offences punishable under sections 143, 147, 148, 341, 323, 324, 308 and 427 read with 149 of the IPC. Respondents 3 to - 5 are the victims. - 3.The prosecution allegation is that the accused in furtherance of their common intention wrongfully restrained the respondents 2 to 5 and assaulted them Crl.M.C.7843/2016 2 causing injuries. It is also alleged that due to the acts of the petitioners herein the 2[nd] respondent sustained loss to the tune of Rs.50,000/-. - 4.Heard the submissions advanced. - 5.The learned counsel appearing for the party respondents submits that the dispute between the parties has been amicably resolved. Attention of this Court is invited to the affidavit filed by them to buttress their 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 Crl.M.C.7843/2016 3 against the petitioners. ## 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: Crl.M.C.7843/2016 4 ## _XXXXXXXXXXXX_ _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 Crl.M.C.7843/2016 5 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 FIR in Crime No.466 of 2016 of Nattukal Police Station and all proceedings pursuant thereto against the petitioners are quashed. **Sd/-** **RAJA VIJAYARAGHAVAN.V. JUDGE** vps