Salam P.K., Faizal P.K. and Sali P.K. v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938** **Crl.MC.No. 1873 of 2016 ()** ## **---------------------------** **AGAINST THE ORDER IN CC NO.1007/2015 of JFCM, TALIPARAMBA CRIME NO. 594/2015 OF THALIPARAMBA POLICE STATION , KANNUR** ## **PETITIONERS/ACCUSED:** **---------------------** **1. SALAM P.K. AGED:30 YEARS, S/O ABOOBACKER SIDHIQUE, PILAVINDAYKEEZHIL, TALIPARAMBA, KANNUR DISTRICT-670 141.** ## **2. FAIZAL P.K.** **AGED:24 YEARS, S/O ABOOBACKER SIDHIQUE, PILAVINDAYKEEZHIL, TALIPARAMBA, KANNUR DISTRICT-670 141.** ## **3. SALI P.K.** **AGED:39 YEARS, S/O ABOOBACKER SIDHIQUE, PILAVINDAYKEEZHIL, TALIPARAMBA, KANNUR DISTRICT-670 141.** **BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.M.A.AHAMMAD SAHEER** ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT:** **--------------------------------------------** ## **1. STATE OF KERALA** **RERPESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.** **2. THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR-670 141.** **3. MANOHARAN A** **AGED 40 YEARS, ARUVIRUTHI, KUTTIYERI AMSOM, THALORA, THALIPARAMBA, KANNUR-670 141.** ## **4. UMESH.K.V** **AGED 39 YEARS, S/O KESAVAN, NELLIPARAMBU, KUTTIYERI AMSOM DESOM, THALIPARAMBA, KANNUR-670 141.** ## **R3 & 4 BY ADV. SRI.JACOB SEBASTIAN BY PUBLIC PROSECUTOR SRI.AMJAD ALI** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-112016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Crl.MC.No. 1873 of 2016 ()** **---------------------------** ## **APPENDIX** **PETITIONER(S)' ANNEXURES ----------------------ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT DT. 30/4/2015 IN C.C. NO. 1007/2015 ON THE FILE OF JFCM, THALIPARAMBA, KANNUR DISTRICT. ANNEXURE A2 TRUE COPY OF THE AGREEMENT DT. 11/3/2016 EXECUTED BETWEEN THE PETITIONERS AND THE 3RD & 4TH RESPONDENTS. ANNEXURE A3 THE AFFIDAVIT SWEAR BY THE 3RD RESPONDENT DT. 11/3/2016. ANNEXURE A4 THE AFFIDAVIT SWEAR BY THE 4TH RESPONDENT DT. 11/3/2016. ANNEXURE A5 WOUND CERTIFICATE OF THE 3RD RESPONDENT ISSUED BY MEDICAL OFFICER OF THE TALIPARAMBA CO-OP.HOSPITAL DTD 21.4.2015 ANNEXURE A46 WOUND CERTIFICATE OF THE 4TH RESPONDENT ISSUED BY MEDICAL OFFICER OF THE TALIPARAMBA CO-OP.HOSPITAL DTD 21.4.2015 RESPONDENT(S)'ANNEXURES ----------------------NIL** **/TRUE COPY/** **VPS PS TO JUDGE** ## **RAJA VIJAYARAGHAVAN.V, J ---------------------------------------Crl.M.C. No.1873 of 2016 ----------------------------------------Dated this the 15[th] 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 3 in C.C.No. 1007 of 2015 on the file of the Judicial Magistrate of First Class, Taliparamba. They stand indicted for offences punishable under sections 143, 147, 148, 447, 341, 323, 324 read with Section 149 of the IPC. - 3.The prosecution allegation is that on 31.3.2015 at about - 10 p.m., the petitioners in furtherance of their common intention trespassed into the courtyard of the house of the - 3[rd] respondent and thereafter assaulted respondents 3 and Crl.M.C.1873/2016 2 4 causing injuries. - 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 affidavits 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 against the petitioners. - 7.I have considered the submissions . Crl.M.C.1873/2016 3 ## 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: _XXXXXXXXXXXX_ _29.2. When the parties have reached the settlement and on that basis_ Crl.M.C.1873/2016 4 _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 the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of Crl.M.C.1873/2016 5 the Code to quash the proceedings. In the result, this petition will stand allowed. Annexure-A1 final report and all proceedings pursuant thereto against the petitioners in C.C.No. 1007 of 2015 on the file of the Judicial Magistrate of First Class, Taliparamba are quashed. **RAJA VIJAYARAGHAVAN.V. JUDGE** vps