Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 CRL.MC NO. 6087 OF 2023 CRIME NO.419/2017 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM AGAINST SC NO.1393/2019 OF I ADDITIONAL SUB COURT,THIRUVANANTHAPURAM CP NO.33/2019 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-II, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NO.1 TO 8 :
1 NITHEESH M AGED 32 YEARS S/O MOHANAN, THUNDATHIL VEEDU, MANCHADI LANE, AKKULAM ROAD, MEDICAL COLLEGE, THIRUVANANTHAPURAM, PIN - 695011 2 ARUN KUMAR C S AGED 31 YEARS S/O SUKUMARAN, CHEMBAKAPLAKKAL VEEDU, VALARA, ADIMALI, IDUKKI, PIN - 685561 3 CHRISTY SAJI AGED 29 YEARS S/O SAJI ANTONY, KALARIKKAL HOUSE, PONKUNNAM, KOTTAYAM, PIN - 686506 4 ATHUL AHMED AGED 26 YEARS S/O FASILUDDIN, NASIM MANZIL, PARAYIL, IDAVA, CHIRAYINKEEZH TALUK, VARKALA, KOLLAM, PIN - 695141 5 ANAS ASSIM AGED 28 YEARS S/O ASEEMUDEEN NADAKKAVIL HOUSE SNEHA NAGAR -3 KAVALPURA, ERAVIPURAM PO KOLLAM, PIN - 691011 6 MUHAMMED SHAFI AGED 30 YEARS S/O SHAMSUDHEEN, ABUS MANZIL, CHEMMANTHUR, PUNALUR, KOLLAM, PIN - 691305 7 PADMANABHAN R AGED 28 YEARS S/O RAMACHANDRAN NAIR B P, T C 73/136, AMMANKOVIL JUNCTION, MANACAUD P O, KURIYATHY, THIRUVANTHAPURAM, PIN - 695009
CRL.MC NO. 6087 OF 2023 2 8 PRANAV P NAIR AGED 28 YEARS S/O,PRATHAPACHANDRAN NAIR. N. S, PRASADAM, THEVANNOOR, P. O, AYUR, KOLLAM, PIN - 691533 BY ADV VISHNU DAS RESPONDENTS/STATE & DE FACTO COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER MUSEUM POLICE STATION THIRUVANANTHAPURAM DISTRICT, PIN - 695033 3 VISHNU G UNNITHAN AGED 27 YEARS S/O. GOPALAKRISHNAN UNNITHAN, CHITHRANJALI HOUSE, GRA-192, CHERUKARA GARDENS, THIRUMALA VILLAGE, POOJAPPURA, THIRUVANANTHAPURAM DISTRICT., PIN - 695012 4 ASHISH ABY DAVID AGED 27 YEARS S/O ABY DAVID, ABY'S COTTAGE, PALLICKAL P.O, KATTANAM, ALAPUZHA DISTRICT, PIN - 688011
BY ADVS. BY SMT. NEEMA T.V. SR.PP SRUTHI DAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 6087 OF 2023 3
ORDER
This petition is filed invoking the powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).
2. The petitioners herein are the accused Nos.1 to 8 in
Crime No.419/2017 of the Museum Police Station, Thiruvananthapuram registered for the offences punishable under Sections 143, 147, 148, 323, 324, 341 and 308 r/w Section 149 of the IPC. It is stated that the case against accused Nos.1,2,3 and 6 is pending as C.P. No.33/2019 on the files of the Judicial Magistrate of the First Class-III, Thiruvananthapuram and the case against accused Nos.4,5,7 and 8 is pending as S.C. No.1393/2019 on the files of the First Additional Sub Judge, Thiruvananthapuram.
3. The prosecution allegation, as borne out from the
records, are as under: On 13.03.2017 at about 2.00 p.m., at Government Law College, Thiruvananthapuram, the accused persons, due to previous enmity, CRL.MC NO. 6087 OF 2023 4 obstructed the party respondents and attacked them causing injuries.
4. The learned counsel for the petitioners submits that the
parties have settled their dispute and do not wish to pursue the prosecution proceedings. He relies on the affidavits filed by the party respondents in support of his contention. Counsel argues that if the proceedings are terminated, with the recording of the amicable settlement, the parties can move forward in an atmosphere of peace and mutual respect.
5. The learned Public Prosecutor, on instructions, has
expressed reservations about quashing the proceedings solely on the basis of the settlement. He argues that the facts and circumstances may not warrant the exercise of the court's inherent jurisdiction under Section 482 of the Code of Criminal Procedure. However, it is fairly submitted that there have been no other crimes of serious nature registered against the petitioners to date. It is further submitted that the statements of the party respondents have been recorded, and they have unequivocally stated that they do not have any lasting grievances.
6. I have considered the submissions and have gone CRL.MC NO. 6087 OF 2023 5 through the records.
7. In State of M.P. v. Laxmi Narayan,1, a three-judge
bench of the Hon’ble Supreme Court has summarized the law as laid down in Gian Singh v. State of Punjab2, Narinder Singh v. State of Punjab3 and in subsequent cases. It was laid down as under:
15. Considering the law on the point and the other decisions of this Court on the point referred to hereinabove, it is observed and
held as under:
15.1. That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; 15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; 15.3. Similarly, such power is not to be exercised for the offences
[(2019) 5 SCC 688]
(2012) 10 SCC 303 2014 (6) SCC 466 CRL.MC NO. 6087 OF 2023 6
under the special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; 15.4. Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge-sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paras 29.6 and 29.7 of
CRL.MC NO. 6087 OF 2023 7
the decision of this Court in Narinder Singh [Narinder Singh v. State of Punjab, (2014) 6 SCC 466 : (2014) 3 SCC (Cri) 54] should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; 15.5. While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offenses, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise, etc.
8. Having carefully analyzed the prayer sought in the light of
the principles laid down above and also the nature of the allegations, the gravity of the offense, the severity of injuries inflicted, antecedents of the accused, and the amicable relationship that now exists between the parties, I am of the considered opinion that quashing the proceedings on the basis of the settlement will not have any adverse impact on society. In fact, it would only serve to bring about peace and secure the ends of justice. Additionally, persisting with the prosecution CRL.MC NO. 6087 OF 2023 8 would be a waste of time, as the prospects of conviction are bleak. In light of all of the relevant circumstances, I am of the considered view that this Court would be well justified in invoking its extraordinary powers under Section 482 of the Code to quash the proceedings. Resultantly, this petition will stand allowed. Annexure-A2 Final Report in Crime No.419/2017 of the Museum Police Station, Thiruvananthapuram and all further proceedings against accused Nos.1,2,3 and 6 pending as C.P. No.33/2019 on the files of the Judicial Magistrate of the First Class-III, Thiruvananthapuram and accused Nos.4,5,7 and 8 as S.C. No.1393/2019 on the files of the First Additional Sub Judge, Thiruvananthapuram are quashed. Sd/- RAJA VIJAYARAGHAVAN V., JUDGE NS CRL.MC NO. 6087 OF 2023 9 APPENDIX OF CRL.MC 6087/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY FIRST INFORMATION REPORT IN CRIME NO.419/2017 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 13.03.2017 Annexure A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.419/2017 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT DATED 08.07.2023 Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT/DEFACTO COMPLAINANT DATED 08.07.2023 Annexure A5 THE TRUE COPY OF THE E-COURTS CASE STATUS OF CP NO.10/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANTHAPURAM Annexure A6 THE TRUE COPY OF THE E-COURTS CASE STATUS OF SC NO. 1393/2019 ON THE FILES OF FIRST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM Annexure A7 THE TRUE COPY OF THE E-COURTS CASE STATUS OF CP NO.33/2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANTHAPURAM