Tony Manuel v. State of Kerala and Bijoy Varghese

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR. JUSTICE V.K. MOHANAN** ## **MONDAY, THE 10TH DAY OF JUNE 2013/20TH JYAISHTA 1935** ## **Crl.MC. No. 2403 of 2013 ()** **---------------------------** ## **AGAINST THE ORDER IN LP 24/2011 of J.M.F.C.-I, ALAPPUZHA DATED CRIME NO. 790/2006 OF ALAPPUZHA NORTH POLICE STATION , ALAPPUZHA** ## **PETITIONER/PETITIONER:** **-------------------------------------** **TONY MANUEL, AGED 27 YEARS S/O. MANUEL, KOYIPALLY VEEDU, ASRAMAM WARD ALAPPUZHA** ## **BY ADV. SRI. G. PRIYADARSAN THAMPI** ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT:** **----------------------------------------------------------------------------** ## **1. STATE OF KERALA** - **REP BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA ERNAKULAM** **2. BIJOY VARGHESE, AGED 40 YEARS S/O. VARGHESE, KUNNEL VEEDU, EAST OF POONTHOPPU CHURCH ASRAMAM WARD, ALAPPUZHA, PIN-688 001** **R1 BY PUBLIC PROSECUTOR SMT. S. HYMA R2 BY ADV. SMT. BHAVANA VELAYUDHAN** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-06-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.No. 2403 of 2013 () ---------------------------** ## **APPENDIX** ## **PETITIONER'S EXHIBITS :-** **-----------------------------------** **ANNEX.A1 - COPY OF THE CHARGE IN CRIME NO. 790/2006 OF ALAPUZHA NORTH POLICE STATION ANNEX.A2 - AFFIDAVIT SWORN BY THE 2ND RESPONDENT DTD 10/6/2013** **RESPONDENTS' EXHIBITS:- NIL** **--------------------------------------** **//TRUE COPY//** **P.A. TO JUDGE** sp **V.K.MOHANAN, J. ---------------------------------------Crl.M.C.No.2403 of 2013 -----------------------------------------Dated this the 14[th] day of June, 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 the accused in C.C.No.1069 of 2009 (now numbered as L.P.No.24 of 2011) on the file of the Judicial First Class Magistrate Court-I, Alappuzha which is a case instituted upon the police report in Crime No.790 of 2006 of Alappuzha North Police Station for the offences punishable under Sections 341 & 323 read with Section 34 of IPC with a prayer to quash all further proceedings in L.P.No.24 of 2011 (Crime No.790 of 2006 of Alappuzha North Police Station) on the file of the Judicial First Class Magistrate Court-I, Alappuzha as the matter is settled out of court. 2. The allegation against the petitioner as well as the other accused is that, at 5.45 p.m. on 17/12/2006 at Poonthoppu Crl.M.C.No.2403/2013 :-2-: Church Junction, the accused persons due to previous animosity restrained the de facto complainant while he was driving a car and while the petitioner caught hold of him, the accused Nos.2 to 4 beat him with hands on his body and thereby committed the offences punishable under Sections 341, 323 & 34 of IPC. According to the petitioner, accused Nos.3 and 4 were already acquitted by the judgment dated 07/04/2007 in C.C.No.157 of 2007. Now the case of the petitioner is that, the dispute between himself and the de facto complainant is settled amicably. 3. Heard the learned counsel for the petitioner as well as the 2[nd] 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. Crl.M.C.No.2403/2013 :-3-: 5. The learned counsel for the 2[nd] 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 he has no grievance against him. 6. I have carefully considered the above submissions of the respective counsel. I have verified the documents and materials produced along with the above petition which is marked as Annexure-A2 affidavit. 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 341 & 323 read with Section 34 of IPC 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 Crl.M.C.No.2403/2013 :-4-: approached this Court after having amicably settled the matter. From the submission made by the counsel for the 2[nd] respondent, it appears to me that 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 the Supreme Court has held as follows:- “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 Crl.M.C.No.2403/2013 :-5-: 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 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 Crl.M.C.No.2403/2013 :-6-: 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. In the result, this Crl.M.C. is allowed, quashing all further proceedings pending against the petitioner in L.P.No.24 of 2011 (Crime No.790 of 2006 of Alappuzha North Police Station) on the file of the Judicial First Class Magistrate Court-I, Alappuza. **V.K.MOHANAN, JUDGE** skj True copy P.A. To Judge