Sandeep B., Surjith B., and N.K. Bhaskaran Nair v. State of Kerala and 18 de facto complainants (CW1–CW18) and State

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 30TH DAY OF AUGUST 2019 / 8TH BHADRA, 1941** ## **Crl.MC.No.6185 OF 2019(C)** **CRIME NO.172/2014 OF PALARIVATTOM POLICE STATION, ERNAKULAM** ## **PETITIONER/ACCUSED NO.1 TO 3:** **1 SANDEEP B., AGED 36 YEARS S/O. N.K. BHASKARAN NAIR, NEDUVELIL HOUSE, VENNALA P.O., COCHIN-682028. 2 SURJITH B., AGED 31 YEARS S/O. N.K.BHASKARAN NAIR, NEDUVELIL HOUSE, VENNALA P.O., COCHIN-682028. 3 N.K.BHASKARAN NAIR, AGED 69 YEARS S/O. KRISHNAN NAIR, NEDUVELIL HOUSE, VENNALA P.O., COCHIN-682028.** **BY ADV. SRI.N.A.SHAFEEK** ## **RESPONDENTS/DE FACTO COMPLAINANTS (CW1 TO 18) & STATE:** - **1 SMITHA BABU, AGED 42 YEARS, W/O. K.K. BABU, KOLOTH HOUSE, MANPURACKAL ROAD, CHALIKKAVATTOM P.O., VENNALA P.O., COCHIN-682028.** - **2 ASHOKAN U.K., AGED 68 YEARS, S/O. KUNJAN KUTTY, ULLADAPARAMBIL, RICE RESEARCH ROAD, PONNURUNNI, VYTTILA P.O., ERNAKULAM, PIN-682019.** - **3 SHELJIN M.J., AGED 40 YEARS, S/O. JOSEPH, MUDAVATHIL HOUSE, CHAKKARAPARAMBU, THAMMANAM P.O., ERNAKULAM, PIN-682032.** - **4 MANOJ K.M., AGED 36 YEARS, S/O. K.K. MANI, KOLOTH HOUSE, SANTHINAGAR, VENNALA P.O., ERNAKULAM, PIN-682028.** - **5 VARGHESE SOJIN,** Crl.M.C.No.6185 of 2019 2 ## **AGED 38 YEARS, MUDAVATHIL HOUSE, CHAKKARAPARAMBU, THAMMANAM P.O., ERNAKULAM-682032.** - **6 SMIJITH T.S., AGED 38 YEARS, S/O. SADANADHAN, THOTTAPILLIL HOUSE, EDAPPALLY NORTH, AIMS P.O., ERNAKULAM-682041.** - **7 SHIJU K.V.,** - **AGED 39 YEARS, S/O. VISHWAMBARAN, KUMULLITHUNDAYIL HOUSE, APPOLO ROAD, THAMMANAM P.O., ERNAKULAM-682032.** - **8 SAJEESH KUMAR K.V. , AGED 41 YEARS, S/O. VISHWAMBARAN, KUMULLITHUNDAYIL HOUSE, APPOLO ROAD, THAMMANAM P.O., ERNAKULAM-682032.** - **9 TINU JOB, AGED 35 YEARS, S/O. K.V. JOB, KALATHIPARAMBIL HOUSE, VENNALA P.O., ERNAKULAM, PIN-682028.** - **10 MATHEW K.M., AGED 74 YEARS, S/O. MATHAI, KOLLAMPARAMBILL HOUSE, NEDUNGAPUZHA, EROOR NORTH P.O., TRIPUNITHURA, ERNAKULAM, PIN-682306.** - **11 SINOJ K.M., AGED 35 YEARS, S/O. MATHEW, KOLLAMPARAMBILL HOUSE, NEDUNGAPUZHA, EROOR NORTH P.O., TRIPUNITHURA, ERNAKULAM, PIN-682306.** - **12 JOBY JOSE, AGED 37 YEARS, S/O. T.P. JOSE, THEKKEVETTIL HOUSE, VENNALA P.O., CHALIKKAVATTOM, ERNAKULAM-682028.** - **13 KALA P.S., AGED 60 YEARS, W/O. LATE PRAKASHAN, NANDHANATHU THUNDIYILL HOUSE, APPOLO ROAD, THAMMANAM P.O., ERNAKULAM, PIN-682032.** - **14 MANU MOHAN, AGED 31 YEARS, S/O. MOHANAN, THATTANPARAMBIL HOUSE, KARAKKATTUKUNNE, MEKKADE P.O., NEDUMBASSERI, PIN-683589.** Crl.M.C.No.6185 of 2019 3 - **15 JOS P.X., AGED 36 YEARS, S/O. XAVIER, PARAPPILLY HOUSE, SANTHINAGAR, CHALIKKAVATTOM, VENNALA P.O., ERNAKULAM, PIN-682028.** - **16 ANTONY P.X., AGED 38 YEARS, S/O. XAVIER, PARAPPILLY HOUSE, SANTHINAGAR, CHALIKKAVATTOM, VENNALA P.O., ERNAKULAM, PIN-682028.** - **17 AJAY KUMAR K.S., AGED 39 YEARS, S/O. SASIKUMAR, CHERUVALLIPARAMBE HOUSE, SANTHINAGAR, CHALIKKAVATTOM, VENNALA P.O., ERNAKULAM, PIN-682028.** - **18 PRAJIL, AGED 35 YEARS, S/O. LATE PRAKASHAN, NANDHANATHU THUNDIYIL HOUSE, APPOLO ROAD, THAMMANAM P.O., ERNAKULAM, PIN-682032.** - **19 STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031.** **SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R19 SRI.LIJO M.X FOR R1 TO R18** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.No.6185 of 2019 4 ## **ALEXANDER THOMAS, J.** ## **=========================== Crl.M.C.No.6185 of 2019** **===========================** Dated this the 30[th] day of August, 2019 ## **O R D E R** Petitioners herein have been arrayed as accused Nos.1 to 3 in Annexure-A1 FIR in Crime No.172/2014 of Palarivattom Police Station, Ernakulam, which has been registered for offences punishable under Secs.420 and 406 read with Sec.34 of the IPC, which led to the institution of Annexure-A2 final report in C.C.No.1490/2016 on the file of Judicial First Class Magistrate Court-IX, Ernakulam. It is stated that now the entire disputes between the petitioners herein and respondents/de facto complainants 1 to 18 have been settled amicably and that respondents 1 to 18 have sworn to Annexures-A4, A4 A to A4 Q to affidavits before this Court, wherein it is stated that they have settled the entire disputes with the petitioners and that they have no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them. Crl.M.C.No.6185 of 2019 5 2. 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 for quashment. 3. Accordingly, it is ordered in the interest of justice that the impugned Annexure-A1 FIR in Crime No.172/2014 of Palarivattom Police Station, Ernakulam, which led to the institution of Annexure-A2 final Crl.M.C.No.6185 of 2019 6 report in C.C.No.1490/2016 on the file of Judicial First Class Magistrate Court-IX, Ernakulam and all further proceedings arising therefrom pending against all the accused will stand quashed. 4. Petitioners will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward a copy of this order to the Investigating Officer concerned, for necessary information. With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of. **Sd/-** **ALEXANDER THOMAS JUDGE** vgd/31.08.19 Crl.M.C.No.6185 of 2019 7 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.172/2014 OF PALARIVATTOM POLICE STATION DATED 08/02/2019.** **ANNEXURE A1A CERTIFIED COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO.172/2014 OF PALARIVATTOM POLICE STATION.** **ANNEXURE A2 CERTIFIED COPY OF TH FINAL REPORT IN CC NO.1490/2016 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IX, ERNAKULAM DATED 29/02/2016. ANNEXURE A3 TRUE COPY OF THE REPORT DATED 20/01/2019 FILED IN CC NO.1490/2016 PENDING ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IX, ERNAKULAM. ANNEXURE A4 ORIGINAL OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT DATED 19/02/2019. ANNEXURE A4A ORIGINAL OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 19/02/2019. ANNEXURE A4B ORIGINAL OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 19/02/2019. ANNEXURE A4C ORIGINAL OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT DATED 19/02/2019. ANNEXURE A4D ORIGINAL OF THE AFFIDAVIT FILED BY THE 5TH RESPONDENT DATED 19/02/2019. ANNEXURE A4E ORIGINAL OF THE AFFIDAVIT FILED BY THE 6TH RESPONDENT DATED 19/02/2019. ANNEXURE A4F ORIGINAL OF THE AFFIDAVIT FILED BY THE 7TH RESPONDENT DATED 19/02/2019. ANNEXURE A4G ORIGINAL OF THE AFFIDAVIT FILED BY THE 8TH RESPONDENT DATED 19/02/2019.** Crl.M.C.No.6185 of 2019 8 **ANNEXURE A4 H ORIGINAL OF THE AFFIDAVIT FILED BY THE 9TH RESPONDENT DATED 19/02/2019. ANNEXUREA4 I ORIGINAL OF THE AFFIDAVIT FILED BY THE 10TH RESPONDENT DATED 19/02/2019. ANNEXURE A4J ORIGINAL OF THE AFFIDAVIT FILED BY THE 11TH RESPONDENT DATED 19/02/2019. ANNEXURE A4 K ORIGINAL OF THE AFFIDAVIT FILED BY THE 12TH RESPONDENT DATED 19/02/2019. ANNEXURE A4L ORIGINAL OF THE AFFIDAVIT FILED BY THE 13TH RESPONDENT DATED 19/02/2019. ANNEXURE A4 M ORIGINAL OF THE AFFIDAVIT FILED BY THE 14TH RESPONDENT DATED 19/02/2019. ANNEXURE A4 N ORIGINAL OF THE AFFIDAVIT FILED BY THE 15TH RESPONDENT DATED 19/02/2019. ANNEXURE A4 O ORIGINAL OF THE AFFIDAVIT FILED BY THE 16TH RESPONDENT DATED 19/02/2019. ANNEXURE A4P ORIGINAL OF THE AFFIDAVIT FILED BY THE 17TH RESPONDENT DATED 19/02/2019. ANNEXURE A4 Q ORIGINAL OF THE AFFIDAVIT FILED BY THE 18TH RESPONDENT DATED 19/02/2019.**