Madras High Court
K.Prasanna vs State Rep By Is on 18 February, 2020
Author: A.D. Jagadish Chandira
Bench: A.D. Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Crl.O.P.(MD)No.2781 of 2020
1.K.Prasanna
2.S.Gurunathan
3.Marimuthu
4.Kannayiram
5.Thavamani Pandiyan ... Petitioners
Vs.
1.State rep by is
The Inspector of Police,
Pudhur Police Station,
Thoothukudi District.
Crime No.37 of 2017.
2.Subbulakshmi ... Respondents
PRAYER: This Criminal Original Petition has been filed under
Section 482 of Cr.P.C., to call for the records relating to the
proceedings in S.C.No.67 of 2018 on the file of the learned District
and Sessions Court, Thoothukudi and quash the same.
For Petitioners : Mr.T.Antony Arulraj
For R1 : Mrs.S.Bharathi,
Government Advocate(Crl.side)
For R2 : Mr.M.Suresh Kumar
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ORDER
The Criminal Original Petition has been filed to quash the proceedings in S.C.No.67 of 2018, on the file of the learned District and Sessions Court, Thoothkudi, for the offences punishable under Sections 294(b), 448, 366, 147, 34 IPC, in Crime No.37 of 2017.
2.The learned counsel for the petitioner would submit that the first petitioner and the daughter of the second respondent, one Nivetha were friends. Due to misunderstanding between the second respondent and her daughter the alleged victim Nivetha, she came along with the first petitioner, without informing her mother. Based on the complaint given by the second respondent as if her daughter was kidnapped by the petitioners herein, a case was registered in crime No.37 of 2017 for the offence under Sections 294(b), 448, 366, 147, 34 IPC. He would submit that the alleged victim Nivetha had filed an affidavit stating that she has gone along with the first petitioner, who is her cousin and that due to misunderstanding, her mother has given complaint against the petitioners. The victim has specifically stated that the petitioners have not committed any offence as alleged by the prosecution and that after realizing the http://www.judis.nic.in 3 same, the second respondent also amicably settled the issue and that the parties have entered into a compromise. In the meantime, the respondent police has completed the investigation and filed final report, which is pending before the learned District and Sessions Court, Thoothkudi in S.C.No.67 of 2018. He would submit that no useful purpose would be served by keeping the trial pending and hence, he prayed for quashing the same by recording the joint compromise memo.
3.The learned counsel for the second respondent would submit that the second respondent and the petitioners are relatives and that due to some misunderstanding between them, the second respondent had given a compliant on a wrong impression that her daughter was kidnapped. However, coming to know that her daughter has gone on her own volition, she has compromised the matter with petitioners.
4.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
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5.A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.R.Sivaprakasam, SI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
6.In Gian Singh vs. State of Punjab [2012 (10) SCC 303], the Supreme Court has held as follows:
“61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be http://www.judis.nic.in 5 prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society."
7.In Narinder Singh v. State of Punjab [2014(6) SCC 466], after considering the Gian Singh's case referred to above, the Hon'ble Supreme Court has held as follows:
29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves.
However, this power is to be exercised sparingly and with caution.
29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or http://www.judis.nic.in 6
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
29.3. Such a power is not to be exercised in those prosecutions which involve 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. Similarly, for the offences alleged to have been committed under special statute like the 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.
29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases."
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8.In Parbatbhai Aahir v. State of Gujarat [AIR 2017 SC 4843], the Supreme Court held thus"
“(1) Section 482 CrPC preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inherent in the High Court.
(2) The invocation of the jurisdiction of the High Court to quash a first information report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 CrPC. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
(3) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.
(4) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court.
http://www.judis.nic.in 8 (5) the decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulate.
(6) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences.
(7) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.
(8) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially http://www.judis.nic.in 9 civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.
(9) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and (10) There is yet an exception to the principle set out in Propositions (8) and (9) above. Economic offences involving the financial and economic well- being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.”
9.Recently, in State of Madhya Pradesh v. Laxmi Narayan [AIR 2019 SC 1296], the Hon'ble Supreme Court, considering all the above judgments, has held as follows:
"i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those http://www.judis.nic.in 10 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 Section 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 Section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 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 Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the http://www.judis.nic.in 11 High Court to examine as to whether incorporation of Section 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 Section 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 hereinabove;
v) while exercising the power under Section 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."
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10.Under such circumstances, no useful purpose will be served in keeping the proceedings in S.C.No.67 of 2018 pending, even though, the offences involved are not compoundable in nature.
In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the proceedings in S.C.No.67 of 2018
11.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.67 of 2018, on the file of the learned District and Sessions Court, Thoothukudi, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners jointly shall pay a sum of Rs.5,000/- as costs, to the credit of the M.R. Home for Mentally Retarded, Thirumohur Main Road, Thirumohur, Madurai and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Post this matter on 04.03.2020 for reporting compliance.
18.02.2020
Index : Yes / No
Internet : Yes / No
gns
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To
1.The District and Sessions Court,
Thoothukudi.
2.The Inspector of Police,
Karivalamvanthanallur Police Station, Thirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 14 A.D. JAGADISH CHANDIRA, J.
gns Crl.O.P.(MD)No.2781 of 2020 18.02.2020 http://www.judis.nic.in