Suhud Kokker v. Prashanth, Sub Inspector of Police, Ernakulam & State

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** **MONDAY, THE 8TH DAY OF JULY 2013/17TH ASHADHA, 1935** ## **Crl.MC.No. 2772 of 2013** **---------------------------------[C.C.48/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM IN CRIME NO. 1444/2006 OF ERNAKULAM - CENTRAL POLICE STATION]** **..........** ## **PETITIONER/ACCUSED:** **----------------------------------** **SUHUD KOKKER, S/O.ABDUL KHADER, AGED 46 YEARS, BAVA MANSION, CHITTOOR ROAD, ERNAKULAM-682 018.** **BY ADV. SRI.T.R.TARIN.** ## **RESPONDENT/COMPLAINANT & STATE:** **----------------------------------------------------------** ## **1. PRASHANTH,** **S/O.PRABHAKARAN,AGED 42 YEARS, THENATHU PARAMBIL HOUSE, CHERTHALA TALUK, KOKKOTHAMANGALAM VILLAGE, SHAVESHWARI DESOM, CHERTHALA, ALLEPPEY-688 524.** **2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM- 682 031.** ## **3. STATE ,** **REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.** **R1 BY ADV. SRI.P.K.ANIL, R2 & R3 BY PUBLIC PROSECUTOR SMT. S. HYMA.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Prv.** ## **CRL.M.C.NO.2772/2013:** ## **APPENDIX** ## **PETITIONER'S ANNEXURES:** **ANNEXURE I: COPY OF THE FIRST INFORMATION REPORT. ANNEXURE II: COPY OF THE FINAL REPORT.** ## **RESPONDENTS' ANNEXURES: NIL.** **//TRUE COPY//** **P.A. TO JUDGE.** **Prv.** ## **V.K.MOHANAN, J.** ## **---------------------------------------Crl.M.C. No. 2772 of 2013** **----------------------------------------** Dated this the 8[th] day of July, 2013 ## **ORDER** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioner, who is an accused in C.C.No.48/2007 of the Judicial First Class Magistrate Court, Ernakulam which is a case instituted upon the police report in Crime No.1444/2006 of Ernakulam Central Police Station for the offences punishable under Sections 448, 323, 427 of I.P.C., with a prayer to quash Annexure-II final report in C.C.No.48/2007 in the file of the Judicial First Class Magistrate Court-II, Ernakulam, as the matter is settled out of court. 2. The allegation in the above case against the petitioner/accused is that he trespassed into the Office of the defacto complainant namely Kokkers Films, at A L Jacob road on 3/1/2006 at 3.30 p.m., and assaulted the defacto complainant and thereby committed offences punishable under Sections 448, 323, 427 of IPC. Now, the case of the petitioner is that the matter is settled between himself and defacto complainant. The defacto complainant who is the first **Crl.M.C. No. 2772of 2013** 2 respondent herein has sworn into an affidavit dated 8/7/2013 and the joint petition is filed under Sections 320 and 482 of Cr.P.C dated 5/7/2013 which is singed by the petitioner as well as the first respondent and counter singed by the respective counsels. 3. Heard the learned counsel for the petitioner as well as the first respondent. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that during the pendency of the above case, the matter is settled amicably between the parties to the dispute which is the subject matter of the above case. Therefore, the continuation of the proceedings in the above case is abuse of process of law and proceedings. 5. The learned counsel for the first respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the de facto complainant does not intend to proceed any further against the petitioner and she has no grievance against him. 6. I have carefully considered the above submissions **Crl.M.C. No. 2772of 2013** 3 of the respective counsel. I have verified the documents and materials produced along with the above petition. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition. 7. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only Sections 448, 323, 427 of I.P.C., which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are involved, the real parties to the dispute approached this Court after having amicably settled the matter. From the submission made by the counsel for the first respondent, it appears to me that the the de facto complainant has no further grievance against the petitioner accused in the light of the settlement arrived by them. In this juncture, it is relevant to note the decision of the Honourable Apex Court reported in **Gian Singh** v. **State of Punjab** [2012(4) KLT 108 (SC)]. In which case, the Supreme Court has held as follows:- **Crl.M.C. No. 2772of 2013** 4 _“57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.._ ## It is further held as follows:- “...... _... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial,mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender_ **Crl.M.C. No. 2772of 2013** 5 _and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........”_ According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision is applicable in the present case. Thus, I am of the view that as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote and encourage such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decisions cited supra, this Criminal M.C. can be allowed granting the relief as sought for. 6 ## **Crl.M.C. No. 2772of 2013** In the result, this Crl.M.C. is allowed, quashing Annexure-II and all further proceedings pending against the petitioners in C.C.No. 48/2007 of the Judicial First Class Magistrate Court, Ernakulam and all further proceedings thereto. **V.K.MOHANAN, JUDGE** AS