Kerala High Court
Muhammed Kunhi P.M vs State Of Kerala on 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023/17TH KARTHIKA, 1945
CRL.MC NO. 8718 OF 2023
CRIME NO.642/2021 OF Bekal Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT CC 904/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONER/S:
MUHAMMED KUNHI P.M, AGED 40 YEARS
SON OF HASSAINAR P.M, RESIDING AT HAKKEEM DAVOOD
SAMEER MANZIL, NAALAMVATHUKKAL, NEAR FRIENDS
SPORTS CLUB, BARA VILLAGE AND POST, HOSDURG
TALUK, KASARAGOD DISTRICT, PIN - 671319
BY ADVS.
T.MADHU
C.R.SARADAMANI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER, BAKEL POLICE STATION,
KASARAGOD DISTRICT, PIN - 671318
3 ABDULLA KUNHI M, AGED 69 YEARS
S/O.MOHAMMED KUNJI, RESIDING AT YASSIN MANZIL,
KOTTIKULAM, KODI ROAD, BAKEL POST, KOTTIKULAM
VILLAGE, KASARAGOD DISTRICT, PIN - 671318
OTHER PRESENT:
SRI MP PRASANTH , PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 08.11.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
-2-
Crl.M.C No. 8718 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
Crl.M.C No. 8718 of 2023
=============================================================
Dated this the 8th day of November, 2023
ORDER
This Criminal Miscellaneous Case is filed under Section 482 of
the Code of Criminal Procedure, 1973 ("the Code" for the sake of
brevity).
2. Petitioner is the accused in LP No.136 of 2022 arising from
CC No.904 of 2021 on the file of the Judicial First Class Magistrate
Court -II, Hosdurg (Crime No.642 of 2021 of Bekal Police Station,
Kasaragod). The above case is charge sheeted alleging offence
punishable under Section 380 IPC.
3. The prosecution case is that the accused committed theft.
4. The learned counsel for the petitioner submits that the parties
have settled their dispute and do not wish to pursue the prosecution
proceedings. The counsel relies on the affidavit filed by the victim in
support of his contention. The counsel appearing for the victim also
submitted that the matter is settled and the victim has no objection in
quashing the prosecution.
Crl.M.C No. 8718 of 2023
5. The learned Public Prosecutor, on instructions, has expressed
reservations about quashing the proceedings solely on the basis of the
settlement. But the Public Prosecutor conceded that the matter is
settled between the parties.
6. This Court has considered the submission of the petitioner,
victim and the Public Prosecutor and has also gone through the
records including the affidavit filed by the victim.
7. In State of Madhya Pradesh v Laxmi Narayan and Others
(2019 (5) SCC 688), three judge bench of the Hon'ble Supreme Court
has summarized the situation in which non compoundable offences
can be quashed invoking the powers under Section 482 of the Code.
The apex court in Laxmi Narayan's case (supra) also relied on the law
laid down in Gian Singh v. State of Punjab and another (2012 (10)
SCC 303) and Narinder Singh and others v. State of Punjab and
another (2014 (6) SCC 466). The apex court in paragraph 13 of the
Laxmi Narayan's case discussed the law in detail and the same is
extracted hereunder:
Crl.M.C No. 8718 of 2023
"13. Considering the law on the point and the
other decisions of this Court on the point, referred
to herein above, it is observed and held as under:
i) that the power conferred under S.482 of the
Code to quash the criminal proceedings for the
non - compoundable offences under S.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;
ii) 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;
iii) similarly, such power is not to be exercised for
the offences under the special statutes like
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;
iv) offences under S.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 S.307 IPC and / or the Arms Act
etc. which have a serious impact on the society
cannot be quashed in exercise of powers under
S.482 of the Code, on the ground that the parties
have resolved their entire dispute amongst
themselves. However, the High Court would not
Crl.M.C No. 8718 of 2023
rest its decision merely because there is a mention
of S.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
S.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 S.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 / delegate 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 paragraphs
29.6 and 29.7 of the decision of this Court in the
case of Narinder Singh (supra) should be read
harmoniously and to be read as a whole and in the
circumstances stated herein above;
v) while exercising the power under S.482 of the
Code to quash the criminal proceedings in respect
of non- compoundable offences, which are private
in nature and do not have a serious impart 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."
Crl.M.C No. 8718 of 2023
8. Keeping in mind the above dictum laid down by the apex
court, this court perused the facts in this case and also perused the
documents produced by the parties. After going through the entire
facts and circumstances I am of the considered opinion that the dispute
is private in nature and the settlement can be accepted.
Therefore, this Criminal Miscellaneous case is allowed. All
further proceedings as against the petitioner in LP No.136 of 2022
arising from CC No.904 of 2021 on the file of the Judicial First Class
Magistrate Court -II, Hosdurg (Crime No.642 of 2021 of Bekal Police
Station, Kasaragod), are quashed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
Crl.M.C No. 8718 of 2023
APPENDIX OF CRL.MC 8718/2023
PETITIONER ANNEXURES
Annexure-A1 THE CERTIFIED COPY OF THE FIR DATED
18/8/2021 IN CRIME NO.642/2021 OF BEKAL
POLICE STATION
Annexure-A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 31/8/2021 IN CRIME NO.642/2021 OF
BAKEL POLICE STATION
Annexure-A3 THE TRUE COPY OF THE AGREEMENT DATED
23/11/2021 EXECUTED BETWEEN THE
PETITIONER AND THE DAUGHTER OF THE
THIRD RESPONDENT
Annexure-A4 THE AFFIDAVIT DATED 27/9/2023 SWORN IN
BY THE THIRD RESPONDENT
