Kerala High Court
Mahesh Kumar vs State Of Kerala on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
CRL.MC NO. 5073 OF 2021
CRIME NO.987/2017 OF Hosdurg Police Station, Kasargod
IN CC 1154/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I,HOSDRUG
PETITIONERS/ACCUSED:
1 MAHESH KUMAR
AGED 23 YEARS
S/O.H.V.PRATHAP, PREM NIVAS, DEVAN LINK ROAD,
HOSDURG VILLAGE, HOSDURG TALUK, KASARAGOD
DISTRICT.
2 DIPESH, AGED 23 YEARS
S/O.SATHEESH, PARAMESHWARA NIVAS, DEVAN LINK ROAD,
HOSDURG VILLAGE, HOSDURG TALUK, KASARAGOD
DISTRICT.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM -682 031.
2 ABHIJITH, AGED 20 YEARS
S/O.SASIKUMAR, R/AT SADGAMAYA, KIZHAKKE
VELLIKKOTH, AJANUR VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT.678315
Crl.M.C.No5073/2021
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3 AMARNATH
AGED 20 YEARS
S/O.CHANDRAN, R/AT KARAKKUZHI HOUSE, KIZHAKKE
VELLIKKOTH, AJANUR VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT.678315
4 ABHISHEK
AGED 20 YEARS
S/O.BALAKRISHNAN, R/AT KUNNUMMAL HOUSE,
VELLIKKOTH, AJANUR VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT.678315
5 VIGNESH RAJ, AGED 20 YEARS
S/O.RAJESH, A.K.NIVAS, KANHANGAD SOUTH, KANHANGAD
VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-678315
6 SREECHAND KRISHNAN, AGED 20 YEARS
S/O.RADHAKRISHNAN, R/AT SINDOORAM, VELLIKKOTH,
AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD
DISTRICT6-78315
BY ADV VIPIN T JOSE R2-6
SMT. T.V. NEEMA SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.01.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No5073/2021
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ORDER
Dated this the 11th day of January, 2022
This Crl.M.C. has been preferred to quash Annexure A II
Final Report in Crime No. 987/2017 of Hosdurg Police Station
now pending as C.C.No.1154/2018 on the files of the Judicial
First Class Magistrate I, Hosdurg on the ground of settlement
between the parties.
2. The petitioners are the accused Nos. 1 and 2. The 2 nd
respondent is the defacto complainant. The remaining
respondents are the injured.
3. The offences alleged against the petitioners are under
Sections 143, 147, 148, 341, 323, 324 read with Section 149 of
IPC.
4. The respondent Nos. 2 to 6 entered appearance
through counsel. affidavits sworn in by them are also produced.
5. I have heard Sri. Arunkumar A, the learned counsel
for the petitioners, Sri. Vipin T. Jose, the learned counsel for the
Crl.M.C.No5073/2021
respondent Nos. 2 to 6 and Smt. T.V. Neema, the learned Public
Prosecutor.
6. The averments in the petition as well as the affidavit
sworn in by the respondent Nos. 2 to 6 would show that the
entire dispute between the parties has been amicably settled and
the de facto complainant has decided not to proceed with the
crime further. The learned Prosecutor, on instruction, submits
that the matter was enquired into through the investigating
officer and a statement of the de facto complainant was also
recorded wherein he reported that the matter was amicably
settled.
7. The Apex Court in Gian Singh v. State of Punjab
[2012 (4) KLT 108 (SC)], Narinder Singh and Others v. State
of Punjab and Others [(2014) 6 SCC 466] and in State of
Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5
SCC 688] has held that the High Court invoking S.482 of Cr.P.C
can quash criminal proceedings in relation to non compoundable
offence where the parties have settled the matter between
themselves notwithstanding the bar under S.320 of Cr.P.C. if it is
Crl.M.C.No5073/2021
warranted in the given facts and circumstances of the case or to
ensure ends of justice or to prevent abuse of process of any
Court.
8. The dispute in the above case is purely personal in
nature. No public interest or harmony will be adversely affected
by quashing the proceedings pursuant to Annexure AII. The
offences in question do not fall within the category of offences
prohibited for compounding in terms of the pronouncement of the
Apex Court in Gian Singh (supra), Narinder Singh (supra) and
Laxmi Narayan (supra).
For the reasons stated above, I am of the view that no
purpose will be served in proceeding with the matter further.
Accordingly, the Crl.M.C. is allowed. Annexure A II Final Report
in Crime No. 987/2017 of Hosdurg Police Station now pending as
C.C.No.1154/2018 on the files of the Judicial First Class
Magistrate I, Hosdurg stands hereby quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
Crl.M.C.No5073/2021
APPENDIX OF CRL.MC 5073/2021
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R. IN CRIME
NO.987 OF 2017 OF HOSDURG POLICE
STATION.
Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.987 OF 20176 OF HOSDURG POLICE
STATION.
Annexure AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 2ND RESPONDENT DATED 16/10/2021.
Annexure AIV A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENT DATED 16/10/2021.
Annexure AV A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 4TH RESPONDENT DATED 16/10/2021.
Annexure AVI A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 5TH RESPONDENT DATED 16/10/2021.
Annexure AVII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 6TH RESPONDENT DATED 16/10/2021.
Annexure AVIII CERTIFIED COPY OF THE JUDGMENT DATED
07/02/2019 IN C.C.NO.100 OF 2019 OF THE
JUVENILE JUSTICE BOARD, KASARAGOD.
