Kerala High Court
Nomi vs State Of Kerala on 4 February, 2025
2025:KER:9675
CRL.MC NO. 9067 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946
CRL.MC NO. 9067 OF 2024
Attingal Police Station, Thiruvananthapuram
CRIME NO.961/2013 OF 2013
CC NO.1958 OF 2013 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I,ATTINGAL
PETITIONER(S)/ACCUSED 1 TO 7:
1 NOMI
AGED 39 YEARS
S/O PRASANNAN, LAIJU BHAVAN OORUPOIKA, EDAKODE
VILLAGE THIRUVANANTHAPURAM, PIN - 695104
2 MANU
AGED 34 YEARS
S/O MOHANAN, KADUVAYILKATTUVILA HOUSE ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695101
3 SURESH BABU@ BABU
AGED 46 YEARS
S/O SREEDHARAN, KADUVAYILCHERUVILAPUTHEN VEEDU
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
4 ARUN @ GOPI
AGED 31 YEARS
S/O ASHOKAN, KOLLAYILTHOPPUVILA VEEDU PALACE
ROAD, ATTINGAL, THIRUVANANTHAPURAM, PIN -
695101
5 JUBIN
AGED 31 YEARS
S/O JAYAKUMAR, KADUVAYILKARALIVILA VEEDU
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
2025:KER:9675
CRL.MC NO. 9067 OF 2024
2
6 SAJIN@CLINTON
AGED 32 YEARS
S/O SUNILKUMAR, KADUVAYILKARALIVILA VEEDU
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
7 CHIPPU
AGED 32 YEARS
S/O BABU, KADUVAYILKARAVANTEVILA VEEDU
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
BY ADV L.RAJESH NARAYAN
RESPONDENT(S)/STATE & COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM,
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 RAVEENDRAN NAIR
AGED 53 YEARS
S/O CHANDRASEKHARAN NAIR, SADGAMAYA, TEN STAR
GARDEN-1 NEAR G.V.R.M UP SCHOOL, CHITTATTINKARA
DESOM KIZHUVILAM, THIRUVANANTHAPURAM, PIN -
695104
3 SINI
AGED 43 YEARS
D/O REMADEVI, SADGAMAYA, TEN STAR GARDEN-1 NEAR
G.V.R.M UP SCHOOL, CHITTATTINKARA DESOM
KIZHUVILAM, THIRUVANANTHAPURAM, PIN - 695104
4 SARATHCHANDRAN
AGED 35 YEARS
S/O SATHEESHKUMAR, MANGALATHU HOUSE NEAR
G.V.R.M UP SCHOOL, CHITTATTINKARA DESOM
KIZHUVILAM, THIRUVANANTHAPURAM, PIN - 695104
5 ARUL R NAIR
AGED 23 YEARS
S/O RAVEENDRAN NAIR, SADGAMAYA, TEN STAR
GARDEN-1 NEAR G.V.R.M UP SCHOOL, CHITTATTINKARA
2025:KER:9675
CRL.MC NO. 9067 OF 2024
3
DESOM KIZHUVILAM, THIRUVANANTHAPURAM, PIN -
695104
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 04.02.2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
2025:KER:9675
CRL.MC NO. 9067 OF 2024
4
C.JAYACHANDRAN, J.
=======================
Crl.M.C No.9067 of 2024
========================
Dated this the 4th day of February, 2025
ORDER
A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [(2012) 10 SCC 303]. Similarly in Narinder Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to 2025:KER:9675 CRL.MC NO. 9067 OF 2024 5 the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offences under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow:
"6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."
2025:KER:9675 CRL.MC NO. 9067 OF 2024 6
2. In the facts at hand, petitioners are the accused persons in Crime No.961 of 2013 of Attingal Police Station, Thiruvananthapuram District, now pending as C.C.No.1958/2013 before the Judicial First Class Magistrate Court-I, Attingal. The offences alleged are under Sections 143, 147, 148, 149, 452, 354, 323, 506(ii) and 427 of the Indian Penal Code. The petitioners seek quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties.
3. Heard the learned counsel for the petitioners, learned counsel for the defacto complainant/respondent no. 2 and respondent nos.3 to 5 and the learned Senior Public Prosecutor. Perused the records.
4. When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statements of the defacto complainant(2nd respondent herein) and respondent nos.3 to 5, the injured 2025:KER:9675 CRL.MC NO. 9067 OF 2024 7 persons in the above crime, were handed over. On perusal of the same, it is clear that the issues between the petitioners, the defacto complainant and the injured persons (respondent nos. 3 to 5) are settled amicably and they are not at all interested to proceed with the prosecution case, any further. They would also state that the instant Crl.M.C was filed with their knowledge and consent, wherefore, they have no objection in quashing the criminal proceedings against the petitioners. That apart, it is noticed that, along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (2nd respondent herein) as Annexure- A3, wherein he would unequivocally state that the disputes have been settled amicably. The defacto complainant would also swear that he is disinterested to continue with the prosecution case, and that he has no objection in quashing the criminal proceedings against the petitioners. Annexures-A4 to A6 affidavits have been sworn to by the respondent nos.3 to 5, wherein they would also 2025:KER:9675 CRL.MC NO. 9067 OF 2024 8 vouch the factum of settlement claimed by the petitioners. This Court is therefore convinced that the settlement arrived at is genuine and bonafide.
5. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in Narinder Singh (supra), Madan Mohan Abbot (supra) and Gian Singh (Supra), are fully satisfied. This court is convinced that further proceedings against the petitioner will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that offences under Sections 323, 506(ii) and 427 are compoundable, which is all the more a reason to accept the compromise between the parties.
2025:KER:9675 CRL.MC NO. 9067 OF 2024 9 In the circumstances, this Crl.M.C. is allowed. Annexure-A2 Final Report, and all further proceedings in C.C.No.1958/2013 of the Judicial First Class Magistrate Court-I, Attingal, are hereby quashed.
Sd/-
C.JAYACHANDRAN, JUDGE GBG 2025:KER:9675 CRL.MC NO. 9067 OF 2024 10 APPENDIX OF CRL.MC 9067/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR NO.961/2013 DATED 28.8.2013 OF THE ATTINGAL POLICE STATION Annexure A2 TRUE COPY OF THE FINAL REPORT IN C.C NO.1958/2013 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, ATTINGAL Annexure A3 THE AFFIDAVIT DATED 24.10.2024 SWORN BY THE 2ND RESPONDENT Annexure A4 THE AFFIDAVIT DATED 24.10.2024 SWORN BY THE 3RD RESPONDENT, CW2 Annexure A5 THE AFFIDAVIT DATED 24.10.2024 SWORN BY THE 4TH RESPONDENT, CW3 Annexure A6 THE AFFIDAVIT DATED 24.10.2024 SWORN BY THE 4TH RESPONDENT, CW4