Kerala High Court

Nibu Tom Sabu vs State Of Kerala on 10 October, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
                        CRL.MC NO. 5164 OF 2023
PETITIONER/ACCUSED:

    1     THOMAS M PAUL, AGED 20 YEARS
          MATHOMPARA, THULAPPALLY, NELLIMALA, PAMPAVALLEY,
          KOLLAMULA VILLAGE, RANNI TALUK, PIN - 686510
    2     ANNIE MARY PAUL, AGED 24 YEARS, D/O M T PAUL,
          MATHOMPARA, THULAPPALLY, NELLIMALA, PAMPAVALLEY,
          KOLLAMULA VILLAGE, RANNI TALUK, PIN - 686510
          BY ADVS.
          ANANDHU SATHEESH
          V.G.SURESH
          SREEDEVI S.


RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER, PAMPA POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689662 3 BIGI SABU, AGED 49 YEARS W/O SABU ABRAHAM, KAVUNKAL HOUSE, THULAPPALLY PO, KOLLAMULA VILLAGE, RANNI TALUK, PATHANAMTHITTA, PIN - 686510 4 NIBU TOM SABU, AGED 20 YEARS, S/O SABU ABRAHAM, KAVUNKAL HOUSE, THULAPPALLY PO, KOLLAMULA VILLAGE, RANNI TALUK, PATHANAMTHITTA, PIN - 686510 BY ADV PUBLIC PROSECUTOR

SRI G. SUDHEER (SR PP) SMT. DRISYA DILEEP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2023, ALONG WITH Crl.MC.5174/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945 CRL.MC NO. 5174 OF 2023 PETITIONER/ACCUSED NOS.1 AND 2:

1 NIBU TOM SABU, AGED 20 YEARS KAVUNKAL HOUSE, THULAPPALLY PO, KOLLAMULA VILLAGE, RANNI TALUK, PATHANAMTHITTA, PIN - 686510 2 BIGI SABU, AGED 49 YEARS W/O SABU ABRAHAM, KAVUNKAL HOUSE, THULAPPALLY PO, KOLLAMULA VILLAGE, RANNI TALUK, PATHANAMTHITTA, PIN - 686510 BY ADVS.

DRISYA DILEEP ABIYA MARIYAM MATHEW CHINCHU.T.

RESPONDENT/STATE AND DE FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER, PAMPA POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689662 3 THOMAS M PAUL, AGED 20 YEARS S/O M T PAUL, MATHOMPARA, THULAPPALLY, NELLIMALA, PAMPAVALLEY, KOLLAMULA VILLAGE, RANNI TALUK, PIN - 686510 4 ANNIE MARY PAUL, AGED 24 YEARS, D/O M T PAUL, MATHOMPARA, THULAPPALLY, NELLIMALA, PAMPAVALLEY, KOLLAMULA VILLAGE, RANNI TALUK, PIN - 686510 BY ADV . G. SUDHEER ,PUBLIC PROSECUTOR SMT.SREEDEVI S.

SHRI.ANANDHU SATHEESH SHRI.V.G.SURESH-S

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2023, ALONG WITH Crl.MC.5164/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

[Crl.MC Nos.5164/2023, 5174/2023]

Petitioners in Crl.M.C. No.5174 of 2023 are the accused in

Crime No.23/2023 of Pampa police station, Pathanamthitta

district, alleging commission of offences punishable under

Sections 341, 294(b), 323, 324, 326 r/w. 34 of the Indian Penal

Code. Petitioners in Crl.M.C. No.5164 of 2023 are the accused

in Crime No.24/2023 of Pampa police station, Pathanamthitta

district, alleging commission of offences punishable under

Sections 341, 294(b), 323 r/w. 34 of the Indian Penal Code. The

de facto complainants in Crime No.23/2023 of Pampa police

station are the accused in Crime No.24/2023 of Pampa police

station and the de facto complainants in Crime No.24/2023 of

Pampa police station are the accused in Crime No.23/2023 of

the very same police station.

2. Learned counsel appearing for the petitioners in both

the cases would submit that all issues between the petitioners

and the de facto complainants have been settled and the de facto

complainants in both the cases do not wish to continue with the

prosecution against the accused in respective cases (in Crime

No. Crime Nos.23 and 24 of 2023 of Pampa police station).

Reference is made in this regard to Annexures- A2 and A3

affidavits executed by the respective de facto complainants in

respective cases.

3. Learned Public Prosecutor and the learned counsel

appearing for the de facto complainants in the respective cases

would confirm that the entire issues between the petitioners and

the de facto complainants in these cases have been settled and

the de facto complainants do not wish to continue with the

prosecution in any manner.

4. Learned Public Prosecutor submits that while the

entire issues between the petitioners in these cases and the

respective de facto complainants have been settled, investigation

has been completed in both the cases and final reports have been

filed and Crime No.23 of 2023 of Pampa police station is now

pending as C.C. No.375 of 2023 on the file of the Judicial First

Class Magistrate Court, Ranni, while Crime No.24 of 2023 of the

said police station is pending as C.C. No.396 of 2023 on the file

of the very same Court.

5. Having heard the learned counsel for the petitioners

in both the cases, the learned Public Prosecutor and the learned

counsel for the defacto complainants in both the cases, 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 of jurisdiction under Section 482 of the Cr.P.C to

quash criminal proceedings in respect of non-compoundable

offences is 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. In these cases,

the nature of the offences do 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 petitioners in these cases. It is unlikely

that the State will be able to successfully prosecute the case

against the petitioners . In that view of the matter, I am of the

view that these are fit cases where the jurisdiction of this Court

under Section 482 of Cr.P.C. can be invoked to quash the

proceedings against the petitioners in the cases on the ground of

settlement.

Accordingly, Crl.M.C. No.5164 and Crl.M.C.No. 5174 of

2023 are allowed. All further proceedings in C.C. No.375/2023

on the files the Judicial First Class Magistrate Court, Ranni

(arising out of Crime No.23/2023 of Pampa Police Station,

Pathanamthitta District), will stand quashed as against the

petitioners in Crl.M.C. No.5174/2023. Also, all further

proceedings in C.C. No.396/2023 on the files the Judicial First

Class Magistrate Court, Ranni (arising out of Crime No.24/2023

of Pampa Police Station, Pathanamthitta District), will stand

quashed as against the petitioners in Crl.M.C. No.5164 of 2023.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 5174/2023

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR DATED 03/03/2023 IN CRIME NO. 23/2023 OF PAMPA POLICE STATION Annexure A2 THE AFFIDAVIT SWORN IN BY RESPONDENT NO.3 DATED 27/06/2023 Annexure A3 THE AFFIDAVIT SWORN IN BY RESPONDENT NO.4 DATED 27/06/2023

APPENDIX OF CRL.MC 5164/2023

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR DATED 03/03/2023 IN CRIME NO. 24/2023 OF PAMPA POLICE STATION Annexure A2 THE AFFIDAVIT SWORN IN BY RESPONDENT NO.3 DATED 27/06/2023 Annexure A3 THE AFFIDAVIT SWORN IN BY RESPONDENT NO.4 DATED 27/06/2023