Full Judgment
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941 Crl.MC.No.3353 OF 2018 AGAINST THE ORDER/JUDGMENT IN CC 2288/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA CRIME NO.862/2016 OF Kodakara Police Station , Thrissur PETITIONER/ACCUSED: KEERTHANA AGED 22 YEARS, D/O.R.S.MENON, PAYYAKKAL HOUSE, MANAKKALAPPADI DESOM, KONATHUKUNNU, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.AJEESH K.SASI SRI.C.JAYAKIRAN SMT.MITHA SUDHINDRAN SMT.POOJA PANKAJ SRI.P.M.RAFIQ SRI.M.REVIKRISHNAN SRI.V.C.SARATH SRI.VIPIN NARAYAN RESPONDENTS/DEFACTO COMPLAINANT & STATE: 1 ROOPAK AGED 21 YEARS, S/O.SUBRAMANYAN, AYINIKKAL VEEDU, NELLAYI VILLAGE, NELLAYI DESOM, THRISSUR DISTRICT, PIN -680 305. ..2.. 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682031. R1 BY ADV. SRI.S.K.ADHITHYAN R1 BY ADV. SRI.P.MOHANDAS ERNAKULAM R1 BY ADV. SRI.MUHAMMED IBRAHIM ABDUL SAMAD R1 BY ADV. DR.K.P.SATHEESAN SR. R1 BY ADV. SRI.SABU PULLAN R1 BY ADV. SRI.K.SUDHINKUMAR R1 BY ADV. SRI.S.VIBHEESHANAN OTHER PRESENT: SRI.T.R.RENJITH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.09.2019, ALONG WITH Crl.MC.4518/2018, Crl.MC.4321/2019(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941 Crl.MC.No.4518 OF 2018 AGAINST THE ORDER/JUDGMENT IN SC 1086/2017 OF DISTRICT COURT & SESSIONS COURT,THRISSUR CRIME NO.421/2015 OF Irinjalakuda Police Station , Thrissur PETITIONER/FIRST ACCUSED: ROOPAK AGED 22 YEARS,S/O.SUBRAMANIAN, AYINIKKATTIL HOUSE, NELLAYI, THRISSUR DISTRICT, PIN -680 305. BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.S.K.ADHITHYAN SRI.P.MOHANDAS (ERNAKULAM) SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN SRI.K.SUDHINKUMAR SRI.S.VIBHEESHANAN RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682031. ..4..
2 THE SUB INSPECTOR OF POLICE, IRINJALAKKUDA POLICE STATION, IRINJALAKKUDA , THRISSUR - 680 121 3 KEERTHANA, PAYYAKKAL HOUSE, MANAKKALAPADY, THEKKUMKARA, KONATHUKUNNU P.O., THRISSUR - 680 123 R1 AND R2 BY SRI.T.R.RENJITH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.09.2019, ALONG WITH Crl.MC.3353/2018, Crl.MC.4321/2019(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941 Crl.MC.No.4321 OF 2019(A) AGAINST THE ORDER/JUDGMENT IN SC 1086/2017 OF DISTRICT & SESSIONS COURT,THRISSUR CRIME NO.421/2015 OF Irinjalakuda Police Station , Thrissur PETITIONERS/ACCUSED 3 TO 8:
1 YADHU PRAKASH AGED 23 YEARS S/O.PRAKASAN, KARAYIL VEEDU, KAVIL DESOM, KODAKARA, THRISSUR DISTRICT. 2 PRANAV AGED 23 YEARS S/O.PAUL, MANJOORAN VEEDU, KOODAPUZHA, CHALAKUDY, THRISSUR. 3 EDWIN AGED 24 YEARS S/O.JOY, MALIYEKKAL VEEDU, KAVIL DESOM, KODAKARA, THRISSUR 4 SHARON AGED 25 YEARS S/O.SHANMUGHAN, KARIYADAN VEEDU, NAYARANGADI, ELINJIPRA, THRISSUR ..6..
5 UNNIKRISHNAN AGED 24 YEARS S/O.ASOKAN, VADAKKOODAN VEEDU, KAVIL DESOM, KODAKARA, THRISSUR. 6 SOORAJ AGED 24 YEARS S/O.VIJESH KUMAR, AISWARYA HOUSE, KAVIL DESOM, KODAKARA, THRISSUR. BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.S.K.ADHITHYAN SRI.SABU PULLAN RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031 2 THE SUB INSPECTOR OF POLICE IRINJALAKUDA POLICE STATION, IRINJALAKUDA, THRISUR-680121 3 KEERTHANA PAYYAKKAL HOUSE, MANAKKALAPADY, THEKKUMKARA, KONATHUKUNNU.P.O., THRISSUR-680123 4 *JIJO AGED 27 YEARS, S/O GEORGE ALAPPAT, MADATHIL HOUSE, KODAKARA, PANTHALOOR, THRISSUR DISTRICT 680 684 *ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 30.09.2019 IN CRL.M.A.NO.3 OF 2019 IN CRL.M.C.NO.4321 OF 2019 R1 AND R2 BY SRI.T.R.RENJITH, PUBLIC PROSECUTOR R3 BY SRI REVIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 30.09.2019, ALONG WITH Crl.MC.3353/2018, Crl.MC.4518/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..7..
ALEXANDER THOMAS, J.
------------------------------------------- --------------------------------------------- Dated this the 30th day of September, 2019
ORDER
The petitioner in Crl.M.C.No. 3353 of 2018 is a young woman, aged 22 years, arrayed as accused in C.C.No.2288 of 2016 on the file of the Judicial First Class Magistrate's Court, Irinjalakkuda for offences punishable under Sections 447, 323, 294(b), 506(i) read with Section 34 of the Indian Penal Code pursuant to the registration of Crime No.862 of 2016 of Kodakara Police Station, Thrissur District for the above said offences. Further factual aspects projected in the Crl.M.C.No.3353 of 2018 are as follows:- On 23.03.2015 at about 16.30 hrs. accused No.2 in the crime, who is the brother of the accused/petitioner herein allegedly trespassed into the courtyard of the house of the 1 st respondent and after abusing him, allegedly assaulted him. The motive for the ..8.. occurrence, according to the prosecution is that the petitioner herein allegedly backed away from a love affair which she had with the 1st respondent, which when was questioned by the first
respondent, infuriated the accused. The allegation against the petitioner is only that she acted in common intention with the 2 nd accused in perpetrating the crime. There is no specific overt act whatsoever attributed against her. It is alleged that pursuant to the altercation which the 1st respondent had with the 2nd accused in the instant crime on 23.03.2015, at about 6.30 pm, on the same day, the 1st respondent herein along with others came in motor bikes armed with weapons and trespassed into the house of the petitioner herein and the 2nd accused in the instant crime. They have unleashed acts of violence against the inmates of the house resulting in serious injuries to them as well. Crime NO.421 of 2015 of Irinjalakuda Police Station, Thrissur District got registered in connection with the incident aforesaid in which the petitioner and the members of her house were assaulted by the 1 st respondent promptly on the next day of the occurrence (24.03.2015 itself). The Police after due investigation into the crime, laid the final
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report in the matter indicting the 1st respondent herein and others as accused for offences punishable under Sections 143, 147, 148, 452, 506(ii), 323, 324,427, 308 read with Section 149 of Indian Penal Code. The above crime was charge sheeted on 21.12.2015, the same was taken on file by the Court of the Judicial Magistrate of the First Class, Irinjalakuda as C.P.No.3 of 2016. Apparently, to make a defence in the prosecution instituted against the 1 st respondent vide Annexure C and D he would initiate the present prosecution against the petitioner and her brother after more than an year of the occurrence for which he is being prosecuted along with others via a private complaint in the year 2016, which got referred to the Kodakara Police resulting in the registration of
Annexure A crime. It is pointed out that the brother of the petitioner, who was arrayed as the 2nd accused in the instant crime, which is assailed in the present Crl. M.C., was a juvenile in conflict with law at the time of commission of the offence and as such on the petition of the petitioner seeking a further investigation in the matter, the Police was pleased to submit a report before the Jurisdictional Magistrate requesting for permission to send the
..10.. case as against the brother of the petitioner to the Juvenile Court for further proceedings. As such now the petitioner faces indictment in the proceedings which is sought to be prematurely terminated through this Criminal M.C. In the light of these averments and contentions that the petitoner has filed Crl.M.C.No.3353 of 2018 seeking the quashment of impugned criminal proceedings in C.C.No.2288 of 2016 on the file of the Judicial First Class Magistrate Court, Irinjalakkuda.
2. The sole petitioner in Crl.M.C.No.4518of 2018 is the
first accused in C.C.No.2288 of 2016 on the file of the Judicial First Class Magistrate Court, Irinjalakkuda, which is the subject matter of above referred Crl.M.C.No.3353 of 2018, is the first accused in S.C.No.1086 of 2017 on the file Sessions Court, Thrissur. The petitioners in Crl.M.C.No.4321 of 2019 are accused 3 to 8 in S.C.No.1086 of 2017 on the file of the Sessions Court, Thrissur. The 2nd accused in S.C. No.1086 of 2017 is impleaded as additional 4th respondent in Crl.M.C. No.4321 of 2019. S.C. No.1086 of 2017 on the file of the Sessions Court, Thrissur is registered pursuant to Crime No.421 of 2015 of Irinjalakuda Police
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Station initiated on the basis of the FI statement given by the third respondent (Keerthana), who is none other than the petitioner in Crl.M.C.No.3353 of 2018 and the injured in Crime No.421 of 2015. The defacto complainant in crime No.421 of 2015 of Irinjalakkuda Police Station, who is the brother of the injured, was a juvenile at the time of alleged incident, and he is the 2 nd accused in Crime No.862 of 2016 of Kodakara Police Station. S.C.No.1086 of 2017 on the file of the Sessions Court, Thrissur and C.C.No.2286 of 2016 on the file of the JFCM Court, Irinjalakuda are case and counter case.
The facts projected in Crl.M.C.No.4518 of 2018 and Crl.M.C.No.4321 of 2019 are as follows:- The petitioners are the accused in crime No.421 of 2015 of
Irinjalakuda Police Station registered on 24.03.2015. The crime is registered alleging commission of the offences under Section 143, 147, 148, 152, 506(ii), 323, 324, 427, 308 read with 149 I.P.C. The first accused and the 3rd respondent were studying at Tharanellur College, Irinjalakuda. The first accused was studying in BBA class and the 3rd respondent in B Com class. They were in love. The 3 rd respondent retracted from the love and thereupon some scuffle
..12.. occurred in the college. On 23.03.2015 evening the 3 rd respondent and her brother came to the house of the first accused and attacked
him. Thereupon police registered a crime against them. In order
to retaliate the same the 2nd respondent filed a false complaint alleging that the first accused and his companions came to their house and caused damages. It is on the basis of the said allegation, the crime is registered. In the light of these averments and contentions that the petitioners have filed Crl.M.C.No.4518 of 2018 and Crl.M.C.No.4321 of 2019 seeking the quashment of impugned criminal proceedings in S.C.No.1086 of 2017 on the file of the District and Sessions Court, Thrissur.
4. It is now submitted by Sri.M.Ravikrishnan, the learned
counsel appearing for the petitioner in Crl.M.C.No.3353 of 2015 as well as respondent No.3 in Crl.M.C.No.4231 of 2019 and 4518 of 2018; and Sri.P.Mohan Das, the learned counsel appearing for the petitioners in Crl.M.C.No.4321 of 2019 and 4518 of 2018 as well as for the first respondent in Crl.M.C. No.3353 of 2018 that the above said disputes arose between the parties on account of a failed love affair between the above referred Keerthana and Roopak and that
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the above said crimes were registered only on account of an aftermath of the disputes between the parties, which also led to certain incidents involving the brother of Keerthana, who was juvenile at that time. Now, it is pointed out by both sides that Keerthana is now settled abroad and that both sides do not want to prosecute the matter any further and they have arrived at a settlement and this Court may quash the impugned criminal proceedings on the ground of settlement. As it appears that the respective crimes, from which the impugned criminal proceedings are generated, arose on account of disputes between the above said Keerthana and Roopak after failure in their love affair and since the parties have decided to have a decent burial to their respective disputes, this Court is of the considered view that the prayer for settlement of the impugned proceedings would be considered.
5. In a catena of decisions, the Apex Court has held that,
in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not ..14..
serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the
affidavit of settlement and taking into account the attendant facts
and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.
6. Accordingly, it is ordered in Crl.M.C.Nos.3353 of 2018
that proceedings in C.C.No.2288 of 2016 on the file of the Judicial First Class Magistrate Court, Irinjalakuda and all further proceedings taken in pursuance thereof will stand quashed. So also, it is ordered in Crl.M.C.No.4518 of 2018 and 4321 of 2019 ..15.. that further proceedings in S.C.No.108 of 2017 on the file of District & Sessions Court, Thrissur will stand quashed and all further proceedings taken in pursuance thereof will stand quashed.
7. The respective petitioners will produce respective
certified copies of this order before the respective Investigating Officers concerned and before the respective trial courts concerned which have dealt with these cases. The office of the Advocate General will forward copy of this order to the Investigating Officers concerned for information.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of. Sd/- ALEXANDER THOMAS JUDGE kkj ..16.. APPENDIX OF Crl.MC 3353/2018 PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.862/2016 OF KODAKARA POLICE STATION, THRISSUR DISTRICT. ANNEXURE B TRUE COPY OF THE FINAL REPORT IN CRIME NO.862/2016 OF KODAKARA POLICE STATION, THRISSUR DISTRICT. ANNEXURE C TRUE COPY OF THE FIR IN CRIME
NO.421/2015 OF IRINJALAKKUDA POLICE STATION, THRISSUR DISTRICT ALONG WITH THE FIRST INFORMATION STATEMENT GIVEN BY THE BROTHER OF THE PETITIONER HEREIN. ANNEXURE D TRUE COPY OF THE FINAL REPORT IN CRIME NO.421/2015 OF IRINJALAKKUDA POLICE STATION, THRISSUR DISTRICT. ANNEXURE E TRUE COPY OF THE PETITION PREFERRED BY THE PETITIONER HEREIN BEFORE THE DISTRICT POLICE CHIEF, THRISSUR SEEKING A FURTHER INVESTIGATION IN THE MATTER. ANNEXURE F TRUE COPY OF THE REPORT SUBMITTED BY THE KODAKARA POLICE BEFORE THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, IRINJALAKKUDA SEEKING TO HAVE THE PROCEEDINGS IN THE INSTANT CRIME AS AGAINST THE 2ND ACCUSED TRANSFERRED TO THE JUVENILE COURT. ..17..
APPENDIX OF Crl.MC 4321/2019 PETITIONER'S/S EXHIBITS: ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT FILED BY HE 2ND RESPONDENT IN S.C.NO.1086/2017 DATED 21.12.2015 PENDING BEFORE THE DISTRICT AND SESSIONS COURT, THRISSUR ANNEXURE II TRUE COPY OF THE FIR REGISTERED BY THE 2ND RESPONDENT AS CRIME NO.421/2015 DATED 24.03.2015 OF IRINJALAKUDA POLICE STATION