Sirajudheen v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 02ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942** ## **Crl.MC.No.5785 OF 2015** ## **AGAINST CC NO.2321/2013 JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY AGAINST CMP NO.4285/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS- I, KARUNAGAPPALLY** **CRIME NO.623/2013 OF OCHIRA POLICE STATION, KOLLAM** ## **PETITIONER/ACCUSED:** **SIRAJUDHEEN AGED 37 YEARS, S/O.LATE CHADNRAN ASSARI, HASEENA MANZIL, MEMANAMURI, OCHIRA P.O., KOLLAM.** **BY ADV. SRI.M.R.NANDAKUMAR** ## **RESPONDENTS/STATE & COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2 SUB INSPECTOR OF POLICE OCHIRA POLICE STATION, KOLLAM DISTRICT-690526. *ADDL 3 MRS. HAMSABEEVI, REMEESH MANZIL, NJAKANAL, VAYAKANAM, OCHIRA – 690526, KARUNAGAPPALLY.** ***(ADDL. R3 IMPLEADED AS PER ORDER DATED 15.09.2015 IN CRL. M.A. NO.9169/2015 IN CRL.M.C. NO.5785/2015) R3 BY ADV. SRI.A.R.DILEEP BY ADV. SRI.GEORGE VARGHESE PERUMPALLIKUTTIYIL BY ADV. SRI.MANU SEBASTIAN** ## **OTHER PRESENT:** ## **SRI.SANTHOSH PETER, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.5785/2015 2 ## **ALEXANDER THOMAS, J.** ------------------------------------------Crl.M.C. No.5785 of 2015 ---------------------------------------------Dated this the 02[nd] day of December, 2020 ## **O R D E R** The prayer in the aforecaptioned Criminal Miscellaneous Case filed on 20.08.2015, under Section 482 of the Code of Criminal Procedure (Cr.P.C.), is as follows:- _"….....to quash all further proceedings initiated against the petitioners pursuant to Annexure A FIR and Annexure B Final Report in the interest of justice.”_ 2. Heard Sri.M.R. Nandakumar, learned counsel appearing for the petitioner (sole accused), Sri.Santhosh Peter, learned Public Prosecutor, appearing for official respondents 1 & 2 and Sri.George Varghese Perumpallikuttiyil, learned counsel appearing for the 3rd respondent. 3. The petitioner seeks quashment of Annexure-B Final Report/Charge Sheet filed in impugned Annexure-A crime No.623/2013 of Ochira Police Station, Kollam District, which has led to the pendency of C.C. No.2921/2013 on the file of the Judicial First Class Magistrate Court, Karunagappally, in which Crl.MC.No.5785/2015 3 the petitioner herein has been arrayed as the sole accused for offences punishable under Secs.294 (b), 324, 506(i), 354 & 447 of the Indian Penal Code (I.P.C.). The aforesaid impugned criminal proceedings has been set in motion pursuant to the directions issued by the learned Magistrate on Annexure-C private criminal complaint filed by the additional 3[rd] respondent (lady _de-facto_ complainant) in which the learned Magistrate had issued orders under Sec.156(2) of the Cr.P.C., directing the Police to register a crime and conduct investigation in the allegations thereon. 4. Now, it is brought to the notice of this Court that the entire disputes between the petitioner/accused and the 3[rd] respondent lady _de-facto_ complainant have been resolved and settled through mediatory efforts of well wishers and friends in the locality. It is pointed out by the learned counsel appearing for the petitioner that Annexure-G is the affidavit dated 27.07.2020 sworn to by the 3[rd] respondent lady _de-facto_ complainant, in which she has stated that she has settled all the disputes amicably with the petitioner/accused with the help of mediators and that there is no subsisting rivalry, ill will or Crl.MC.No.5785/2015 4 disputes between her and the petitioner and that in these circumstances, it is only just and necessary that further proceedings in this case be set aside so as to interdict with the impugned F.I.R. in the Final Report in the abovesaid Calendar Case, arising out of crime No.623/2013 of Ochira Police Station, Kollam District, etc. 5. The allegations in this case as per Annexure-A F.I.R. and Annexure-B Final Report/Charge Sheet is that on 18.04.2013 at about sunset time, the petitioner had come in a motor cycle in front of the house of the 3[rd] respondent (lady _defacto_ complainant) and used obscene and filthy languages against her and her husband and scuffle had occurred and the petitioner had caused injury to the _de-facto_ complainant with a stone (rubble metal) from the road, etc. 6. 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 Crl.MC.No.5785/2015 5 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. After hearing both sides, this Court is of the considered view that the discretion for quashment on the ground of settlement between the parties could be appropriately invoked in this case and taking note of the nature of the disputes between the parties by resort to the inherent extraordinary powers conferred on this Court as per Sec.482 of the Cr.P.C. Crl.MC.No.5785/2015 6 8. In that view of the matter it is ordered that the impugned Annexure-B Final Report/Charge sheet filed in the impugned Annexure-A filed in the impugned Annexure-A crime No.623/2013 of Ochira Police Station, which has led to the pendency of C.C. No.2921/2013 on the file of the Judicial First Class Magistrate Court, Karunagappally, as against the petitioner/accused and all consequential proceedings arising therefrom against the petitioner will stand quashed and set aside. 9. The office of the Judicial First Class Magistrate Court, Karunagappally has apprised this Court that the instant case after filing of the Final Report/Charge Sheet the case has been numbered as C.C. No.2921/2013 and that so far the charges have not been framed in this by the said court and that later, the petitioner was absent and the case was included in the Long Pending case list as L.P. No.23/2018 (arising out of C.C. No.2921/2013). The petitioner will produce certified copies of this order to the investigating officer concerned, as well as to the Judicial First Class Magistrate Court, Karunagappally, who is dealing with the Crl.MC.No.5785/2015 7 abovesaid C.C. No.2921/2013, for necessary information. With these observations and directions, the above criminal miscellaneous case will stand disposed of. **Sd/-** **ALEXANDER THOMAS, JUDGE** Skk//20112020 Crl.MC.No.5785/2015 8 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **ANNEXURE A TRUE COPY OF THE FIR NO.623/2013 DATED 07.05.2013. ANNEXURE B TRUE COPY OF THE FIR NO.623/2013 DATED 07.05.2013. ANNEXURE C TRUE COPY OF THE PRIVATE COMPLAINT IN CMP NO.4285/2013 BFORE THE JFCM, KARUNAGAPPALLY. ANNEXURE D TRUE COPY OF THE WP(C) NO.11675/2013 BEFORE THIS HON'BLE COURT. ANNEXURE E TRUE COPY OF THE JUDGMENT IN 11675/2013 DATED 27.06.2013 BEFORE THE HON'BLE COURT. ANNEXURE F ANNEXURE-F: TRUE COPY OF THE SCENCE MAHAZAR DATED 8.5.2013. RESPONDENTS' EXHIBITS: NIL**