Kerala High Court
Vijay Paul vs State Of Kerala on 12 March, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940
Crl.MC.No. 1568 of 2019
CRIME NO. 1126/2018 OF POOVAR POLICE STATION,
THIRUVANANTHAPURAM(RURAL)
PETITIONERS/ACCUSED 1 TO 8:
1 VIJAY PAUL,
S/O.GEORGE, VIPANCHIKAYIL,PANCHIKKALA,
ARUMANOOR DESOM,POOVAR VILLAGE,
NEYYATTINKARA.
2 LEELA,
D/O PALAMMA, NEDIYAKALA KOTTARAKKUNNU VEEDU, POOVAR
VILLAGE, ARUMANOOR DESOM,
NEYYATTINKARA.
3 CHELLAN @ DAVIDSON,
S/O.AESAKH,D.S.BHAVAN, DHARBHAVILA PANCHIKKALA
ARUMANOOR,ARUMANOOR,
POOVAR,NEYYATTINKARA TALUK
4 ANIL @ ANILKUMAR,
S/O.YESAV,NEDIYAKALA,ARUMANOOR,
POOVAR,NEYYATTINKARA.
5 BABU @ YESUDANAM,
S/O.YESAV,VIJESH BHAVAN,NEYYATTINKARA TALUK.
6 SARAMMA,
W/O.CHELLAN @ DAVIDSON,
DS BHAVAN,DHARBHAVILA,PANACHIKKALA,
ARUMANOOR,POOVAR VILLAGE,NEYYATTINKARA TALUK.
7 RAJAN, S/O.NESAN, NEDIYAKALA KOTTARAKUNU VEEDU,
POOVAR, ARUMANOOR, NEYYATTINKARA.
8 SHEELA, W/O.ANIL@ANILKUMAR, NEDIYAKALA, ARUMANOOR,
POOVAR, NEYYATTINKARA.
Crl.M.C.Nos.1568 & 1603 of 2019
2
BY ADV. SRI.R.GOPAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
PIN-682031.
2 CIRCLE INSPECTOR OF POLICE
POOVAR POLICE STATION,
THIRUVANANTHAPURAM RURAL-695001.
3 NISHAMOL
W/O.SAJI, DHARBAVILA VEEDU,ANUMANOOR,
THIRUPURAM,NEYYATTINKARA-695121.
4 BINITHA
D/O.LEELA,KARTHIKA BHAVAN,KIZHAMGUNINNA
VILA,ARUMANOOR,POOVAR VILLAGE,
NEYYATTINKARA-695121.
5 MAITHEEN BEEVI
W/O.DINESH,BETHEL BHAVAN,PLAVUNINNAVILA,
ARUMANOOR,POOVAR VILLAGE,NEYYATTINKARA-695121.
BY ADV. SRI.SHAJIN S.HAMEED
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R-1 & R-2
SRI.SHAJIN S.HAMEED FOR R3 TO R5
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.03.2019, ALONG WITH Crl.MC.1603/2019, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.1568 & 1603 of 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940
Crl.MC.No. 1603 of 2019
CRIME NO. 1125/2018 OF POOVAR POLICE STATION ,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 TO 5
1 NIDHIN,
AGED 21 YEARS
S/O.DCINESH KUMAR, BETHEL BHAVAN, POOVAR,
THIRUVANANTHAPURAM.
2 SHAFEEK,
AGED 21 YEARS
S/O.SEYYADALI, INCHIPUTHIVILA VEEDU, POOVAR,
THIRUVANANTHAPURAM.
3 NISHAMOL,
AGED 29 YEARS
W/O.SASI, DHARBHAVIL VEEDU, ARUMANOOR, POOVAR,
THIRUVANANTHAPURAM
4 BIBITHA,
AGED 41 YEARS
W/O.JOHN, KARTHIKA BHAVAN, ARUMANOOR, POOVAR,
THIRUVANANTHAPURAM.
5 SHEEBA @ MYTHEEN BEEVI,
W/O.DINESH KUMAR, BETHEL BHAVAN, POOVAR,
THIRUVANANTHAPURAM
Crl.M.C.Nos.1568 & 1603 of 2019
4
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.
2 LEELA,
AGED 40 YEARS
D/O.PALAMMA, KOTTARAKUNNU VEEDU, NEDIYAKALA,
ARAMANOOR, POOVAR VILLAGE-695001
3 SARAMMA,
AGED 56 YEARS
D/O.KAMALA BAI, D.S.BHAVAN, DHARBHAVILA,
PANCHIKKALA, ARUMANOOR, POOVAR VILLAGE,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM-695001
4 VIJAY PAUL,
AGED 58 YEARS
S/O.GEORGE, VIPANCHIKAYIL, PANCHIKKALA, ARUMANOOR,
POOVAR VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM-695001
5 DAVIDSON,
AGED 63 YEARS
D.S.BHAVAN, DARBHAVILA, PANCHIKKALA, ARUMANOOR,
POOVAR VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM-695001.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SRI.R.GOPAN FOR R2 TO R5
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.03.2019, ALONG WITH Crl.MC.1568/2019, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.1568 & 1603 of 2019
5
ALEXANDER THOMAS, J.
===========================
Crl.M.C.Nos.1568 & 1603 of 2019
===========================
Dated this the 12th day of March, 2019
ORDER
The petitioners in Crl.M.C.No.1568/2019 are the eight accused in Crime No.1126/2018 of Poovar Police Station, which has been registered for offences punishable under Secs.143, 147, 148, 149, 294(b), 323, 324, 427 of IPC. The defacto complainant in respect of the said criminal proceedings is the 3rd respondent therein. It appears that a counter case has also been registered in respect of the related incident which had happened on the same day and the 2nd respondent in Crl.M.C.No.1603/2019 and four others have been arrayed as the five accused in Crime No.1125/2018 of Poovar Police Station for offences punishable under Secs. 143, 147, 148, 149, 294(b), 323, 326 & 34 of IPC.
2. The petitioners in Crl.M.C.No.1603/2019 are the said five accused in Crime No.1125/2018 and the 3 rd petitioner (Nishamol) is the 2nd respondent/defacto complainant in Crl.M.C.No. 1568/2019. Now it is stated that the parties have decided to settle all their disputes and thus they plead that their respective impugned criminal proceedings as against these Crl.M.C.Nos.1568 & 1603 of 2019 6 parties may be quashed on the ground of settlement arrived between them. The 3rd respondent/defacto complainant in Crl.M.C.No.1568/2019 and the other injured in regard to that crime had filed affidavits as per Annexures-B, C & D in that Crl.M.C evidencing the fact of settlement between the parties. The 3 rd respondent/defacto complainant in Crl.M.C.No.1603/2019 is the 6th petitioner in Crl.M.C.No.1568/2019. The said 3rd respondent/defacto complainant and R-4 & R-5 in Crl.M.C.No.1568/2019 are the petitioners 3, 4 & 5 in respect of the criminal proceedings in Crl.M.C.No.1603/2019. The said defacto complainants filed Annexures-B, C, D & E affidavits as produced in Crl.M.C.No.1603/2019, evidencing the fact of settlement between the parties.
3. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of Crl.M.C.Nos.1568 & 1603 of 2019 7 the settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.
4. Accordingly, it is ordered in the interest of justice that the plea of the petitioners in both the Crl.M.Cs for quashment of the impugned criminal proceedings on the ground of settlement could be considered. Hence, it is ordered that the impugned Annexure-A FIR in Crime No.1126/2018 of Poovar Police Station, Thiruvananthapuram (Rural) in Crl.M.C.No.1568/2019 and all further proceedings taken in pursuance thereof as against all the accused will stand quashed. Further it is ordered in the interest of justice that the impugned Annexure-A FIR in Crime No.1125/2018 of Poovar Police Station, Thiruvananthapuram (Rural) in Crl.M.C.No.1603/2019 and all further proceedings taken in pursuance thereof as against all the accused will stand quashed. Crl.M.C.Nos.1568 & 1603 of 2019 8 With these observations and directions, the above Criminal Miscellaneous Cases will stand finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE vgd/13.03.19 Crl.M.C.Nos.1568 & 1603 of 2019 9 APPENDIX OF Crl.MC 1568/2019 PETITIONER'S/S EXHIBITS:
ANNEXURE A COPY OF FIR IN CRIME NO.1126/2018 DATED 17.9.2018 PREPARED BY THE SUB INSPECTOR OF POLICE,POOVAR POLICE STATION.
ANNEXURE B AFFIDAVIT SWORN BY THE 3RD RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 16.1.2019.
ANNEXURE C AFFIDAVIT SWORN BY THE 4TH RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 16.1.2019.
ANNEXURE D AFFIDAVIT SWORN BY THE 5TH RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 16.1.2019.
Crl.M.C.Nos.1568 & 1603 of 2019 10 APPENDIX OF Crl.MC 1603/2019 PETITIONER'S/S EXHIBITS:
ANNEXURE-A ACTUAL COPY OF THE FIR IN CRIME NO.
1125/2018 PREPARED BY THE SUB INSPECTOR OF POLICE, POOVAR POLICE STATION DATED 17/9/2018 ANNEXURE-B AFFIDAVIT SWORN BY THE 2ND RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 16/1/2019 ANNEXURE-C AFFIDAVIT SWORN BY THE 3RD RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 16/2/2019 ANNEXURE-D AFFIDAVIT SWORN BY THE 4TH RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 16/2/2019 ANNEXURE-E AFFIDAVIT SWORN BY THE 5TH RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 16/2/2019