Rana Prathap and others v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 10[TH] DAY OF OCTOBER 2023 / 18TH ASWINA, 1945** **CRL.MC NO. 7682 OF 2023** **AGAINST THE ORDER/JUDGMENT CC 2812/2017 OF JUDICIAL MAGISTRATE OF** **FIRST CLASS,NEYYATTINKARA (TEMPORARY)** ## **PETITIONER/ACCUSED:** RANA PRATHAP AGED 44 YEARS S/O. DHAMODHARAN, K.S ROAD, VENGANOOR VILLAGE, KOVALAM, THIRUVANANTHAPURAM, PIN - 695527 BY ADVS. V.G.ARUN (K/795/2004) AVANEETH S.R. V.JAYA RAGI NEERAJ NARAYAN R.HARIKRISHNAN (KAMBISSERIL) BHARATH VIJAYAN U.R. ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT NO.1:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 RENJITH KUMAR S/O ANIL KUMAR, PULININNAVILAKAM PUTHENVEEDU, CHANALKKARA, KAMUKINKUZHI, MUTTACAUD, VENGANOOR VILLAGE, KOVALAM, THIRUVANANTHAPURAM, PIN - 695527 BY ADV. SRI.RENJITH T.R., PP SMT.SUSMITHA K.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2023, ALONG WITH Crl.MC.7685/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.7682 & 7685/2023 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 10[TH] DAY OF OCTOBER 2023 / 18TH ASWINA, 1945 CRL.MC NO. 7685 OF 2023** **AGAINST THE ORDER/JUDGMENT CC 925/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS,NEYYATTINKARA (TEMPORARY) PETITIONERS/ACCUSED NO.1 TO 5:** 1 RANA PRATHAP AGED 44 YEARS S/O. DHAMODHARAN, K.S ROAD, VENGANOOR VILLAGE, KOVALAM, THIRUVANANTHAPURAM, PIN - 695527 2 HARIDAS AGED 49 YEARS S/O. PEETHAMBARAN, ROADARIKATHU HOUSE, NEAR CHIRAYIL BRIDGE, MUTTAKADU, VENGANOOR, THIRUVANANTHAPURAM, PIN - 695527 3 ANIL ALIAS ANEESH AGED 28 YEARS S/O. MOHANAN, CHARIVILA HOUSE,, MUTTAKADU DESOM, VENGANOOR, THIRUVANANTHAPURAM, PIN - 695527 4 SARATH AGED 32 YEARS S/O. MADHU, MS BHAVAN, THERIVILA, KOVALAM P.O, THIRUVANANTHAPURAM, PIN - 695527 5 SHAJI AGED 34 YEARS Crl.M.C.Nos.7682 & 7685/2023 3 S/O. CHANDRAN, KIZHAKKEVILA VEEDU, PACHALLOOR DESOM, THIRUVALLOM VILLAGE, KOVALAM P.O, THIRUVANANTHAPURAM, PIN - 695527 BY ADVS. V.G.ARUN (K/795/2004) V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL) NEERAJ NARAYAN AVANEETH S.R. BHARATH VIJAYAN U.R. ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT:** 1 STATE OF KERALA REPRESENTED, REPRESENTED THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031 2 RAJU, AGED 51 YEARS S/O. ANTONY, RESIDING AT PALLICHIRA VEETTIL, CHENNANKARI MURIYIL, KAINERI VILLAGE, KUTTANAD TALUK, ALAPPUZHA, PIN - 688501 BY ADV.SMT.SREEJA. V PP SMT.SUSMITHA K.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2023, ALONG WITH Crl.MC.7682/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.7682 & 7685/2023 4 ## **P.V.KUNHIKRISHNAN, J.** **------------------------------** **Crl.M.C.Nos.7682 & 7685 of 2023 ---------------------------------------------Dated this the 10[th] day of October, 2023** ## **ORDER** These Criminal Miscellaneous Cases are filed to quash all further proceedings pending against the petitioners based on a settlement. 2. Crl.M.C.No.7682/2023 is filed to quash the proceedings against the petitioner in C.C.No.2812/2017 on the file of the Temporary Judicial First Class Magistrate Court, Neyyattinkara arising from Crime No.1147/2017 of Kovalam Police Station and Crl.M.C.No.7685/2023 is filed to quash the proceedings against the petitioners in C.C.No.925/2018 on the file of the Temporary Crl.M.C.Nos.7682 & 7685/2023 5 Judicial First Class Magistrate Court, Neyyattinkara arising from Crime No.1897/2017 of Kovalam Police Station. 3. The offence alleged in these cases are of minor offences. The Public Prosecutor submitted that there is criminal antecedents to the petitioner in Crl.M.C No.7682/2023 who is the 1[st] petitioner in Crl.M.C No.7685/2023. But all other cases registered against the petitioner in Crl.M.C.No.7682/2023 are of minor in nature. In such circumstances, I think this Crl.M.C. can be considered on merit. 4. The learned counsel for the petitioners submits that the parties have settled their dispute and do not wish to pursue the prosecution proceedings. The counsel relies on the affidavits filed by the victims in support of his contention. The Crl.M.C.Nos.7682 & 7685/2023 6 counsel appearing for the victims also submitted that the matter is settled and the victims have no objection in quashing the prosecution. 5. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. But the Public Prosecutor conceded that the matter is settled between the parties. 6. This Court has considered the submission of the petitioners, victims and the Public Prosecutor and has also gone through the records including the affidavits filed by the victims. 7. In **State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688),** three judge bench of the Hon'ble Supreme Court has summarized the situation in which non compoundable offences can be quashed invoking Crl.M.C.Nos.7682 & 7685/2023 7 the powers under Section 482 of the Code. The apex court in _**Laxmi Narayan**_ 's case (supra) also relied on the law laid down in **Gian Singh v. State of Punjab and another (2012 (10) SCC 303)** and **Narinder Singh and others v. State of Punjab and another (2014 (6) SCC 466)** . The apex court in paragraph 13 of the _**Laxmi Narayan**_ 's case discussed the law in detail and the ## same is extracted hereunder: _“13. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under: i) that the power conferred under S.482 of the Code to quash the criminal proceedings for the non - compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;_ _ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;_ _iii) similarly, such power is not to be exercised for_ Crl.M.C.Nos.7682 & 7685/2023 8 _the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender;_ _iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under S.482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of S.307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of S.307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under S.307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital / delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed / charge is framed and / or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated herein above;_ _v) while exercising the power under S.482 of the_ Crl.M.C.Nos.7682 & 7685/2023 9 _Code to quash the criminal proceedings in respect of non- compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement / compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.”_ 8. Keeping in mind the above dictum laid down by the apex court, this court perused the facts in this case and also perused the documents produced by the parties. After going through the entire facts and circumstances I am of the considered opinion that the dispute is private in nature and the settlement can be accepted. Therefore, these Criminal Miscellaneous case are allowed. All further proceedings against the petitioner in C.C.No.2812/2017 on the file of the Temporary Judicial First Class Magistrate Court, Neyyattinkara arising from Crime No.1147/2017 of Crl.M.C.Nos.7682 & 7685/2023 **==> picture [12 x 10] intentionally omitted <==** Kovalam Police Station and all further proceedings against the petitioners in C.C.No.925/2018 on the file of the Temporary Judicial First Class Magistrate Court, Neyyattinkara arising from Crime No.1897/2017 of Kovalam Police Station are quashed. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** Crl.M.C.Nos.7682 & 7685/2023 11 ## **APPENDIX OF CRL.MC 7685/2023** PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO. 1897/2017 DATED 07.12.2017 OF KOVALAM POLICE STATION ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1897/2017 OF KOVALAM POLICE STATION NUMBERED AS CC NO. 925/2018 ON THE FILES OF TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE COURT, NEYYATTINKARA ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT DATED 20.03.2023 SWORN BY THE DE FACTO COMPLAINANT Crl.M.C.Nos.7682 & 7685/2023 12 ## **APPENDIX OF CRL.MC 7682/2023** PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO. 1147/2017 DATED 28.07.2017 OF KOVALAM POLICE STATION ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1147/2017 OF KOVALAM POLICE STATION NUMBERED AS CC NO. 2812/2017 ON THE FILES OF TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE COURT, NEYYATTINKARA ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT DATED 20.03.2023 SWORN BY THE DE FACTO COMPLAINANT RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE