Shanavas M.S. and others v. State of Kerala and others

CRL.MC NO. 4042 OF 2022 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 20[TH] DAY OF DECEMBER 2023 / 29TH AGRAHAYANA,** ## **1945** **CRL.MC NO. 4042 OF 2022** **CRIME NO.187/2018 OF MUTTOM POLICE STATION, IDUKKI, Idukki AGAINST THE ORDER/JUDGMENT SC 88/2019 OF IV ADDITIONAL DISTRICT COURT, THODUPUZHA / II ADDITIONAL MACT, THODUPUZHA PETITIONER/S:** 1 SHANAVAS M.S AGED 39 YEARS S/O SIDHIQUE M.H, MADATHIPARAMBIL HOUSE, MUTTAM KARA, MATHAPPARA BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, IDUKKI, PIN - 685587 2 SHABEER M.A AGED 36 YEARS S/O AHAMMAD M.H, MADATHIPARAMBIL HOUSE, MUTTAM KARA, MATHAPPARA BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, IDUKKI, PIN - 685587 3 ASHIK MUSTHAFA AGED 27 YEARS S/O MUSTHAFA, KOTTUKATTIL HOUSE, MUTTAM KARA, MATHAPPARA BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, IDUKKI,, PIN - 685587 4 MUNEER ISMAIL AGED 24 YEARS S/O ISMAIL, KOTTUKATTIL HOUSE, MUTTAM KARA, MATHAPPARA BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK,IDUKKI,, PIN - 685587 5 BIBIN M.S AGED 30 YEARS S/O JOHN, MITTATHANICKAL HOUSE, VALLIPPARA KARA, VALLIPPARA BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, CRL.MC NO. 4042 OF 2022 2 IDUKKI, PIN - 685587 6 MAHIN N.H AGED 25 YEARS S/O HANEEFA, NATHEKKATTIL HOUSE, THOTTUMKARA KARA, THOTTUMKARA BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, IDUKKI,, PIN - 685587 7 AYOOB MAKKAR AGED 27 YEARS S/O MAKKAR, THUMARASERIYIL HOUSE, THOTTUMKARA KARA, THOTTUMKARA BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, IDUKKI, PIN - 685587 8 HARIS A.A AGED 33 YEARS S/O ALIYAR, ALACKATHURUTHEL HOUSE, MUTTAM KARA, MUTTAM BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, IDUKKI,, PIN - 685587 9 JOJU MATHEW AGED 25 YEARS S/O MATHEW, MANAPPARAMBIL HOUSE, MUTTAM KARA, AASHUPATHRI BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, IDUKKI,, PIN - 685587 10 JOBIS JOSE AGED 25 YEARS S/O JOSE, MUNDACKAL HOUSE, THUDANGANADU KARA, PURAVILA BHAGAM, MUTTAM VILLAGE, THODUPUZHA TALUK, IDUKKI,, PIN - 685587 BY ADVS. JITHIN BOSE VIDHYA KISHAN ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031 2 STATION HOUSE OFFICER OF MUTTAM POLICE STATION CRL.MC NO. 4042 OF 2022 3 THODUPUZHA TALUK, MUTTAM, IDUKKI DISTRICT, PIN - 685587 3 ALBIN V JOSE AGED 29 YEARS S/O JOSE, VADASSERIYIL HOUSE, CHALLAVAYAL BHAGAM, MUTTOM KARA, MUTTOM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685587 4 VISHNU AGED 25 YEARS S/O MANIKANDAN, ROOM NO. 29/B, C.P.W QUARTERS, KAKKANAD BHAGAM, KAKKANAD KARA, KANAYANNOR TALUK, ERNAKULAM DISTRICT,, PIN - 682021 5 ABIJITH KUMAR AGED 25 YEARS S/O SHUSHEER KUMAR, THRIPPAKKAL HOUSE, POOTHOTTA BHAGAM, NATTASERRIYIL KARA, PERUMBAYIKAVU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT,, PIN - 682307 6 NEELESH AGED 23 YEARS S/O CHANDRABOSE, PONNAYIPARAMBIL HOUSE, NEAR RAMESHWARAM TEMPLE, KARIVELIPPADY BHAGAM, NATTASERRIYIL KARA, THOPPUMPADY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 682005 BY ADV K.R.MONISHA ## **OTHER PRESENT:** SMT SREEJA V, PP, SMT.K.R.MONISHA, RESPONDENT THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 4042 OF 2022 4 ## **P.V.KUNHIKRISHNAN, J** **--------------------------------------Crl.M.C. No.4042 of 2023 -------------------------------------Dated this the 20[th] day of December, 2023** ## **O R D E R** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. The petitioners are the accused in SC No. 88/2019 on the file of the IV Additional District And Sessions Court, Thodupuzha arising from crime No. 187/2018 of Muttom Police Station, Idukki. The above case is chargesheeted alleging offences punishable under Secs. 143, 147, 148, 452, 308, 324, 323, 506(ii), 427, 294(b) r/w 149 IPC. 3. The prosecution case is that the accused formed themselves into an unlawful assembly and trespassed into the premises of the victims and assaulted the victims. It is also the case of the prosecution that the accused committed mischief CRL.MC NO. 4042 OF 2022 5 and criminal intimidation. 4. The learned counsel for the petitioners submits that the parties have settled their dispute and do not wish to pursue the prosecution proceedings. The counsel relies on the affidavit filed by the victims in support of his contention. The counsel appearing for the victims also submitted that the matter is settled and the victims have no objection in quashing the prosecution. 5. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. But the Public Prosecutor conceded that the matter is settled between the parties. The Public Prosecutor submitted that some of the accused is having criminal antecedents, but it is conceded that all cases registered are of minor offences. 6. This Court has considered the submission of the petitioners, victims and the Public Prosecutor and has also gone through the records including the affidavits filed by the victims. CRL.MC NO. 4042 OF 2022 6 7. In **State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688),** three judge bench of the Hon'ble Supreme Court has summarized the situation in which non compoundable offences can be quashed invoking the powers under Section 482 of the Code. The apex court in **Laxmi Narayan** 's case (supra) also relied on the law laid down in **Gian Singh v. State of Punjab and another (2012 (10) SCC 303)** and **Narinder Singh and others v. State of Punjab and another (2014 (6) SCC 466)** . The apex court in paragraph 13 of the **Laxmi Narayan** 's case discussed the law in detail and the same is extracted hereunder: “13. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under: i) that the power conferred under S.482 of the Code to quash the criminal proceedings for the non - compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in CRL.MC NO. 4042 OF 2022 7 nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under S.482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of S.307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of S.307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under S.307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital / delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed / charge is framed and / or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated herein CRL.MC NO. 4042 OF 2022 8 ## above; v) while exercising the power under S.482 of the Code to quash the criminal proceedings in respect of non- compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement / compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.” 8. Keeping in mind the above dictum laid down by the apex court, this court perused the facts in this case and also perused the documents produced by the parties. After going through the entire facts and circumstances I am of the considered opinion that the dispute is private in nature and the settlement can be accepted. Therefore, this Criminal Miscellaneous case is allowed. All further proceedings against the petitioners in SC No. 88/2019 on the file of the IV Additional District And Sessions Court, Thodupuzha arising from crime No. 187/2018 of Muttom Police Station, Idukki are quashed. **Sd/P.V.KUNHIKRISHNAN JUDGE** SKS CRL.MC NO. 4042 OF 2022 9 ## **APPENDIX OF CRL.MC 4042/2022** PETITIONER ANNEXURES |Annexure A1|CERTIFIED COPY OF FIRST INFORMATION REPORT| |---|---| ||IN CRIME NO. 187 OF 2018 OF MUTTAM POLICE| ||STATION, IDUKKI ALONG WITH STATEMENT OF| ||THE 3RD RESPONDENT .| |Annexure A2|CERTIFIED COPY OF WOUND CERTIFICATE OF THE| ||3RD RESPONDENT DATED 20.05.2018 IN S.C.| ||NO. 88 OF 2019 ON THE FILE OF THE| ||ADDITIONAL DISTRICT AND SESSIONS COURT NO.| ||IV (ADHOC.II), THODUPUZHA, IDUKKI.| |Annexure A3|CERTIFIED COPY OF THE CHARGE SHEET IN S.C.| ||NO. 88 OF 2019 ON THE FILE OF THE| ||ADDITIONAL DISTRICT AND SESSIONS COURT NO.| ||IV (ADHOC.II), THODUPUZHA, IDUKKI.| |Annexure A4|AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT| ||DATED 31.05.2022.| |Annexure A5|AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT| ||DATED 31.05.2022.| |Annexure A6|AFFIDAVIT SWORN TO BY THE 5TH RESPONDENT| ||DATED 31.05.2022.| |Annexure A7|AFFIDAVIT SWORN TO BY THE 6TH RESPONDENT| ||DATED 31.05.2022.|