Sayidu v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** **WEDNESDAY, THE 26TH DAY OF JUNE 2013/5TH ASHADHA, 1935** ## **Crl.MC.No. 1831 of 2013 ()** **------------------------------------CRIME NO. 764/2003 OF KASARAGOD POLICE STATION , KASARGOD. .......** ## **PETITIONER(S)/ACCUSED:** **------------------------------------------** **SAYIDU, AGED 30 YEARS S/O.HAMEED, SHAMSHEEDA MANZIL, CHOORI KUDLU VILLAGE, KASARAGOD.** **BY ADV. SRI.S.JIJI** ## **RESPONDENTS/DE-FACTO COMPLAINANT & STATE:** **---------------------------------------------------------------------------** **1. K.JAYACHANDRAN, AGED 38 YEARS, S/O.P.K.KUMARAN, R/AT DEEPA NILAYAM CHERANGAI KADAPPURAM, KASARAGOD.** **2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** **R1 BY ADV. SMT.MINI.V.A. R2 BY PUBLIC PROSECUTOR SRI.N.SURESH** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-06-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **tss** ## **CRMC. NO.1831/2013** ## **APPENDIX** ## **PETITIONER'S ANNEXURES** **A1:- FINAL REPORT IN CR.764/2003 OF KASARAGOD POLICE STATION FILED BEFORE THE JUDICIALM FIRST CLASS MAGISTRATE COURT-I, KASARAGOD.** **A2:- AFFIDAVIT DTD. 6.3.2013 SWORN BY THE IST RESPONDENT.** **RESPONDENT'S ANNEXURES** **NIL** **TRUE COPY** **P.A. TO JUDGE** **tss** ## **V.K.MOHANAN, J.** ## **---------------------------------------Crl.M.C. No. 1831 of 2013** **----------------------------------------** Dated this the 26[th] day of June, 2013 ## **ORDER** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioner, who is accused in Crime No.764/2003 of Kasargod Police Station for the offences punishable under Sections 143, 147, 341, 323 and 308 r/w Section 149 of I.P.C. with a prayer to to quash Annexure A-1 Final Report and all further proceedings in L.P.C.No.24/2011 of Additional District & Sessions Judge (Adhoc-II), Kasargod as the matter is settled out of court. 2. The allegation in the above case is that the accused/petitioner on 19/10/2013 at about 4.15 p.m, when the defacto complainant was riding in his auto rickshaw to Kasargod, a bus travelled by accused persons and others who were participating in marriage function got down out of the bus and attacked the defacto complainant, for the reason the auto rickshaw has not given side to the bus and control of the auto rickshaw was left free which might have caused even **Crl.M.C. No. 1831 of 2013** 2 death of the complainant. The counsel for the petitioner is submitted that the other accused faced the trial in SC.No78/2007 and they were acquitted. However, the counsel for the petitioner submitted that the disputes between the petitioner and the defacto complainant is settled. 3. Heard the learned counsel for the petitioner as well as the first respondent. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that during the pendency of the above crime, the matter is settled amicably between the parties to the dispute which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings. 5. The learned counsel for the first respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the de facto complainant does not intend to proceed any further against the petitioner and he has no grievance against him. 6. I have carefully considered the above submissions **Crl.M.C. No. 1831 of 2013** 3 of the respective counsel. I have verified the documents and materials produced along with the above petition. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition. 7. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only Section 143, 147, 341, 323 and 308 r/w Section 149 which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are involved, the real parties to the dispute approached this Court after having amicably settled the matter. From the submission made by the counsel for the frist respondent, it appears to me that the the de facto complainant has no further grievance against the petitioner accused in the light of the settlement arrived by them. In this juncture, it is relevant to note the decision of the Honourable Apex Court reported in **Gian Singh** v. **State of Punjab** [2012 (4) KLT 108(SC)]. In which case, the Supreme Court has held 4 ## **Crl.M.C. No. 1831 of 2013** ## as follows:- _“57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.._ ## It is further held as follows:- “...... _... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial,mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved_ **Crl.M.C. No. 1831 of 2013** 5 _their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........”_ According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision is applicable in the present case. Thus, I am of the view that as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote and encourage such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decisions cited supra, this Criminal M.C. can be 6 ## **Crl.M.C. No. 1831 of 2013** allowed granting the relief as sought for. In the result, this Crl.M.C. is allowed, quashing Annexure -I and all further proceedings pending against the petitioners in L.P.C.No.24/2011 of Additional District & Sessions Judge (Adhoc-II), Kasargod and all further proceedings thereto. **V.K.MOHANAN, JUDGE** AS