Ranjith and Others v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` THURSDAY, THE 16[TH] DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945 ``` ## **`CRL.MC NO. 9071 OF 2023`** ``` CRIME NO.522/2018 OF Town West Police Station, Thrissur AGAINST THE ORDER/JUDGMENT SC 129/2020 OF II ADDITIONAL DISTRICT COURT, THRISSUR ``` ## **`PETITIONERS/ACCUSED 1 TO 7:`** - `1 RANJITH AGED 25 YEARS S/O. ASHOKAN, CHENNEKKATTIL HOUSE, CHITTANOOR DESOM, CHITTANNOOR VILLAGE, THRISSUR DISTRICT, PIN - 680523` - `2 YADHUKRISHNAN K.R AGED 26 YEARS S/O. RADHAKRISHNAN, KARUVALATHUMKARA HOUSE, AMBAYATHODU DESOM, KOTTIYOOR VILLAGE, KANNUR DISTIRCT, PIN - 670651` - `3 PRAMOD KRISHNAN AGED 23 YEARS S/O. PITHAMBARAN, EDATTU HOUSE, AZHAKAM DESOM, KODAKARA VILLAGE, THRISSUR DISTRICT ., PIN - 680684` - `4 RAHUL AGED 26 YEARS S/O. RAMANKUTTY, ITTITHARA HOUSE, LOGAMALESWARAM VILLAGE, KODUNGALLUR, THRISSUR DISTRICT, PIN - 680664` - `5 NIDEESH AGED 24 YEARS S/O. BALAN, KIZHAKOOTTU HOUSE, KALATHOOR DESOM, NELLAYI VILLAGE, THRISSUR DISTRICT, PIN - 680305` - `6 YADHUKRISHNAN AGED 24 YEARS S/O. KRISHNAN, PAZHANGAPARAMBU MANA, KANJANI DESOM, MANALOOR VILLAGE, THRISSUR DISTRICT, PIN - 680305` - `7 AKASH AGED 23 YEARS S/O. PREMAN, OTTUMADATHIL HOUSE, KAIPARAMBU DESOM, MUNDOOR VILLAGE, THRISSUR DISTRICT ., PIN - 680541` - `BY ADV VISHNUPRASAD NAIR` ## **`RESPONDENTS/STATE/DEFACTO COMPLAINANANT & INJURED PERSONS:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,` ``` CRL.MC NO. 9071 OF 2023 ``` ``` 2 ``` ``` ERNAKULAM, PIN - 682031 ``` - `2 VISAKH AGED 24 YEARS, S/O. KUTTAN, KADAVIL HOUSE, NANDIKKARA DESOM, PARAPPOOKKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT ., PIN - 680733` - `3 AKASH AGED 24 YEARS, S/O. SHAJU, KANNAMRAMBIL HOUSE, MULLASSERY DESOM, MULLASSERY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT ., PIN - 680506` - `4 HEMANTH AGED 24 YEARS, S/O. HARIDASAN, HARITHA HOUSE, VALIYAPARAMBU DESOM, MELATTUR VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679321` - `5 DEEJITH AGED 24 YEARS, S/O. DILEEP KUMAR, PUTHUKULANGARA HOUSE, KOLANGATTUKARA DESOM, CHOOLISSERY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT ., PIN - 680013` - `6 AMAL AGED 24 YEARS, S/O. SALEESH, VIRUTHIYIL HOUSE, THALAVANIKKARA DESOM, NENMANIKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT ., PIN - 680301` - `7 ADITHYAN AGED 25 YEARS, S/O. MOHANAN, KALARIKKAL HOUSE, ANCHERY DESOM, OLLUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT ., PIN - 680006` - `8 GOUTHAM RAJ AGED 26 YEARS, S/O. RAJAN, KOLLAMKULANGARA HOUSE, KUTTUR DESOM, KUTTUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680013` - `9 AJISHEK AGED 24 YEARS, S/O. VELAYUDHAN, POOVATHINGAL HOUSE, THRIKKUMARAKKUDAM DESOM, AYYANTHOLE VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT ., PIN - 680012` - `10 SOURAV AGED 24 YEARS, S/O. DEVARAJ, KOTTAYIL HOUSE, VILAYUR WEST DESOM, VILAYUR VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT ., PIN - 679303` ``` SRI HRITHWIK CS, PP SRI.THOMAS C.ABRAHAM ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON ``` - `16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:` ``` CRL.MC NO. 9071 OF 2023 ``` ``` 3 ``` **P.V.KUNHIKRISHNAN, J. -------------------------------Crl.M.C. No.9071 of 2023 ---------------------------------------------Dated this the 16[th] day of November, 2023** ## **O R D E R** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. Petitioners are the accused in SC No.129/2020 on the file of the Second Assistant Sessions Court, Thrissur arising from Crime No.522/2018 of Thrissur West Police Station. The above case is charge sheeted alleging offences punishable under Sections 143, 147, 148, 341, 323, 324, 341, 308 r/w 149 of IPC. 3. The prosecution case is that accused formed themselves into an unlawful assembly and assaulted the victims and the victims sustained injury. 4. The learned counsel for the petitioners submit that the parties have settled their dispute and do not wish to pursue the ``` CRL.MC NO. 9071 OF 2023 ``` ``` 4 ``` prosecution proceedings. The counsel relies on the affidavit filed by the victims in support of his contention. The 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 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** ``` CRL.MC NO. 9071 OF 2023 ``` ``` 5 ``` ## **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 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 ``` CRL.MC NO. 9071 OF 2023 ``` ``` 6 ``` 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 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 ``` CRL.MC NO. 9071 OF 20237 ``` facts and circumstances I am of the considered opinion that the dispute is private in nature and the settlement can be accepted. Therefore, this Criminal Miscellaneous case is allowed. All further proceedings against the petitioners in SC No.129/2020 on the file of the Second Assistant Sessions Court, Thrissur arising from Crime No.522/2018 of Thrissur West Police Station are quashed. Sd/- ## **P.V.KUNHIKRISHNAN** ## **JUDGE** ska ``` CRL.MC NO. 9071 OF 2023 ``` ``` 8 ``` ## **`APPENDIX OF CRL.MC 9071/2023`** |`PETITIONER ANNEXURES`|| |---|---| |`Annexure 1`|`CERTIFIED COPY OF THE FIR IN CRIME NO.`| ||`522/2018 OF THRISSUR WEST POLICE STATION`| ||`DATED 4/7/2018`| |`Annexure 2`|`CERTIFIED COPY OF THE FINAL REPORT IN CRIME`| ||`NO. 522/2018 OF THRISSUR WEST POLICE STATION`| ||`DATED 26/10/2018`| |`Annexure 3`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 2ND`| ||`RESPONDENT`| |`Annexure 4`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 3RD`| ||`RESPONDENT`| |`Annexure 5`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 4TH`| ||`RESPONDENT`| |`Annexure 6`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 5TH`| ||`RESPONDENT`| |`Annexure 7`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 6TH`| ||`RESPONDENT`| |`Annexure 8`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 7TH`| ||`RESPONDENT`| |`Annexure 9`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 8TH`| ||`RESPONDENT`| |`Annexure 10`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 9TH`| ||`RESPONDENT`| |`Annexure 11`|`AFFIDAVIT DATED 30/9/2023 SWORN BY 10TH`| ||`RESPONDENT`|