Shemeer, Abdul Kareem and Shejeeb v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **THURSDAY, THE 5TH DAY OF JANUARY 2017/15TH POUSHA, 1938** ## **Crl.MC.No. 7806 of 2016 ()** **--------------------------CC. NO.1999/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY. CRIME NO. 269/2015 OF ELOOR POLICE STATION, ELOOR, KOCHI.** **.........** ## **PETITIONERS/ACCUSED 1 TO 3:** **-----------------------------------------------** **1. SHEMEER, AGED 37 YEARS, S/O. ABDUL KAREEM, OLLAPPILLI VEETTIL, MANJUMMEL, ELOOR VILLAGE, ERNAKULAM DISTRICT.** **2. ABDUL KAREEM,** - **AGED 70 YEARS, S/O. O.K. KUTTY, OLLAPPILLI VEETTIL, MANJUMMEL, ELOOR VILLAGE, ERNAKULAM DISTRICT.** **3. SHEJEEB,** - **AGED 30 YEARS, S/O. ABDUL KAREEM, OLLAPPILLI VEETTIL, MANJUMMEL, ELOOR VILLAGE, ERNAKULAM DISTRICT.** ## **BY ADV. SRI.S.MUHAMMED HANEEFF.** ## **RESPONDENTS/STATE, COMPLAINANT & INJURED:** **---------------------------------------------------------------------------** **1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, (CRIME NO.269/2015), KOCHI, ERNAKULAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** **2. JAYAPRASAD, AGED 37 YEARS, S/O. VISWAMBARAN, ELAVUMGAL VEETTIL, MANJUMEL, ELOOR, ERNAKULAM - 683 501.** ## **Crl.MC.No. 7806 of 2016** **3. PADMINI, AGED 61 YEARS, W/O. VISWAMBARAN, ELAVUMGAL VEETTIL, MANJUMEL, ELOOR, ERNAKULAM - 683 501.** **4. JAYARANI, AGED 30 YEARS, D/O.VISWAMBARAN, ELAVUMGAL VEETTIL, MANJUMEL, ELOOR, ERNAKULAM - 683 501.** **R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R2 TO R4 BY ADV. SRI.M.H.ASIF ALI.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## rs. ## **Crl.MC.No. 7806 of 2016** ## **APPENDIX** ## **PETITIONER'S ANNEXURES:-** - **A1 A TRUE COPY OF THE CHARGE SHEET IN FIR NO. 269/2015 IN ELOOR POLICE STATION DATE 30.04.2015.** - **A2 A TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT HEREIN DATED 05.10.2016.** - **A3 A TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT HEREIN DATED 05.10.2016.** - **A4 A TRUE COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT HEREIN DATED 05.10.2016.** ## **RESPONDENT'S ANNEXURES:NIL.** ## **//TRUE COPY//** ## **P.S. TO JUDGE** rs. ## **RAJA VIJAYARAGHAVAN.V, J ---------------------------------------Crl.M.C. No.7806 of 2016** **----------------------------------------Dated this the 5[th] day of January, 2017** ## **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.1999 of 2015 on the file of the Judicial Magistrate of First Class, Kalamassery. In the aforesaid case they stand indicted under sections 447, 323 and 294(b) read with 34 of the IPC. - 3.The prosecution allegation is that on 15.4.2015 at about - 9.30 p.m., the petitioners herein in furtherance of their common intention, trespassed into the house of respondents 2 to 4 and assaulted them causing bodily Crl.M.C.7806/2016 2 injuries. - 4.Heard the submissions advanced. - 5.The learned counsel appearing for the petitioners submitted that the disputes between the parties have been settled and prayed that the proceedings be terminated to bring about peace and harmony between the parties . - 6.The learned counsel appearing for the party respondents endorsed the submissions of the petitioners and reiterated that they have no intention to persist with the criminal prosecution. Attention of this Court is invited to the affidavit filed by them to buttress his 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. - 7.The learned Public Prosecutor after getting instructions has expressed his reservations in the matter of quashing Crl.M.C.7806/2016 3 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. 8.I have considered the submissions. ## 9.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_ Crl.M.C.7806/2016 4 _to quash the criminal proceedings.”_ 10.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 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_ 11.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 5 Crl.M.C.7806/2016 of justice. Even otherwise, persisting with the prosecution would be nothing but a waste of time as the prospects of conviction would be bleak. 12.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 the Code to quash the proceedings. In the result, this petition will stand allowed. AnnexureA1 final report and all proceedings pursuant thereto against the petitioners now pending as C.C. No.1999 of 2015 on the file of the Judicial Magistrate of First Class, Kalamassery are quashed. **Sd/RAJA VIJAYARAGHAVAN.V. JUDGE** vps