Full Judgment
CRL.MC NO. 9932 OF 2024 1 2025:KER:15301
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946 CRL.MC NO. 9932 OF 2024 CRIME NO.1608/2015 OF Pathanamthitta Police Station, Pathanamthitta AGAINST THE ORDER/JUDGMENT IN CC NO.1437 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA PETITIONERS/ACCISED NOS 1,2,4 & 5:
1 SUKESH AGED 27 YEARS S/O SURESH, KUZHIPARAMBIL HOUSE, EDANADU MURI MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT., PIN - 689653 2 ADARSH AGED 27 YEARS S/O VIKRAMAN NAIR, KUTIYANIKULATHIL HOUSE, EDANADU MURI, MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT., PIN - 689653 3 ARUN AGED 27 YEARS S/O YASODHARAN, VAZHAPPLAVIL HOUSE, MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT., PIN - 689653 4 VISHNU AGED 29 YEARS S/O VIDHYADHARAN, VAZHAPPLAVIL HOUSE, MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT., PIN - 689653
CRL.MC NO. 9932 OF 2024 2 2025:KER:15301 BY ADVS. K.SHAJ BEENA N.KARTHA ARUN CHAND BHARAT VIJAY P. MINU VITTORRIA PAULSON GOPIKA GOPAL ARCHANA P.P. A.R.JUMANA ZULPHIKER RESPONDENTS/STATE & DEFACTO COMPLAINANT & INJURED:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 THE STATION HOUSE OFFICER PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT., PIN - 689645 3 INDULEKHA AGED 48 YEARS W/O MURALI MOHANAN NAIR, MURALI BHAVAN HOUSE, MUKKUZHI, ERAMURI, MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT., PIN - 689664 4 KIRAN NAIR AGED 26 YEARS S/O MURALI MOHANAN NAIR, MURALI BHAVAN HOUSE, MUKKUZHI, ERAMURI, MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT., PIN - 689664
BY ADV NEETHU S. PP E.C BINEESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 9932 OF 2024 3 2025:KER:15301
C. JAYACHANDRAN, J.
------------------------------------ Crl.M.C.No.9932 of 202 ------------------------------------ Dated, this the 18th day of February, 2025
ORDER
A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code (now Section 528 of BNSS, 2023) in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the
guidelines was that the offences against human body,
other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [(2012) 10 SCC 303]. Similarly in Narinder
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Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under Section 482 of the Criminal Procedure Code to quash the F.I.R. in a crime alleging offence under Section 307, which is a heinous and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow:
“6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”
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2. In the facts at hand, petitioners are accused
nos.1,2,4 and 5 in Crime No.1608 of 2015 of Pathanamthitta Police Station, Pathanamthitta, now pending as C.C.No.1437/2015 before the Judicial First Class Magistrate Court-I, Pathanamthitta. As per the final report the offences alleged are under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code. The petitioners seek quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties.
3. Heard the learned counsel for the petitioners, learned counsel for the defacto complainant/respondent no.3 and the injured/4th respondent and the learned Public Prosecutor. Perused the records.
4. When this Crl.M.C was moved, this Court directed
to record the statements of the defacto complainant and the injured. The said direction was complied and their statements were handed over. On perusal of the same, it is clear that the issues between the petitioners, the CRL.MC NO. 9932 OF 2024 6 2025:KER:15301
defacto complainant and the injured are settled amicably and that they have no objection in quashing the criminal proceedings against the petitioners. That apart, it is noticed that, along with this Crl.M.C, affidavits have been sworn to by the defacto complainant and the injured (3rd and 4th respondents herein) as Annexures- A3 and A4, wherein they would unequivocally state that the disputes have been settled and that the complaint stemmed from misunderstanding. The defacto complainant and the injured would also swear that they have no objection in quashing the criminal proceedings, as against the petitioners and that the affidavits are sworn to on their own volition, without any compulsion, whatsoever. This Court, is therefore, convinced that the settlement arrived at is genuine and bonafide. Learned Counsel for respondents 3 and 4 would also endorse that the quashment sought for can be allowed.
5. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in Narinder Singh (supra), Madan Mohan CRL.MC NO. 9932 OF 2024 7 2025:KER:15301
Abbot (supra) and Gian Singh (Supra), are fully satisfied. This Court is convinced that further proceedings against the petitioners will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that offences under Sections 323 and 341 are compoundable, which is all the more a reason to accept the compromise between the parties.
In the circumstances, this Crl.M.C. is allowed. Annexure-A1 F.I.R., Annexure-A2 Final Report in Crime no.1608 of 2015 and all further proceedings in C.C.No.1437 of 2015 of the Judicial First Class Magistrate Court-I, Pathanamthitta, are hereby quashed. Though this Crl.M.C is preferred by the accused nos.1, CRL.MC NO. 9932 OF 2024 8 2025:KER:15301 2, 4 and 5, this Court choose to quash the Final Report and all further proceedings in the above Calendar Case against all the accused persons, inasmuch as the settlement will operate in favour of other accused persons as well.
Sd/- C. JAYACHANDRAN JUDGE ska CRL.MC NO. 9932 OF 2024 9 2025:KER:15301 APPENDIX OF CRL.MC 9932/2024 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 26/06/2015 IN CRIME NO. 1608 OF 2015 OF PATHANAMTHITTA POLICE STATION. Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED PATHANAMTHITTA POLICE STATION. Annexure A3 THE AFFIDAVIT DATED 04/11/2024 SWORN BY THE 3RD RESPONDENT. Annexure A4 THE AFFIDAVIT DATED 04/11/2024 SWORN BY THE 4TH RESPONDENT.