Kerala High Court
Immanuvel vs State Of Kerala on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
CRL.MC NO. 7734 OF 2023
AGAINST THE ORDER/JUDGMENT CC 615/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM
PETITIONER/S:
1 IMMANUVEL, AGED 68 YEARS
S/O THOMAS, T.C 8/1664-BN-128, PULLIKKAL HOUSE,
DURGA LANE, BAPPUJI NAGAR, PONGUMOODU, MEDICAL
COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011
2 DEEPU P IMMANUVEL, AGED 34 YEARS, S/O IMMANUVEL,
T.C 8/1664-BN-128, PULLIKKAL HOUSE, DURGA LANE,
BAPPUJI NAGAR, PONGUMOODU, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695011
BY ADV V.A.VINOD
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER, SREEKARYAM POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695017
3 NANDHAKUMAR, AGED 39 YEARS
S/O LATE SIVANKUTTY NAIR, TC 8/1673, BN 119,
KUZHIVILA VEEDU, DURGA LANE, BAPPUJI NAGAR,
PONGUMOODU, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695011
4 VISAKH M, AGED 29 YEARS
S/O MADHUSOODHANAN NAIR, BN 119 B, DURGA LANE,
BAPPUJI NAGAR, PONGUMOODU, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695011
BY ADV SUJESH KUMAR K P
OTHER PRESENT:
SRI.RENJITH.T.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.10.2023, ALONG WITH Crl.MC.7998/2023, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
-2-
Crl.M.C Nos. 7734 & 7998 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
CRL.MC NO. 7998 OF 2023
AGAINST THE ORDER/JUDGMENT CC 131/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM
PETITIONER/S:
1 NANDAKUMAR,AGED 39 YEARS
S/O SHIVANKUTTY NAIR, TC 8/1673, KUZHIVILLA
VEEDU, DURGA LANE, BAPUJI NAGAR, PONGUMMOODU,
SREEKARIAM, THIRUVANANTHAPURAM, PIN - 695017
2 VISAKH
AGED 29 YEARS
S/O MADHUSUDHANAN NAIRBN-119(A), VISAKH BHAVAN,
DURGA LANE, BAPUJI NAGAR, PONGUMMOODU,
SREEKARIAM, THIRUVANANTHAPURAM,, PIN - 695017
BY ADV K.P.SUJESH KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 EMMANUEL P.T, AGED 70 YEARS
S/O THOMAS, TC 8/1664, BN-128, DURGA LANE, BAPUJI
NAGAR, PONGUMMOODU, SREEKARIAM,
THIRUVANANTHAPURAM, PIN - 695011
3 DEEPU P. EMMANUEL, AGED 34 YEARS
S/O EMMANUEL P.T., TC 8/1664, BN-128, DURGA LANE,
BAPUJI NAGAR, PONGUMMOODU, SREEKARIAM,
THIRUVANANTHAPURAM, PIN - 695011
OTHER PRESENT:
SRI.RENJITH.T.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.10.2023, ALONG WITH Crl.MC.7734/2023, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
-3-
Crl.M.C Nos. 7734 & 7998 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
Crl.M.C Nos. 7734 & 7998 of 2023
=============================================================
Dated this the 19th day of October, 2023
ORDER
These two Crl.M.Cs are connected and therefore, I am disposing
of these two Crl.M.Cs by a common order.
2. Crl.M.C.No.7734 of 2023 is filed to quash the proceedings
in CC No.615 of 2023 on the file of the Judicial First Class Magistrate
Court-I, Thiruvananthapuram, arising from Crime No.2035 of 2019 of
Sreekariyam Police Station.
3. Crl.M.C.No.7998 of 2023 is filed to quash the proceedings
in CC No.131 of 2021 on the file of the Judicial First Class Magistrate
Court-I, Thiruvananthapuram, arising from Crime No.2033 of 2019 of
Sreekariyam Police Station.
4. It is submitted that these two cases are case and counter
case. 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
Crl.M.C Nos. 7734 & 7998 of 2023
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 the petitioner,
victims and the Public Prosecutor and has also gone through the
records including the affidavits 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
Crl.M.C Nos. 7734 & 7998 of 2023
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
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
Crl.M.C Nos. 7734 & 7998 of 2023
S.482 of the Code, on the ground that the parties
have resolved their entire dispute amongst
themselves. However, the High Court would not
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 Nos. 7734 & 7998 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, these Criminal Miscellaneous cases are allowed in
the following manner:
In Crl.M.C.No.7734 of 2023, all further proceedings in CC
No.615 of 2023 on the file of the Judicial First Class
Magistrate Court-I, Thiruvananthapuram, arising from
Crime No.2035 of 2019 of Sreekariyam Police Station, are
quashed.
In Crl.M.C.No.7998 of 2023, all further proceedings in CC
No.131 of 2021 on the file of the Judicial First Class
Magistrate Court-I, Thiruvananthapuram, arising from
Crime No.2033 of 2019 of Sreekariyam Police Station, are
quashed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
Crl.M.C Nos. 7734 & 7998 of 2023
APPENDIX OF CRL.MC 7998/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
2033/2019 OF SREEKARYAM POLICE STATION,
DATED 02/10/2019
Annexure A2 TRUE COPY OF THE FIR IN CRIME NO.
2035/2019 OF SREEKARYAM POLICE STATION,
DATED 02/10/2019
Annexure A3 CERTIFIED COPY OF THE CHARGE SHEET IN
CC NO. 131/2021 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-
I, THIRUVANANTHAPURAM DATED 16/10/2019
Annexure A4 AFFIDAVIT SWORN BY SECOND RESPONDENT
DATED 18/09/2023
Annexure A5 AFFIDAVIT SWORN BY THIRD RESPONDENT
DATED 18/09/2023
Crl.M.C Nos. 7734 & 7998 of 2023
APPENDIX OF CRL.MC 7734/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN
C.C NO 615/2023 PENDING ON THE FILES OF
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT - I, THIRUVANANTHAPURAM
Annexure A2 THE COPY OF THE AFFIDAVIT SWORN IN BY
THE 3RD RESPONDENT DATED 18.09.2023
Annexure A3 THE COPY OF THE AFFIDAVIT SWORN IN BY
THE 4TH RESPONDENT DATED 18.09.2023
