Reji Krishnan R. @ Pachi v. State of Kerala; Kalesh @ Kapil v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941** ## **Crl.MC.No.5701 OF 2019(C)** **TO QUASH FIR IN CRIME NO.1228/2015 OF CHAVARA POLICE STATION, KOLLAM DISTRICT AND ALL FURTHER PROCEEDINGS IN SC.440/2018 ON THE FILE OF ASSISTANT SESSIONS COURT (SUB COURT) KARUNAGAPALLY** **CRIME NO.1228/2015 OF Chavara Police Station, Kollam** ## **PETITIONER/1ST ACCUSED:** **REJI KRISHNAN.R @ PACHI AGED 35 YEARS S/O. RADHAKRISHNAN, KOKKALATH KIZHAKKATHIL HOUSE, PUTHENSANKETHAM MURI, THEVALAKKARA, KOIVILA, KOLLAM - 691 590.** **BY ADVS. SRI.K.SIJU SMT.S.SEETHA** ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT:** - **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.** - **2 SUB INSPECTOR OF POLICE CHAVARA POLICE STATION, KOLLAM DISTRICT - 691 583** - **3 ASHIQ, AGED 39 YEARS S/O. MUHAMMED MUSTAFA, KAYYALAVILAYIL VEEDU, MUKUNDAPURAM, CHAVARA, KOLLAM - 691 583.** - **4 SABEENA, AGED 38 YEARS W/O. ASHIQ KAYYALAVILAYIL VEEDU, MUKUNDAPURAM, CHAVARA, KOLLAM - 691583.** **R3-4 BY ADV. SRI.RAHUL PANCHAMAN** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.10.2019, ALONG WITH Crl.MC.5694/2019(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941** ## **Crl.MC.No.5694 OF 2019(B)** **TO QUASH FIR IN CRIME NO.1228/2015 OF CHAVARA POLICE STATION, KOLLAM DISTRICT AND ALL FURTHER PROCEEDINGS IN SC.984/2016 ON THE FILE OF ASSISTANT SESSIONS COURT (SUB COURT) KARUNAGAPALLY** **CRIME NO.1228/2015 OF Chavara Police Station , Kollam** ## **PETITIONER/2ND ACCUSED:** **KALESH @ KAPIL AGED 31 YEARS S/O. OMANAKUTTAN PILLAI, KOKKALATH HOUSE, PUTHENSANKETHAM, KOIVILA, KOLLAM 691 590** **BY ADVS. SRI.PRATHEESH.P SMT.S.SEETHA** ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31** **2 SUB INSPECTOR OF POLICE CHAVARA POLICE STATION, KOLLAM DISTRICT 691 583** **3 ASHIQ, AGED 39 YEARS S/O. MUHAMMED MUSTAFA, KAYYALAVILAYIL VEEDU, MUKUNDAPURAM, CHAVARA, KOLLAM 691 583** **4 SABEENA, AGED 38 YEARS W/O. ASHIQ, KAYYALAVILAYIL VEEDU, MUKUNDAPURAM, CHAVARA, KOLLAM 691 583** ## **R3-4 BY ADV. RAHUL PANCHAMAN** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.10.2019, ALONG WITH Crl.MC.5701/2019(C), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.Nos.5701 & 5694 OF 2019** **3** ## **ALEXANDER THOMAS, J.** ## **===========================** ## **Crl.M.C.Nos.5701 & 5694 of 2019 ===========================** Dated this the 14[th] day of October, 2019 ## **ORDER** The sole petitioner in Crl.M.C No.5701/2019 and the sole petitioner in Crl.M.C No.5694/2019 have been arrayed as accused Nos.1 and 2 respectively among the two accused in the impugned Annexure 1 in crime No.1228 of 2015 of Chavara Police Station which has been registered for offences punishable under Sections 449, 459, 326, 324, 427, 308 & 34 of IPC. The Police after investigation has filed the impugned Annexure 2 Final report/Charge sheet in the abovesaid crime No.1228 of 2015 of Chavara Police Station. Thereafter the learned Magistrate has committed the case to Sessions Court concerned and the case is now pending as Sessions Case SC No.440/2018 on the file of Assistant Sessions Court (Sub Court, Karunagappally). 2. It appears that the 3[rd] respondent-de facto complainant is a second hand vehicle dealer who had certain transactions with the petitioners and the disputes have arisen on account of the transactions between them in the propose sale of a second hand vehicle. The prosecution case is that on 01.06.2015 at about 8.00p.m, while the 3[rd] **Crl.MC.Nos.5701 & 5694 OF 2019** **4** respondent de facto complainant and his wife (4[th] respondent herein) and their children were having dinner at home, the accused persons had broken open the front door and trespassed into their house and attacked them with weapons on the forehead of the 3[rd] respondent which had caused injury to him and that the 2[nd] accused had hit on the right hand of the 4[th] respondent and she had also suffered injuries. Now the petitioners stated that the 3[rd] and 4[th] respondents have fully resolved the disputes with the petitioners/accused and have shown to Annexure A3 and A4 affidavits and the 3[rd] and 4[th] respondents have separately filed Annexure A3 and A4 affidavits stating that they have fully resolved the disputes with the petitioners/accused and that they are no longer interested to continue with impugned criminal proceedings and that impugned criminal proceedings may be quashed on ground of settlement between the parties. The learned Prosecutor was earlier instructed to get instructions from the Investigating Officer concerned, so that the Investigating Officer may take statements of 3[rd] and 4[th] respondents about the genuineness of the settlement between the parties as referred to in Annexures A3 and A4 affidavits. Now it is submitted by the learned Prosecutor on basis of instructions that the Investigating Officer has conducted an enquiry as to ascertain from the 3[rd] and 4[th] respondent that the settlement arrived at by them with the petitioners/accused is genuine **Crl.MC.Nos.5701 & 5694 OF 2019** **5** and that the parties are no longer interested to continue the prosecution steps and that they have no objections in this Court quashing the impugned criminal proceedings against petitioners on the ground of settlement between the parties. 3. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and _**Narinder Singh and others v. State of Punjab and anr**_ . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer **Crl.MC.Nos.5701 & 5694 OF 2019** **6** for quashment. 4. Accordingly, it is ordered in the interest of justice that the impugned Anx. 2 final report/charge sheet filed in Anx. 1 FIR in Crime No.1228/2015 of Chavara Police Station, which has led to the institution of Sessions Case, S.C.No. 440/2018 and S.C.No. 984/2016 on the files of Assistant Sessions Court (Sub Court, Karunagappally) and all further proceedings arising therefrom pending against the accused persons will stand quashed. The petitioners will produce certified copies of this order before the investigating officer concerned and the competent court below concerned. The office of the Advocate General will forward copy of this order to the investigating officer concerned for information. With these observations and directions, the above Criminal Miscellaneous Cases stand finally disposed of. ## **Sd/-** ## **ALEXANDER THOMAS** ## **JUDGE** SVP **Crl.MC.Nos.5701 & 5694 OF 2019** **7** ## **APPENDIX OF Crl.MC 5701/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE 1 THE TRUE COPY OF FIR IN CRIME NO.1228/2015 OF CHAVARA POLICE STATION. ANNEXURE 2 THE TRUE COPY OF FINAL REPORT IN CRIME NO.1228/2015 OF CHAVARA POLICE STATION. ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 03.08.2019. ANNEXURE 4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT REGARDING THE COMPROMISE DATED 03.08.2019.** **RESPONDENT'S EXHIBITS: NIL** **Crl.MC.Nos.5701 & 5694 OF 2019** **8** ## **APPENDIX OF Crl.MC 5694/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO. 1228/2015 CHAVARA POLICE STATION ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.1228/2015 OF CHAVARA POLICE STATION ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 3-8-2019 ANNEXURE 4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT REGARDING THE COMPROMISE DATED 3-8-2019** **RESPONDENT'S EXHIBITS: NIL**