Kerala High Court
Biju vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
CRL.MC NO. 7402 OF 2022
AGAINST THE ORDER/JUDGMENT CC 279/2016 OF JUDL. MAGISTRATE
OF FIRST CLASS, KOTHAMANGALAM
PETITIONER/S:
1 BIJU, AGED 50 YEARS, CHALIL HOUSE, NORTH
PUNNAMATTOM, KADAVOOR P.0., KADAVOOR VILLAGE,
ERNAKULAM DISTRICT., PIN - 686671
2 BENNY, AGED 54 YEARS, CHALIL HOUSE, NORTH
PUNNAMATTOM, KIDAVOOR. P. O, KADAVOOR VILLAGE,,
ERNAKULAM., PIN - 686671
3 SILVY, AGED 48 YEARS, CHALIL HOUSE, NORTH
PUNNAMATTOM, KIDAVOOR. P. O, KADAVOOR VILLAGE,,
ERNAKULAM., PIN - 686671
4 ELSY, AGED 53 YEARS, CHALIL HOUSE, NORTH
PUNNAMATTOM, KIDAVOOR. P. O, KADAVOOR VILLAGE,,
ERNAKULAM., PIN - 686671
BY ADVS.
E.G.GORDEN
V.M.MARY HARSHA
S.K.KRISHNAKUMAR
RESPONDENT/S:
1 STATE OF KERALA
STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.,
PIN - 682031
2 JOHN, AGED 43 YEARS, S/O. MATHAI, CHALIL HOUSE,
NORTH PUNNAMATTOM, KADAVOOR P.O,, KADAVOOR
VILLAGE, ERNAKULAM DISTRICT., PIN - 686671
OTHER PRESENT:
RENJITH T.R PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 18.09.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
-2-
Crl.M.C No. 7402 of 2022
P.V.KUNHIKRISHNAN, J.
======================================================
Crl.M.C No.7402 of 2022
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Dated this the 18th day of September, 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. Petitioners are the accused in CC No.279 of 2016 on the file
of the Judicial First Class Magistrate Court-II, Kothamangalam arising
from Crime No.249 of 2016 of Pothanikkad police station. The above
case is charge sheeted alleging offences punishable under Sections
323, 324 read with 34 IPC.
3. The prosecution case is that the on 24.03.2016 at about 10 pm
accused assaulted the de facto complainant, while he was sleeping in
the house and he sustained injuries.
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 victim in
support of his contention. The counsel appearing for the victim also
Crl.M.C No. 7402 of 2022
submitted that the matter is settled and the victim has 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,
victim/s 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
Crl.M.C No. 7402 of 2022
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
Crl.M.C No. 7402 of 2022
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
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
Crl.M.C No. 7402 of 2022
had managed with the complainant to enter into a
compromise etc."
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 in CC No.279 of 2016 on the file of the Judicial
First Class Magistrate Court-II, Kothamangalam arising from Crime
No.249 of 2016 of Pothanikkad police station, as against the
petitioners, are quashed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
Crl.M.C No. 7402 of 2022
APPENDIX OF CRL.MC 7402/2022
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE F.I.R AND THE F.I.
STATEMENT DATED 26.03.2016 IN CRIME NO.
249 OF 2016 OF POTHANIKKAD POLICE
STATION.
Annexure A2 A TRUE COPY OF THE AFORESAID FINAL
REPORT IN CRIME NO. 249 OF 2016 OF
POTHANIKKADU POLICE STATION
Annexure A3 A TRUE COPY OF THE AFFIDAVIT SWORN TO
BEFORE THE NOTARY.
