Sreerag and others v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE GOPINATH P.** **FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943 Crl.MC.No.2231 OF 2021(H)** **CRIME NO.743/2020 OF Thumba Police Station , Thiruvananthapuram** ## **PETITIONERS/ACCUSED NO.1 TO 4:** |**1**|**SREERAG,**| |---|---| ||**AGED 21 YEARS**| ||**S/O. RAJEEV, VELIMALAVEEDU, KARIMANAL P.O.,**| ||**KUZHIVILA, KULATHOOR, THIRUVANANTHAPURAM-695 583.**| |**2**|**RAJEEV**| ||**AGED 45 YEARS**| ||**S/O. KARUNAKARAN, VELIMALAVEEDU, KARIMANAL P.O.,**| ||**KUZHIVILA, KULATHOOR, THIRUVANANTHAPURAM-695 583.**| |**3**|**SREEJITH**| ||**AGED 26 YEARS**| ||**S/O. RAJEEV, VELIMALAVEEDU, KARIMANAL P.O.,**| ||**KUZHIVILA, KULATHOOR, THIRUVANANTHAPURAM-695 583.**| |**4**|**APPU @ SOORAJ**| ||**AGED 22 YEARS**| ||**S/O. SUDHEER, MANGALASSERI VEEDU, LAKSHAMVEEDU,**| ||**ANAYARA P.O., THIRUVANANTHAPURAM-695 029.**| ||**BY ADVS.**| ||**SRI.ARUN CHAND**| ||**SHRI.VINAYAK G MENON**| ||**SHRI.BHARAT VIJAY P.**| ||**SHRI.MAJID MUHAMMED K.**| ## **RESPONDENTS/STATE/DE FACTO COMPLAINANT:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF**| ||**KERALA, ERNAKULAM-682 031.**| |**2**|**SUB INSPECTOR OF POLICE**| ||**THUMBA POLICE STATION, THIRUVANANTHAPURAM, KERALA-695**| ||**583.**| Crl.M.C.No.2231/2021 & con.case 2 **3 MANI RAVEENDRAN AGED 51 YEARS S/O. RAVEENDRAN, PULVILAKATHU KADAYILVEEDU, KARIMANAL P.O., ATTIPRA VILLAGE, THUMBA, THIRUVANANTHAPURAM-695 583.** **4 MIDHUN M.R. AGED 28 YEARS S/O. MANI, PULIVILAKATHU KADAYILVEDU, KARIMANAL P.O., ATTIPRA VILLAGE, THUMBA, THIRUVANANTHAPURAM695 583. R3-4 BY ADV. SRI.M.SAKKIR HUSAIN R1-R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH Crl.MC.2394/2021(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.No.2231/2021 & con.case 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE GOPINATH P.** **FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943** **Crl.MC.No.2394 OF 2021(H)** **CRIME NO.744/2020 OF Thumba Police Station , Thiruvananthapuram** ## **PETITIONERS/ACCUSED NO.1 TO 3:** |**1**|**MIDHUN M.R.,**| |---|---| ||**AGED 28 YEARS**| ||**S/O. MANI, PULIVILAKATHU KADAYILVEEDU, KARIMANAL**| ||**P.O. ATTIPRA VILLAGE, THUMBA, THIRUVANANTHAPURAM**| ||**695 583.**| |**2**|**SUJIN,**| ||**AGED 25 YEARS**| ||**S/O. SHIBU, KUZHIVILA THOPPIL VEEDU,**| ||**KARIMANAL P.O. ATTIPRA VILLAGE, THUMBA,**| ||**THIRUVANANTHAPURAM 695 583.**| |**3**|**RAHUL GOPAN,**| ||**AGED 25 YEARS**| ||**S/O. GOPAKUMAR, GOKULAM,**| ||**KARIMANAL P.O. ATTIPRA VILLAGE, THUMBA,**| ||**THIRUVANANTHAPURAM 695 583.**| ||**BY ADVS.**| ||**SRI.ARUN CHAND**| ||**SHRI.VINAYAK G MENON**| ||**SHRI.BHARAT VIJAY P.**| ||**SHRI.MAJID MUHAMMED K.**| ## **- RESPONDENTS/STAT4E/DE FACTO COMPLAINANT:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF**| ||**KERALA, ERNAKULAM 682 031.**| |**2**|**SUB INSPECTOR OF POLICE,**| ||**THUMBA POLICE STATION, THIRUVANANTHAPURAM, KERALA**| ||**695 583.**| Crl.M.C.No.2231/2021 & con.case 4 |**3**|**SREEJITH,**| |---|---| ||**S/O. RAJEEV,**| ||**VELIMALAVEEDU,**| ||**KARIMANAL P.O. KUZHIVILA, KULATHOOR,**| ||**THIRUVANANTHAPURAM 695 583.**| |**4**|**SREERAG,**| ||**AGED 21 YEARS**| ||**S/O. RAJEEV,**| ||**VELIMALAVEEDU,**| ||**KARIMANAL P.O. KUZHIVILA, KULATHOOR,**| ||**THIRUVANANTHAPURAM 695 583.**| |**5**|**RAJEEV,AGED 45 YEARS**| ||**S/O. KARUNAKARAN,**| ||**VELIMALAVEEDU,**| ||**KARIMANAL P.O. KUZHIVILA, KULATHOOR,**| ||**THIRUVANANTHAPURAM 695 583.**| ||**R3-5 BY ADV. SRI.M.SAKKIR HUSAIN**| ||**R1-R2 BY PUBLIC PROSECUTOR MS.M.N.MAYA**| **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH Crl.MC.2231/2021(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.No.2231/2021 & con.case 5 ## **ORDER** ## **[ Crl.MC.2231/2021, Crl.MC.2394/2021 ] Dated this the 7th day of May 2021** The petitioners in Crl.M.C.No.2231/2021 are the accused in Crime No.743/202o of Thumba Police Station, Thiruvananthapuram District. The said case was registered on a complaint made by respondents 3 and 4 ( _de facto_ complainants) alleging commission of offences under Sections 341, 323, 294(b) r/w.Section 34 of the Indian Penal Code. This petition is filed seeking to quash all further proceedings in Crime No.743/2021 of Thumba Police Station, Thiruvananthapuram District on the ground of settlement with the _de facto_ complainants. 2. The 4[th] respondent in Crl.M.C.No.2231/2021 with two others are petitioners in Crl.M.C.No.2394/2021. They seek to quash all proceedings in Crime No.744/2020 of Thumba Police Station, Thiruvananthapuram District, which was registered on the basis of the complaint of petitioners 1, 2 and 3 in Crl.M.C.No.2231/2021 alleging the commission of offences punishable under Sections 341, 323, 294(b) r/w. Section 34 of the Indian Penal Code. 3. A perusal of the pleadings in both these cases show that Crime No.743/2020 and Crime No.744/2020, both of Thumba Police Station, Thiruvananthapuram District, were registered on the basis of case and Crl.M.C.No.2231/2021 & con.case 6 counter case filed by the respective _de facto_ complainants and arise out of the same incident which took place on 1.9.2020 at about 5 p.m. It is also evident from the pleadings in these cases that the issues between the parties have been settled on account of mediation of well-wishers and relatives. Affidavits of the respective _de facto_ complainants in both cases have also been placed on record. 4. I have heard the learned counsel appearing for the respective parties and the learned Public Prosecutor appearing for the State of Kerala in these cases. 5. It is not disputed that the petitioners in both these cases are not habitual offenders and that no useful purpose will be achieved by continuing with the investigation and further prosecution in these cases. Absolutely no public interest is involved in the matter and the offences are not of a grave or heinous nature. Therefore, keeping in mind the principles laid down by the Hon'ble Supreme Court in **Gian Singh vs. State of Punjab and another** [2012(4) KLT 108] and **Parbatbhai Aahir and others vs. State of Gujarat and another** [(2017) 9 SCC 641], this is a case where the jurisdiction of this Court under Section 482 of Cr.P.C can be invoked in order to secure the ends of justice. Even if these cases were to be allowed to continue, the chances of a successful prosecution are evidently remote in the light of the settlement arrived at between the parties. It will be a wastage of time and effort for the officials of the Police Department to continue with the investigation of these cases Crl.M.C.No.2231/2021 & con.case 7 and any prosecution launched by filing a final report after the investigation will result in a wastage of precious judicial time. Taking note of the all the aforesaid circumstances and keeping in mind the principles laid down by the Supreme Court in the decisions referred to above, I find that these are cases where jurisdiction of this court under Section 482 of the Code of Criminal Procedure can be invoked to secure the ends of justice. 6. In the result, Crl.M.C.No.2231/2021 is allowed. Annexure-A-1 FIR in Crime No.743/2020 of Thumba Police Station, Thiruvananthapuram District and all further proceedings thereon will stand quashed as against the petitioners in this case. Similarly Crl.M.C.No.2394/2021 will stand allowed and all further proceedings in Annexure-A-1 FIR in Crime No.744/2020 of Thumba Police Station, Thiruvananthapuram District and all further proceedings thereon will stand quashed as against the petitioners in this case. Both petitions will stand disposed of accordingly. ## **SD/-** **GOPINATH P. JUDGE** **acd** Crl.M.C.No.2231/2021 & con.case 8 ## **APPENDIX OF Crl.MC 2231/2021** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE TRUE COPY OF THE F.I.R. IN CRIME NO.743/2020 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.** **ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT SETTING DISPUTES BETWEEN THE PETITIONERS IN THE SAID CRIME. ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE SON OF THE DE-FACTO COMPLAINANT SETTLING DISPUTES BETWEEN THE PETITIONERS IN THE SAID CRIME.** Crl.M.C.No.2231/2021 & con.case 9 ## **APPENDIX OF Crl.MC 2394/2021** |**PETITIONER'S/S**|**EXHIBITS:**| |---|---| |**ANNEXURE A1**|**THE TRUE COPY OF THE F.I.R. IN CRIME NO.**| ||**744/2020 OF THUMBA POLICE STATION,**| ||**THIRUVANANTHAPURAM DISTRICT.**| |**ANNEXURE A2**|**AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT**| ||**DEFACTO COMPLAINANT SETTING DISPUTES**| ||**BETWEEN THE PETITIONERS PERTAINING TO THE**| ||**REGISTRATION OF ANNEXURE AI CRIME.**| |**ANNEXURE A3**|**AN AFFIDAVIT SWORN BY THE 4TH RESPONDENT**| ||**INJURED WHO IS THE BROTHER OF THE DEFACTO**| ||**COMPLAINT SETTLING DISPUTES BETWEEN THE**| ||**PETITIONERS PERTAINING TO THE REGISTRATION**| ||**OF ANNEXURES AI CRIME.**| |**ANNEXURE A4**|**AN AFFIDAVIT SWORN BY THE 5TH RESPONDENT**| ||**INJURED WHO IS THE BROTHER OF THE DEFACTO**| ||**COMPLAINT SETTLING DISPUTES BETWEEN THE**| ||**PETITIONERS PERTAINING TO THE REGISTRATION**| ||**OF ANNEXURES AI CRIME.**|