Kerala High Court
Midhun Lal vs State Of Kerala on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
CRL.MC NO. 7891 OF 2023
AGAINST THE ORDER/JUDGMENT SC 461/2023 OF SPECIAL JUDICIAL
MAGISTRATE OF FIRST CLASS FOR TRIAL OF MARADU CASES,
KOZHIKODE
PETITIONERS/ACCUSED 1 TO 9:
1 MIDHUN LAL
AGED 29 YEARS, S/O VINODAN, MADATHIL MEETHAL ,
MORATH MEETHAL HOUSE, LATHA NIVAS, KODENCHERY,
KOZHIKODE, PIN - 673580
2 VINU
AGED 32 YEARS, S/O KANNAN, THEKKARAMATH HOUSE,
KODENCHERY, KOZHIKODE DISTRICT, PIN - 673580
3 VIJESH
AGED 25 YEARS, S/O NANU, VADAKKAYIL HOUSE,
KODENCHERY, KOZHIKODE DISTRICT, PIN - 673580
4 SASI
AGED 49 YEARS, S/O BALAN, THUNDIYIL HOUSE,
UMMATHOOR, KOZHIKODE, PIN - 670506
5 LINEESH
AGED 41 YEARS, S/O NANU, CHAMAPARAMBATHU HOUSE,
VISHNUMANGALAM, KOZHIKODE DISTRICT, PIN - 670506
6 NISHAD K.T
AGED 35 YEARS, S/O NANU, THOTTATHIL VEEDU,
NEELANDUMMAL AMSOM, CHUZHALI,
KOZHIKODE, PIN - 673502
7 NIKESH
AGED 35 YEARS, S/O NANU, MAVULLACHALIL HOUSE,
NEELANDUMMAL, CHUZHALI, KOZHIKODE, PIN - 673502
8 BALAKRISHNAN
AGED 35 YEARS, S/O KANARAN, NADUVILAKKANDI
HOUSE, EDACHERY NORTH, EDACHERY,
CRL. M.C. NO.7891 OF 2023
2
KOZHIKODE, PIN - 670502
9 MIDHUN K CHANDRAN
AGED 28 YEARS, UNNIYAMBRAM, LAKSHAMVEEDU
COLONY, KODENCHERY, KOZHIKODE, PIN - 673580
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
NADAPURAM POLICE STATION,
KOZHIKODE DISTRICT, PIN - 673504
3 ISMAYIL
AGED 58 YEARS, S/O AHAMMED, MULAYIL
THAZHAKUNI HOUSE, P.O. KODANCHERI,
VELLOOR AMSOM KODENCHERI DESOM, VATTAKARA
TALUK, KOZHIKODE DISTRICT, PIN - 673580
4 RASIYA
AGED 52 YEARS, W/O ISMAYIL, MULAYIL
THAZHAKUNI HOUSE, P.O. KODANCHERI, VELLOOR
AMSOM KODENCHERI DESOM, VATTAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673580
BY ADVS.
SRI. HRITCWICK CS PP, SRI. E. HARISH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL. M.C. NO.7891 OF 2023
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No. 7891 of 2023
----------------------------------------------
Dated this the 16th day of October, 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. The petitioners are the accused in S.C
No.461/2023 on the file of Special Judicial
Magistrate of First Class for Trial of Maradu Cases,
Kozhikode arising from Crime No.113/2015 of
Nadapuram Police Station, Kozhikode. The above
case was charge sheeted against the petitioners
alleging offences punishable under Sections
143,147,148,452,427,436,395,227,506 (ii) r/w 149
CRL. M.C. NO.7891 OF 2023
of IPC.
3. The prosecution case is that the
petitioners committed dacoity.
4. The learned counsel for the petitioners
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 victims in support of his contention. The
counsel appearing for the victims also submitted that
the matter is settled and the victims have no
objection in quashing the prosecution.
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
CRL. M.C. NO.7891 OF 2023
the petitioners, victims and the Public Prosecutor and
has also gone through the records including the
affidavit filed by the victims.
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:
"13. Considering the law on the point and the
other decisions of this Court on the point, referred
CRL. M.C. NO.7891 OF 2023
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.7891 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.7891 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 against the
petitioners in S.C. No.461/2023 on the file of
Special Judicial Magistrate of First Class for Trial of
Maradu Cases, Kozhikode arising from Crime
No.113/2015 of Nadapuram Police Station, are
quashed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
CRL. M.C. NO.7891 OF 2023
APPENDIX OF CRL.MC 7891/2023
PETITIONER ANNEXURES
ANNEXURE -A1 TRUE COPY OF THE FIR DATED
25.01.2015 IN CRIME NO.113/2015 OF
NADAPURAM POLICE STATION, KOZHIKODE
DISTRICT
ANNEXURE -A2 TRUE COPY OF THE FINAL REPORT DATED
31.10.2022 IN S.C. NO. 461/2023 OF
HON'BLE SPECIAL ADDL. DISTRICT AND
SESSIONS COURT (MARAD CASES)
KOZHIKODE IN CRIME NO. 113/2015 OF
NADAPURAM POLICE STATION, KOZHIKODE
ANNEXURE -A3 THE AFFIDAVIT EXECUTED BY THE 3RD
RESPONDENT DATED 16.09.2023
ANNEXURE -A4 THE AFFIDAVIT EXECUTED BY THE 4TH
RESPONDENT DATED 16.09.2023
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
