Suraj, Surendan, Srineesh and Daneesh v. State of Kerala and Sanith

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 30TH DAY OF OCTOBER 2014/8TH KARTHIKA, 1936** ## **Crl.MC.No. 5513 of 2014 ()** ## **--------------------------CP.NO. 41/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM ----------------------** **PETITIONERS/ACCUSED NO.1 TO 4 :** **-------------------------------------------------------** ## **1. SURAJ** **S/O.SURENDRAN, CHOYIKUNNATHE HOUSE, ARRUVAYI PAZHANNI VILLAGE, THALAPALLY TALUK, THRISSUR DISTRICT.** ## **2. SURENDRAN** **S/O.KUTTAPPAN, CHOYIKUNNATHE HOUSE, ARRUVAYI PAZHANNI VILLAGE, THALAPALLY TALUK, THRISSUR DISTRICT.** ## **3. SRINEESH** **S/O.GUKULAN, CHOYIKUNNATHE HOUSE, ARRUVAYI PAZHANNI VILLAGE, THALAPALLY TALUK, THRISSUR DISTRICT.** ## **4. DANEESH** **S/O.VASU, PALAYURPARAMBIL HOUSE, PAZHANNI VILLAGE THALAPALLY TALUK, THRISSUR DISTRICT.** **BY ADV. SRI.YASH THOMAS MANNULLY** ## **RESPONDENTS/DEFACTO-COMPLAINANT & STATE :** **----------------------------------------------------------------------------** ## **1. STATE OF KERALA** **REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.** ## **2. SANITH** **S/O.LATE CHANDRAN, UPPUMOOCHIKKAL HOUSE KARRIKKAD VILLAGE, THRISSUR DISTRICT-680 519.** **R1 BY PUBLIC PROSECUTOR SRI.R. GITHESH R2 BY ADV. SRI.P.A.GIREESH KUMAR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-10-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Mn** **...2/-** **Crl.MC.No. 5513 of 2014 () -------------------------------------** ## **APPENDIX** **PETITIONER(S)' ANNEXURES : --------------------------------------------ANNEXURE A1CERTIFIED COPY OF THE F.I.R IN CRIME NO.184 OF 2012 OF KUNNAMKULAM POLICE STATION DATED 06.02.2012. ANNEXURE A2CERTIFIED COPY OF THE FINAL REPORT DATED 30.07.2012 IN CRIME NO.184 OF 2012 OF KUNNAMKULAM POLICE STATION. ANNEXURE A3AFFIDAVIT BY THE SECOND RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------//TRUE COPY// P.S. TO JUDGE Mn** ## **ALEXANDER THOMAS, J. ----------------------------Crl.M.C.No.5513 Of 2014 --------------------------------Dated this the 30[th] day of October, 2014.** ## **O R D E R** The four petitioners herein are the accused Nos.1 to 4 in Crime No.184/2012 of Kunnamkulam Police Station, Thrissur District registered for offences alleged under Section 341, 324, 308, 506(1), 294(b) r/w 34 Indian Penal Code. The gist of the prosecution allegation is that on 6.2.2012 at about 12:00 noon due to the continued love affair that existed between the defacto complainant (2[nd] respondent herein) and the daughter of Accused No.2 (who is also the sister of A1), the 2[nd] respondent was asked to come to Keattol Centre by the petitioners over mobile phone and that when the 2[nd] respondent-defacto complainant reached the Keattol Centre, the petitioners came in motor cycles and attacked the defacto complainant and they inflicted injuries to the defacto complainant. Annexure-A1 is the copy of the FIR in Crime No.184/2012 of Kunnmkulam Police Station registered on 7.2.2012. The police after investigation submitted the impugned Annexure-A2 Final Report in the impugned Crime ::2:: ## **Crl.M.C.No.5513 Of 2014** No.184/2012 of Kunnamkulam Police Station on 30.7.2012 which led to the institution of committal proceedings, C.P.No.41/2013 on the file of the Judicial First Class Magistrate Court, Kunnamkulam. It is stated that all the disputes between the petitioners and the 2[nd] respondent (defacto complainant) have been amicably resolved and thereafter accused No.2 (father of the girl) took steps to conduct the marriage of his daughter with the defacto complainant and the said couple are living together as husband and wife. The 2[nd] respondent-defacto complainant has sworn to affidavit dated 31.8.2014 produced as Annexure-A3 in this Crl.M.C stating the above aspects and particularly stating that on account of the intervention of well wishers, the entire disputes between the parties have been amicably settled and that the parties are residing nearby and in view of the settlement, there is no need to continue the impugned criminal proceedings any further and that he has no surviving grievance in the matter and has no objection in the quashment of the proceedings etc. It is in the light of the facts and circumstances, that the aforementioned Crl.M.C has been filed with the prayer to quash the impugned ::3:: ## **Crl.M.C.No.5513 Of 2014** Annexure-A2 Final Report/Charge Sheet in the impugned Crime No.184/2012 of Kunnamkulam Police Station which has led to the pendency of C.P.No.41/2013 on the file of the Judicial First Class Magistrate Court, Kunnamkulam etc. 2. The Crl.M.C has been admitted and Sri.P.A.Girish Kumar, Advocate, has taken notice for the 2[nd] respondent and the learned Public Prosecutor has taken notice for the 1[st] respondent-State of Kerala. 3. Heard Sri.Yash Thomas Mannully, learned counsel appearing for the petitioners, Sri.P.A.Girish Kumar, learned counsel appearing for the 2[nd] respondent and the learned Public Prosecutor appearing for the 1[st] respondent. 4. The learned counsel for the petitioners has submitted that during the pendency of the aforementioned criminal proceedings, the matter has been settled amicably between the parties, and that the continuation of the proceedings in the above case/crime will cause miscarriage of justice to both parties as the real disputants to the controversy have arrived at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer ::4:: ## **Crl.M.C.No.5513 Of 2014** wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State. 5. Sri.P.A.Girish Kumar, learned counsel appearing for the 2[nd] respondent has submitted on the basis of the specific instructions furnished by the 2[nd] respondent that the 2[nd] respondent has amicably settled the disputes with the petitioners and that he has no objection in the quashment of the impugned criminal proceedings and that the complainant/victim/injured does not intend to proceed any further against the petitioners as he has no grievance against them and that they will not raise any dispute/complaint in future if the prayer for quashing the impugned final report is allowed. 6. The learned Public Prosecutor also was heard and submitted that this Court may consider the prayer in this case in the light of the law well settled by the Apex Court in that regard. 7. After having carefully considered the submissions of the parties and after having perused the pleadings as well as the documents and materials placed in this matter, it can be ::5:: ## **Crl.M.C.No.5513 Of 2014** seen that the offences alleged are more or less personal in nature. The crucial aspect of the matter is that though such offences are involved, the real disputants to the controversy, which has led to the impugned criminal proceedings, have actually arrived at an amicable settlement of the matter. From the submissions made by the learned counsel for the 2[nd] respondent, it is clear to the Court that the injured/victim/defacto complainant has no further grievance against the petitioners/accused in the light of the settlement arrived at by them. 8. In this connection, it is relevant to note the decision of the Apex Court in the case between _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160, para 61 = (2012) 10 SCC 303 = 2012(4) KLT 108(SC), wherein the Supreme Court has held as follows in para 61 thereof [ See SCC (Cri)]: _“61. 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_ ::6:: ## **Crl.M.C.No.5513 Of 2014** _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, mercantile, 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 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........”_ In the decision reported in the case _**Yogendra Yadav & others**_ _**v. The State of Jharkhand & another**_ reported in 2014 (8) Scale 634 = III (2014) Current Criminal Reports CCR 426 (SC), the Apex Court has held as follows: _“When the High Court is convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them”._ The Apex Court in the above case was dealing with a case involving offences under Sections 341, 323, 324, 504 & 307 r/w Section 34 Indian Penal Code. ::7:: ## **Crl.M.C.No.5513 Of 2014** 9. Considering the facts and circumstances of this case, it is seen further that the impugned criminal proceedings have arisen consequent to the personal disputes between the disputants and the disputes have been settled amicably between the parties. Accordingly, this Court is inclined to hold that in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived at between the parties, the principles laid down in the aforementioned decisions of the Apex Court will be squarely applicable in the present case. Moreover, since the real disputants to the controversy have amicably settled the disputes, which led to these impugned criminal proceedings, it is also the duty of the court to promote such settlement, instead of compelling the parties to go on with the dispute. It is also pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there may not be any fruitful prosecution and the chances of conviction of the accused is rather negligible and therefore, the net result of continuance of criminal proceedings would be sheer waste of judicial time rather meaningless and therefore would amount ::8:: ## **Crl.M.C.No.5513 Of 2014** to abuse of the process of court proceedings in the larger sense. Hence following decisions of the Apex Court cited supra, this Court is inclined to hold that the Crl.M.C. can be allowed by granting the prayers sought for. In the result, Crl.M.C is allowed and in the interest of justice, it is ordered that the impugned Annexure-A2 Final Report/Charge Sheet filed in in the impugned Crime No.184/2012 of Kunnamkulam Police Station which has led to the pendency of C.P.No.41/2013 on the file of the Judicial First Class Magistrate Court, Kunnamkulam and all proceedings arising therefrom stand quashed. The petitioner shall forward certified copies of this order to the Station House Officer concerned as well as to the jurisdictional Magistrate concerned. **ALEXANDER THOMAS, Judge.** bkn/-