Kerala High Court
Akhil @ Srekuttan vs State Of Kerala on 10 January, 2025
Crl.M.C.No.4738 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 10TH DAY OF JANUARY 2025/20TH POUSHA, 1946
CRL.MC NO.4738 OF 2024
CRIME NO.1004/2016 OF CHAVARA SOUTH POLICE STATION, KOLLAM
AGAINST S.C NO.1210 OF 2016 OF ASSISTANT SESSIONS COURT/SUB
COURT/COMMERCIAL COURT, KARUNAGAPPALLY
PETITIONERS:
1 AKHIL @ SREKUTTAN, AGED 30 YEARS,
S/O.SOMAN PILLAI, KUNNATHU PUTHANVEETTIL,
ARINALLOOR P.O, ARINALLOOR MURI,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT, PIN - 690538.
2 VISHNU DEV @ VISHNU, AGED 26 YEARS,
S/O.MANIYAN PILLAI, CHEMPAKACHAM VEEDU,
ARINALLOOR P.O, ARINALLOOR MURI,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT, PIN - 690538.
3 JACOB, AGED 53 YEARS, S/O.GRIGARI,
KODANVILA CHARUVIL HOUSE, ARINALLOOR P.O,
ARINALLOOR MURI, THEVALAKKARA VILLAGE,
KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT, PIN - 690538.
4 ABIN, AGED 27 YEARS, S/O.SUDESHAN,
KAITHAMOOTTIL THARAYIL HOUSE, THEVALAKKARA P.O,
PALACKAL MURI, THEVALAKKARA VILLAGE,
KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT, PIN - 690538.
Crl.M.C.No.4738 of 2024
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BY ADVS.
KRISHNADAS P.NAIR
K.L.SREEKALA
HARIDAS P.NAIR
M.RAJESH KUMAR
M.A.VINOD
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 THE STATION HOUSE OFFICER,
CHAVARA THEKKUMBHAGOM POLICE STATION,
KOLLAM DISTRICT, PIN - 690524.
3 AROMAL, AGED 38,
S/O.PRASANNAN,
KAIPPUZHA THEKKATHIL,
THEVALAKKARA VILLAGE, ARINALLOOR MURI,
ARINALLOOR.P.O,
KARUNAGAPPALLY, PIN - 690538.
4 PRASANNAN, AGED 71,
S/O.SANKARAN,
KAIPPUZHA THEKKATHIL,
THEVALAKKARA VILLAGE, ARINALLOOR MURI,
ARINALLOOR.P.O,
KARUNAGAPPALLY, PIN - 690538.
5 ARADHANA, AGED 34,
D/O.SUSHEELA,
KAIPPUZHA THEKKATHIL,
THEVALAKKARA VILLAGE, ARINALLOOR MURI,
ARINALLOOR.P.O,
KARUNAGAPPALLY, PIN - 690538.
Crl.M.C.No.4738 of 2024
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BY ADVS.
PRASOON K P
ANU PRABHAKAR(K/000190/2022)
SWATHYKRISHNA K.(K/001778/2024)
ABHIRAMI P.S.(K/000969/2024)
VISHNU PRASAD(K/000399/2022)
E.C.BINEESH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.01.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.4738 of 2024
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O R D E R
Dated, this the 10th day of January, 2025 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 the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash Crl.M.C.No.4738 of 2024
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2025:KER:2572 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 Court 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 here below:
"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."
2. In the facts at hand, petitioners are accused nos.1 to 4 in crime no.1004 of 2016 of Chavara Thekkumbhagam Police Station, Kollam, now pending as S.C.No.1210/2016 before the Crl.M.C.No.4738 of 2024
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2025:KER:2572 Assistant Sessions Court, Karunagappally. As per Final Report, the offences alleged are under Sections 294(b), 341, 323, 324, 326, 308 and 34 of the Indian Penal Code. The petitioners seek quashment of entire proceedings in the above Sessions Case, on the strength of the settlement arrived at by and between the parties. This Court may straightaway notice that the offence under Section 308 is levelled on the allegation that an assault aimed at the head of CW-1 was warded off by his left hand.
3. Heard the learned counsel for the petitioners; learned counsel for respondents 3 to 5 and the learned 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 statement was handed over. On perusal of the same, it is clear that the issues between the petitioners and the defacto complainant are settled amicably out of the court and he is disinterested to prosecute the Crl.M.C.No.4738 of 2024
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2025:KER:2572 case any further. The statements of respondents 4 and 5, the injured, are also seen attached, wherein, they would also vouch the factum of settlement. That apart, it is noticed that, along with this Crl.M.C, affidavits have been sworn to by the defacto complainant (3rd respondent herein) and the injured (respondents 4 and 5) as Annexures-A3, A4 and A5 respectively, wherein they would unequivocally state that the disputes have been settled amicably out of the Court and that the complaint stemmed from misunderstanding. They would also swear that they have no surviving grievance against the petitioners and that the affidavits are sworn to on their own volition, without any compulsion, whatsoever. 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 petitioners Crl.M.C.No.4738 of 2024
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2025:KER:2572 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 offence under Sections 323 and 341 are compoundable, which is all the more a reason to accept the compromise between the parties.
6. In the circumstances, this Crl.M.C. is allowed. Annexure-A2 F.I.R, Annexure-A1 Final Report, and all further proceedings in S.C.No.1210/2016 of the Assistant Sessions Court, Karunagappally, are hereby quashed.
Sd/-
C.JAYACHANDRAN, JUDGE ww Crl.M.C.No.4738 of 2024
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2025:KER:2572 APPENDIX OF CRL.MC 4738/2024 PETITIONERS' ANNEXURES:
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1004/2016 OF CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM CITY IN S.C.NO.1210/2016 OF THE ASSISTANT SESSIONS COURT, KARUNAGAPPALLY.
ANNEXURE A2 THE CERTIFIED COPY OF THE FIR DATED 06/07/2016 IN CRIME NO.1004/2016 OF CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM CITY.
ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT SIGNED BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT ON 11.01.2024.
ANNEXURE A4 THE TRUE COPY OF THE AFFIDAVIT SIGNED BY THE 4TH RESPONDENT/DE-FACTO COMPLAINANT ON 30-04-2024.
ANNEXURE A5 THE TRUE COPY OF THE AFFIDAVIT SIGNED BY THE 5TH RESPONDENT/DE-FACTO COMPLAINANT ON 30-03-2024.
ANNEXURE A6 THE WOUND CERTIFICATE OF THE DEFACTO COMPLAINANT/3RD RESPONDENT.
ANNEXURE A7 THE WOUND CERTIFICATE OF THE DEFACTO COMPLAINANT/4TH RESPONDENT.