Sarath, Ajal and Jerin v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940** ## **Crl.MC.No. 8525 of 2018** **AGAINST THE ORDER/JUDGMENT IN SC 5/2018 OF DISTRICT COURT& SESSIONS COURT, THODUPUZHA** **CRIME NO. 687/2017 OF NEDUMKANDAM POLICE STATION, IDUKKI** ## **PETITIONER/S:** **1 SARATH, AGED 21 YEARS S/O. JAYACHANDRAN, MANGALASSERIL VEEDU, KUNJAN COLONY BHAGAM, NEDUMKANDAM KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT 685 553** **2 AJAL, AGED 19 YEARS S/O. MICHAEL, VADAKKEPARAMBIL VEEDU, JOSEGIRI BHAGOM, JOSEGIRI KARA, BAISENVALLEY VILLAGE, DEVIKOLAM TALUK, IDUKKI DISTRICT 685 553** **3 JERIN, AGED 20 YEARS S/O. SOJAN, MANNATHANIYIL HOUSE, KIZHAKKEKAVALA BHAGOM, NEDUMKANDAM KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT 685 553 BY ADV. SRI.BIJU .C. ABRAHAM** Crl.M.C. Nos. 8525 & 8529 of 2018 ..2.. ## **RESPONDENT/S:** - **1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI 3** - **2 VASANTHA AGED 49 YEARS** - **W/O. KUMARAGURU, BLOCK NO. 311, KUNJAN COLONY BHAGAM, NEDUMKANDAM KARA, KALKOONTHAL VILLAGE,UDUMBANCHOLA TALUK, IDUKI DISTRICT 685 553** - **3 GAUTHAMAN @ SIVAN, AGED 28 YEARS** - **S/O. KUMARAGURU, BLOCK NO. 311, KUNJAN COLONY BHAGAM, NEDUMKANDAM KARA, KALKOONTHAL VILLAGE,UDUMBANCHOLA TALUK, IDUKI DISTRICT 685 553** - **4 AMALA** - **AGED 21 YEARS** - **W/O. GAUTHAMAN @ SIVAN, BLOCK NO. 311, KUNJAN COLONY BHAGAM, NEDUMKANDAM KARA, KALKOONTHAL VILLAGE,UDUMBANCHOLA TALUK, IDUKI DISTRICT 685 553** **BY ADV. SRI.JOSEPH M.P.** ## **OTHER PRESENT:** **SRI.SAIG JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.03.2019 ALONG WITH Crl.MC.8529/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C. Nos. 8525 & 8529 of 2018 ..3.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940** ## **Crl.MC.No. 8529 of 2018** **AGAINST THE ORDER/JUDGMENT IN SC 520/2017 OF SPECIAL COURT UNDER POCSO ACT, IDUKKI** **CRIME NO. 683/2017 OF NEDUMKANDAM POLICE STATION, IDUKKI** ## **PETITIONER/S:** **GAUTHAMAN @ SIVAN, AGED 28 YEARS, S/O. KUMARAGURU, BLOCK NO. 311, KUNJAN COLONY BHAGAM, NEDUMKANDAM KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLE TALUK, IDUKKI DISTRICT 685 553** **BY ADV. SRI.JOSEPH M.P.** ## **RESPONDENT/S:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA, ERNAKULAM, KOCHI 31**| |**2**|**JAYACHANDRAN, AGED 44 YEARS, S/O. VIJAYAMOHAN,**| ||**MANGALASSERRIL VEEDU, KUNJAN COLONY BHAGAM,**| ||**NEDUMKANDAM KARA, KALKOONTHAL VILLAGE,**| ||**UDUMBANCHOLA TALUK, IDUKKI DISTRICT 685 553**| |**3**|**PUSHPA, AGED 40 YEARS, W/O. JAYACHANDRAN,**| ||**BLOCK NO. 311, KUNJAN COLONY BHAGAM, NEDUMKANDAM**| ||**KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK,**| ||**IDUKKI DISTRICT 685 553**| **BY ADV. SRI.BIJU .C. ABRAHAM** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.03.2019 ALONG WITH Crl.MC.8525/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C. Nos. 8525 & 8529 of 2018 ..4.. ## **ALEXANDER THOMAS, J.** -------------------------------------------------Crl.M.C. Nos. 8525 & 8529 of 2018 -------------------------------------------------Dated this the 13[th] day of March, 2019 ## **O R D E R** The petitioners in Crl.M.C. No.8525 are accused 1 to 3 in Annexure A1 FIR in Crime No.687 of 2017 of Nedumkandam Police Station, registered for the offences punishable under Sections 294(b), 323, 354 & 451 of the IPC and Sections 3(1)(r), 3(1)(s) & 3(1)(w)(i) of the SC and ST (Prevention of Atrocities) Act, 1989. The said crime has been registered on the basis of the statement given by the second respondent- _defacto_ complainant therein. Respondents 3 & 4 , who are the victims, are the son and daughter-in-law of the second respondent- _defacto_ complainant. Respondents 2 to 4 belong to Scheduled Tribe community. The allegation in Crime No. 687 of 2017 is that the petitioners, in order to wreak vengeance on the third respondent (Gauthaman), who is the son of the second respondent _defacto_ complainant, as he had outraged the modesty of the sister of the first petitioner on a public road on 10.08.2017, the accused have trespassed into Crl.M.C. Nos. 8525 & 8529 of 2018 **==> picture [20 x 8] intentionally omitted <==** the house of the _defacto_ complainant on 10.08.2017 at 7.30 pm and called the third respondent by his tribal community name and dragged him out of the house to the courtyard and the first petitioner hit on the face of the third respondent, kicked him at his back and when the second respondent intervened, the second petitioner caught hold on her neck and pressed across the wall of the house and the third petitioner attempted to outrage the modesty of the fourth respondent, who is the daughter-in-law of the second respondent by holding her hand. After investigation, the investigating officer concerned has filed Annexure A2 final report in the above crime No. 687 of 2017 of Nedumkandam Police Station, which has led to the institution of SC No. 5 of 2018 on the file of the Sessions Court, Thodupuzha. 2. It is further stated in Crl.M.C. No.8525 of 2018 that the mother of the first accused therein had filed a complaint against the third respondent therein, on the basis of which Crime No. 683 of 2017 of the same Police Station has been registered for the offences punishable under Section 354 of the IPC and Sections 7 & 8 of the POCSO Act,, 2012 which is now pending as SC No. 520 of 2017 on the file of the Special Court for POCSO Cases, Crl.M.C. Nos. 8525 & 8529 of 2018 **==> picture [20 x 8] intentionally omitted <==** Thodupuzha. It is seen that in the meanwhile the entire disputes between the petitioners and the _defacto_ complainant and the victims in Crl.M.C. No. 8525 of 2018 have been settled amicably and that the 2[nd] respondent- _defacto_ complainant and respondents 3 & 4, who are the victims, have sworn to Anx.A3, A4 & A5 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. 3. The petitioner (Gauthaman) in Crl.M.C. No. 8529 of 2018 is the third respondent in Crl.M.C. No. 8525 of 2018 and one of the victims in the impugned Crime No. 687 of 0217 of the Nedumkandam Police Station in Crl.M.C. No. 8525 of 2018 and is the accused in Crime No. 683 of 2017 of the same Police Station, which has led to the institution of SC No. 520 of 2017 on the file of the Special Court for POCSO Cases, Thodupuzha, which is the subject matter of Crl.M.C. No. 8529 of 2018. He seeks quashment of the impugned criminal proceedings in SC No. 520 of 2017 on the file of the Special Court for POCSO Cases, Thodupuzha. It is stated that the parties in Crl.M.C. No 8529 of Crl.M.C. Nos. 8525 & 8529 of 2018 **==> picture [20 x 8] intentionally omitted <==** 2018 also decided to resolve the entire disputes. Accordingly, it is stated that the parties in Crl.M.C. Nos. 8525 & 8529 of 2018 have decided to bury the hatchets and thus, amicably settle the disputes and to seek quashment of the respective impugned proceedings on the ground of settlement exercising the powers conferred on this Court under Sec.482 of the Cr.P.C. 4. Heard Sri.Biju C. Abraham, learned counsel for the petitioners in Crl.M.C. No. 8525 of 2018, who also appears for respondents 2 & 3 in Crl.M.C. No. 8529 of 2018; Sri.M.P.Joseph, learned counsel for the petitioner in Crl.M.C. No. 8529 of 2018, who also appears for the respondents 2 to 4 in Crl.M.C. No. 8525 of 2018; and Sri.Saigi Jacob Palatty, the learned Public Prosecutor. 5. It is submitted by the learned counsel appearing on both sides that the parties have understood their follies and have decided to bury the hatchets and have amicably settled all the disputes and decided to seek before this Court quashment of the impugned criminal proceedings, in which they are involved so as to put a quietus to the entire disputes between them. 6. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, Crl.M.C. Nos. 8525 & 8529 of 2018 **==> picture [20 x 8] intentionally omitted <==** 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. 7. Accordingly, it is ordered in the interest of justice that the impugned Anx.A1 FIR in Crime No. 687 of 2017 of Crl.M.C. Nos. 8525 & 8529 of 2018 **==> picture [20 x 8] intentionally omitted <==** Nedumkandam Police Station, which has led to the institution of SC No. 5 of 2018 on the file of the Sessions Court, Thodupuzha and all further proceedings arising therefrom pending against the petitioners will stand quashed. Further, it is also ordered that the impugned Anx.A1 FIR in Crime No. 683 of 2017 of Nedumkandam Police Station, which has led to the institution of SC No. 520 of 2017 on the file of the Special Court for POCSO Cases, Thodupuzha and all further proceedings arising therefrom pending against the petitioner will stand quashed. The petitioners will produce a certified copy of this order before the respective courts concerned as well as before the respective investigating officer concerned for necessary information and action. With these observations and directions, these Crl.M.C.s will stand disposed of. Sd/- **ALEXANDER THOMAS JUDGE** bka/15.03.2019 Crl.M.C. Nos. 8525 & 8529 of 2018 ..10.. ## **APPENDIX OF Crl.MC 8525/2018** |**PETITIONER'S/S**|**EXHIBITS:**| |---|---| |**ANNEXURE A1**|**CERTIFIED COPY OF THE FIR AND FIS IN**| ||**CRIME NO. 687/2017 OF NEDUMKANDAM**| ||**POLICE STATION**| |**ANNEXURE A2**|**CERTIFIED COPY OF THE FINAL REPORT IN**| ||**SC NO. 5/2018 ON THE FILE OF THE**| ||**HONBLE SESSIONS COURT, THODUPUZHA**| |**ANNEXURE A3**|**AFFIDAVIT SWORN IN BY THE 2ND**| ||**RESPONDENT**| |**ANNEXURE A4**|**AFFIDAVIT SWORN IN BY THE 3RD**| ||**RESPONDENT**| |**ANNEXURE A5**|**AFFIDAVIT SWORN IN BY THE 4TH**| ||**RESPONDENT**| Crl.M.C. Nos. 8525 & 8529 of 2018 ..11.. ## **APPENDIX OF Crl.MC 8529/2018** **PETITIONER'S/S EXHIBITS:** |**ANNEXURE A1**|**CERTIFIED COPY OF THE FIR AND FIS IN**| |---|---| ||**CRIME NO 683/2017 OF NEDUMKANDAM**| ||**POLICE STATION**| |**ANNEXURE A2**|**CERTIFIED COPY OF THE FINAL REPORT IN**| ||**SC NO. 520/2017 ON THE FILE OF THE**| ||**HONBLE COURT FOR POCSO CASES.**| ||**THODUPUZH**| |**ANNEXURE A3**|**AFFIDAVIT SWORN IN BY THE 2ND**| ||**RESPONDENT**| |**ANNEXURE A4**|**AFFIDAVIT SWORN IN BY THE 3RD**| ||**RESPONDENT**|