Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 CRL.MC NO. 7963 OF 2023 CRIME NO.432/2014 OF RAILWAY POLICE STATION ERNAKULAM, Ernakulam AGAINST THE ORDER/JUDGMENT CC 364/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,ERNAKULAM PETITIONER/SOLE ACCUSED: NANDAKUMAR AGED 52 YEARS S/O. RAMACHANDRAN PILLAI, T/C.NO.15/1422, SITHARA HOUSE, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014 BY ADVS. SABU S.KALLARAMOOLA LEEJOY MATHEW.V. SINDHU MATHEW SEENA LIJO GEORGE RAKESH LEO SIMSAR UL HAQ K.Y RESPONDENT/STATE AND DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SREELEKSHMI S.NAIR AGED 29 YEARS D/O. SREEJA R. NAIR, SREELAKAM VEEDU, VALIYAVILADESOM, THIRUMALA, THIRUVANANTHAPURAM, PIN - 695006 SHRI.E.D.GEORGE SMT.M.G.TINU TREASA SRI. VIPIN NARAYAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 7963 OF 2023 2
ORDER
Petitioner is the accused in Crime No.432/2014 of Railway police station, Ernakulam, alleging commission of offence under Section 354 of the Indian Penal Code. The matter is now pending as C.C. No.364/2019 before the Judicial First Class Magistrate Court-I, Ernakulam.
2. The learned counsel appearing for the petitioner would
submit that the entire issues between the petitioner and the de facto complainant/ 2nd respondent have been settled. Learned counsel appearing for the petitioner also refers to Annexure 2 affidavit executed by the de facto complainant/ 2nd respondent to establish that the entire issues between the petitioner and the de facto complainant/ 2nd respondent have been settled and the de facto complainant does not intend to continue with the proceedings against the petitioner.
3. The learned Public Prosecutor and the learned counsel
appearing for the de facto complainant/ 2nd respondent would confirm that the entire issues between the petitioner and the de facto complainant have been settled and the de facto complainant does not wish to continue with the prosecution in any manner. CRL.MC NO. 7963 OF 2023 3
4. Having heard the learned counsel for the petitioner,
the learned Public Prosecutor and the learned counsel for the defacto complainant/ 2nd respondent, I am of the view that this is fit case where the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked to quash the proceedings against the petitioner on the ground of settlement. The principles governing the circumstances in which this Court can exercise the jurisdiction under Section 482 of the Cr.P.C to quash criminal proceedings in respect of non-compoundable offences are delineated by the judgments of the Supreme Court in Gian Singh V. State of Punjab [(2012) 10 SCC 303] and State of Madhya Pradesh V. Laxmi Narayan and Others [(2019) 5 SCC 688]. It is clear from the reading of the aforesaid judgments that offences of heinous nature cannot be quashed on the ground of subsequent settlement. Here, the nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. No public interest will be served by continuing with the proceedings against the petitioner. It is unlikely that the State will be able to successfully prosecute the case against the petitioner. In that view of the matter, I am of the view that this is fit case where the jurisdiction of this Court under Section 482 of CRL.MC NO. 7963 OF 2023 4 Cr.P.C. can be invoked to quash the proceedings against the petitioner on the ground of settlement. Accordingly, this Crl.M.C. is allowed and all further proceedings in C.C.No.364/2019 on the files of the Judicial First Class Magistrate Court-I, Ernakulam (arising out of Crime No.432/2014 of Railway Police Station, Ernakulam), will stand quashed as against the petitioner. Sd/- GOPINATH P. JUDGE ajt CRL.MC NO. 7963 OF 2023 5 APPENDIX OF CRL.MC 7963/2023 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 432/2014 OF RAILWAY POLICE STATION, ERNAKULAM FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ERNAKULAM, NUMBERED AS C.C. NO. 364/2019 Annexure 2 ORIGINAL AFFIDAVIT DATED 08-09-2023 SWORN BY THE RESPONDENT NO2/DEFACTO COMPLAINANT