Vijayakumar and Ramesh Kumar v. State of Kerala and Prabhakumari

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** **WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936** ## **Crl.MC.No. 5201 of 2014 ()** **--------------------------CRIME NO. 310/2009 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM ---------------------------** ## **PETITIONER/ACCUSED 1 & 2 :** **---------------------------------------------** ## **1. VIJAYAKUMAR, AGED 42 YEARS** **S/O.BALAKRISHNAN NAIR, TC 21/1801, V.V.HOUSE SOMAN NAGAR, NEDUNGAD WARD, MANACAUD VILLAGE THIRUVANANTHAPURAM.** ## **2. RAMESH KUMAR, AGED 30 YEARS** **ROSHNI, PCRA C-25, CHIRAKKONAM LANE** **PEYAD DESOM, VILAVOORKKAL VILLAGE, NEAR PRS HOSPITAL KILLIPALAM, NEDUNGAD WARD, MANACAUD VILLAGE THIRUVANANTHAPURAM.** **BY ADV. SRI.P.ANOOP (MULAVANA)** ## **RESPONDENTS/STATE, DEFACTO COMPLAINANT :** **--------------------------------------------------------------------------** ## **1. STATE OF KERALA** **REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.** ## **2. PRABHAKUMARI,** **D/O.KRISHNAMMA, AGED 36 YEARS RESIDING AT PRAKIRTHI BHAVAN T.C. 21/1807-2, VANNAVILA, SOMAN NAGAR NEDUNGADU WARD, MANACAUD VILLAGE THIRUVANANTHAPURAM DISTRICT.** **R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R2 BY ADV. SRI. LOWEL CHERIAN** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Mn** **...2/-** **Crl.MC.No. 5201 of 2014 () -------------------------------------** ## **APPENDIX** **PETITIONERS' ANNEXURES : -----------------------------------------ANNEXURE-A1: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.310/2009 OF THE KARAMANA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ANNEXURE-A2: TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------** **//TRUE COPY//** **P.S. TO JUDGE** **Mn** ## **V.K.MOHANAN, J.** ## **---------------------------------------Crl.M.C.No. 5201 of 2014** **----------------------------------------** Dated this the 17[th] day of September, 2014 ## **O R D E R** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are accused Nos. 1 and 2 in Crime No. 310/2009 of the Karamana Police Station for the offences punishable under Sections 452,506(ii),511 and 376 of I.P.C. with a prayer to quash Annexure A1 Final Report and further proceedings pending against the petitioners in Crime No.310/2009 of the Karamana Police Station, Thiruvanathapuram District as the matter is settled out of court. 2. The allegation in the above case is that accused Nos.1 and 2 who are the friends of the husband of the second respondent trespassed into the house of the second respondent and the first petitioner/first accused committed rape on the second respondent by keeping the second petitioner/second accused outside of the house on three occasions and now, the case of the petitioners is that the matter is settled out of court. Crl.M.C.No.5201 of 2014 :-2-: 3. Heard the learned counsel for the petitioners as well as the second respondent. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioners submitted that during the pendency of the above crime, the matter is settled amicably between the parties to the dispute which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings. 5. The learned counsel for the second respondent, who on the basis of specific instruction received from the respondent, submitted that the above respondent, who is the de facto complainant/victim/injured does not intend to proceed any further against the petitioners and she has no grievance against them. 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. 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. Crl.M.C.No.5201 of 2014 :-3-: 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 452,506(ii),511 and 376 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 second respondent, it appears to me that the injured/the victim/the de facto complainant has no further grievance against the petitioners/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:- _“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_ Crl.M.C.No.5201 of 2014 :-4-: _category can be prescribed.._ ## It is further held as follows:- “...... _... But the criminal cases having overwhelmingly and predominatingly 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........”_ 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 Crl.M.C.No.5201 of 2014 **==> picture [21 x 9] intentionally omitted <==** 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 Annexure A1 Final Report and further proceedings pending against the petitioners in Crime No.310/2009 of the Karamana Police Station, Thiruvanathapuram District. **V.K.MOHANAN, Judge** MBS/ ## Crl.M.C.No.5201 of 2014 :-6-: