Sreedevi and Nana Gubbala v. State of Kerala and Ors

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 26[TH] DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945 CRL.MC NO. 4026 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT CC 1016/2014 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM ``` ## **`PETITIONERS:`** ``` 1SREEDEVI AGED 47 YEARS, D/O. NARAYANASWAMI, 'SIVAPRASADAM' HOUSE, ALLAPPAT EXTENSION ROAD, RAVIPURAM, ERNAKULAM VILLAGE, PERUMANOOR P.O.,ERNAKULAM DISTRICT NOW RESIDING AT SAI APARTMENT, RAM NAGAR COLONY , VENKITTARAO NAGAR, ALWAR, SECUNDRABAD. (ACCUSED- 2), PIN - 682015 2NANA GUBBALA AGED 49 YEARS, S/O SATHYA NARAYANA MOORTHY , SIVAPRASADAM' HOUSE, ALLAPPAT EXTENSION ROAD, RAVIPURAM, ERNAKULAM VILLAGE, PERUMANOOR P.O.,ERNAKULAM DISTRICT NOW RESIDING AT SAI APARTMENT, RAM NAGAR COLONYVENKITTARAO NAGAR, ALWAR, SECUNDRABAD (ACCUSED- 1), PIN - 682015 BY ADVS. P.V.THOMAS TONY GEORGE THOMAS ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2THE STATION HOUSE OFFICER ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM, ERNAKULAM DISTRICT.., PIN - 682015 3SREEKUMAR AGED 56 YEARS, S/O. NARAYANASWAMI, 'SIVAPRASADAM' HOUSE, ALLAPPAT EXTENSION ROAD, RAVIPURAM, ERNAKULAM VILLAGE, PERUMANOOR P.O., ERNAKULAM DISTRICT (DE-FACTO COMPLAINANT), PIN – 682015 ``` Crl.M.C No.4026/2023 ..2.. ``` 4SRIDHAR AGED 53 YEARS, S/O. NARAYANASWAMI, 'SIVAPRASADAM' HOUSE, ALLAPPAT EXTENSION ROAD, RAVIPURAM, ERNAKULAM VILLAGE, PERUMANOOR P.O., ERNAKULAM DISTRICT (PW-2 INJURED), PIN – 682015 ``` ``` BY ADVS. PUBLIC PROSECUTOR Martin Jose P P.PRIJITH(K/233/2005) THOMAS P.KURUVILLA(K/420-B/2005) R.GITHESH(K/630/2002) AJAY BEN JOSE(K/729/2012) MANJUNATH MENON(K/000474/2015) V.A.JOHNSON(J-733) SACHIN JACOB AMBAT(K/734/2016) ANNA LINDA EDEN(K/1201/2020) HARIKRISHNAN S.(K/497/2019) ``` ``` BY ADV SRI.RENJITH - PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C No.4026/2023 ..3.. **P.V.KUNHIKRISHNAN, J. -------------------------------Crl.M.C. No.4026 of 2023 ---------------------------------------------Dated this the 26[th] day of October, 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. Petitioners are accused Nos.1 and 2 in C.C. No.1016/2014 before the Additional Chief Judicial Magistrate Court (Eco Offences) at Ernakulam arising from Crime No.1210/2014 of E.T. South Police Station, Ernakulam alleging offences punishable under Sections 341, 323, 324 and 326 r/w Section 34 of the Indian Penal Code. 3. The prosecution case is that the 1[st] petitioner and the 3[rd] and 4[th] respondents are siblings. Few days after the death of their mother while the petitioners were residing in Crl.M.C No.4026/2023 ..4.. the house, which was inherited from the mother of the 1[st] petitioner, respondents 3 and 4 reached in the house and quarreled with the petitioners and allegedly got injured and there by committed the aforesaid offences. 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 their 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. 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 Crl.M.C No.4026/2023 ..5.. the victims. 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_ Crl.M.C No.4026/2023 ..6.. _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 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_ Crl.M.C No.4026/2023 ..7.. _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 above;_ _v) while exercising the power under S.482 of the Code to quash the criminal proceedings in respect of noncompoundable 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 Crl.M.C No.4026/2023 ..8.. 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 in C.C. No.1016/2014 on the file of the Additional Chief Judicial Magistrate Court (Eco Offences), Ernakulam arising from Crime No.1210/2014 of E.T. South Police Station, Ernakulam are quashed. Sd/- **P.V.KUNHIKRISHNAN JUDGE** ded Crl.M.C No.4026/2023 ..9.. ## **`APPENDIX OF CRL.MC 4026/2023`** ``` PETITIONER ANNEXURES Annexure 1CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1210 /2014 OF E.T.SOUTH POLICE STATION, ERNAKULAM, ERNAKULAM DISTRICT IN C.C. NO. 1016/2014 ``` ``` Annexure 2TRUE COPY OF THE E-COURT PROCEEDINGS - DATED 25.04.2023 IN C.C.NO.1230/2014. Annexure 3TRUE COPY OF THE E-COURT PROCEEDINGS DATED 11-04-2023.IN C.C. NO. 1016/2014 Annexure 4THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT Annexure 5THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT ```