Kerala High Court
Arun vs Balaram Shaji on 30 July, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 30TH DAY OF JULY 2014/8TH SRAVANA, 1936
Crl.MC.No. 3844 of 2014 ()
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CP 46/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
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PETITIONERS/ACCUSED 1 - 5:
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1. ARUN, AGED 21 YEARS,
S/O. RAMEWSWARAMM, MADATU VILAI VEEDU, 13/103
MARUTHANKODE, KANYAKUMARI DISTRICT.
2. VISHNU JAYAPALAN, AGED 26 YEARS,
S/O. JAYAPALAN, MAMATHA VEEDU, MUKKOLA
KALLAYAM, MANNANTHALA, VATTAPARA,
TRIVANDRUM
3. KARTHIK @ KARTHIK PARAYIL, AGED 21 YEARS,
S/O. PRATHAPAN, KESAVOM APARTMENTS,
AYAMPILLI MANA ROAD, EROOR, TRIPUNITHURA,
ERNAKULAM
4. SHIMMITH, AGED 21 YEARS
S/O. SHIJU S.S, SHIJU BHAVAN,
NEAR VALIYAKUNNU GOVERNMENT HOSPITAL,
KIZHUVILLAM, ATTINGAL, TRIVANDRUM.
5. GOKUL DAVID, AGED 19 YEARS,
S/O. RADHAKRISHNAN NAIR, DAVIS VEEDU,
AZHIYILDATH CHIRA, THIRUVALLA, PATHANAMTHITTA.
BY ADV. SRI.AJITH KRISHNAN
RESPONDENTS/COMPLAINANT AND STATE :
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1. BALARAM SHAJI
S/O. SHAJI SUKUMARAN, AMABALATHIL VEETIL, P.V.R.A 45
MANNANTHALA, THIRUVANANTHAPURAM - 695 015.
2. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.S.MOHAMMED AL RAFI
R2 BY PUBLIC PROSECUTOR SMT. S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30-07-2014 ALONG WITH 3845/2014, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
BP
Crl.MC.No. 3844 of 2014 ()
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE A: COPY OF FINAL REPORT IN CRIME NO. 300/2014 OF
PEROORKADA POLCIE STATION.
ANNEXURE B: ATTESTED AFFIDAVIT SWORN BY THE R1.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
K. RAMAKRISHNAN, J.
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Crl. M.C. Nos.3844 & 3845 of 2014
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Dated this the 30th day of July, 2014
O R D E R
The petitioners who are accused in C.P.No.46/2014 and 56/2014 on the file of judicial First Class Magistrate Court-II, Thiruvananthapuram, have filed these applications to quash the proceedings as against them on the basis of settlement under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').
2. The common case of both the petitioners in these petitions was that, they were studying for Law Course in Kerala Law Academy, Thiruvananthapuram, and they belong to two different student groups, namely, Student Federation of India(SFI) and Akhila Bharathiya Vidyarthi Prasthan(ABVP) and on account of some difference of opinion between them in the functioning of the college, there was some incident occurred between these two student groups and both of them sustained injuries. On the Crl.M.C.3844 & 3845/2014 2 basis of the statement given by the first respondent in Crl.M.C.No.3845/2014, Crime No.299/2014 of Peroorkada police station was registered, against the petitioners therein alleging offences under Section 143, 147, 148, 149, 294(b), 323, 324, 341, 506(i) and 308 of the Indian Penal Code and on the basis of the statement given by the first respondent in Crl.M.C.No.3844/2014, another crime was registered as Crime No.300/2014 of the same police station against the petitioners therein, alleging offences under Section 143, 147, 149, 323, 324 and 308 of the Indian Penal Code and after investigation final reports were field in both the cases and they are pending as C.P.Nos.56/2014 and 46/2014 respectively before the Judicial First Class Magistrate Court-II, Thiruvananthapuram. Now due to the intervention of teachers, parents and well-wishers of both parties, the matter has been settled between the parties and they do not want to prosecute the case against each other. Since some of the offences alleged are non-compoundable in nature, Crl.M.C.3844 & 3845/2014 3 they could not file the application for compounding before the court below. So the petitioners have no other remedy, except to approach this court, seeking the following reliefs: in Crl.M.C.No.3844/2014
"It is most humbly prayed that this Hon'ble Court may be pleased to quash Annexure-A final report and further proceedings in C.P.No.46/2014 on the file of court of Judicial First Class Magistrate-II, Thiruvananthapuram in the interests of justice". in Crl.M.C.No.3845/2014
"It is most humbly prayed that this Hon'ble Court may be pleased to quash Annexure-A final report and further proceedings in C.P.No.56/2014 on the file of court of Judicial First Class Magistrate-II, Thiruvananthapuram in the interests of justice".
3. Respondents namely, the defacto-
complainant and injured in both the cases appeared through the counsel and submitted that, in view of the settlement, they do not want to prosecute each other and they have filed affidavit stating these facts.
4. The counsel for the petitioners in both the cases submitted that, in view of the settlement the possibility of conviction will be remote and they have no Crl.M.C.3844 & 3845/2014 4 criminal background and they have not involved in any case as well. Though it is labeled as a political clash, in fact, it is a dispute between two student groups in the college, on account of some issues, which resulted the incident and that has been now settled due to the intervention of well- wishers of both parties. So they prayed for allowing the application.
5. The learned Public Prosecutor on instructions as directed by this court submitted that, there are no other cases against the petitioners, but it is a political clash of student groups and grave offences have been committed and it is not a fit case to quash the proceedings at this stage.
6. Heard both sides.
7. It is an admitted fact that, the petitioners in both the cases are students of Law Academy, Thiruvananthapuram, and they were undergoing their L.L.B. course at the time when the incident happened. It is Crl.M.C.3844 & 3845/2014 5 true that, the petitioners in both the cases belong to two student union of two different political parties, but it is seen from the submission made by the learned Public Prosecutor that, except this case there is no other case against the petitioners and they have no criminal background as well. It is also seen from the affidavit filed by both the injured, who are the respective defacto-complainants in the crimes, it is averred that, the matter has been settled between the parties due to the intervention of both the parents and teachers of the institution. It is also an admitted fact that, on the basis of the respective statements given by the injured in both the groups, two crimes have been registered in respect of the same incident as Crime Nos.299/2014 and 300/2014 of Peroorkada police station and after investigation final reports have been filed and they were pending as C.P.Nos.56/2014 and 46/2014 respectively before the Judicial First Class Magistrate Court-II, Thiruvananthapuram. On account of the settlement, there Crl.M.C.3844 & 3845/2014 6 is no possibility of conviction. Though students in their young age, under the belief that politics will give them some benefits, blindly go after politics and involve in such crimes, but later they realise that, that is not going to help them in their life. It is true that, political clashes should never be allowed to continue and in such cases courts should normally be reluctant to invoke the power under Section 482 of the Code of Criminal Procedure, provided that they take it as a habit of involving political clashes and getting themselves in number of criminal cases. But in this case, except this case, there is no other case against the petitioners. That shows that, they are not ardent believers of politics, but due to their allegiance to politics, they were happened to involve in some clash, which resulted in registration of crimes and now they realized the consequences and due to the intervention of well-wishers of both parties including the teachers, settlement was arrived at and they have decided to reform themselves and be good Crl.M.C.3844 & 3845/2014 7 citizens in future. When the parties realized their mistake and wanted to reform, then court must also help them to reform themselves to become good citizens in future, especially law students are expected to be tomorrows prospects and leaders to lead the country. Hope, this will give an opportunity for them to reform and be a good responsible citizen in future. Pendency of this case should not be a hurdle for them, if they really want to reform themselves and be civilized citizens of the society.
8. In the decision reported in Gian Singh v. State of Punjab [2012(4) KLT 108 (SC)], the Hon'ble Supreme Court has held that:
"When private disputes have been resulted in registration of crimes and on account of the intervention of well-wishers of both parties, if the matter has been settled between the parties and the court feels that, there are possibilities of reformation in the parties not to involve in any crime, then court must honour such settlement and give them an opportunity to reform Crl.M.C.3844 & 3845/2014 8 themselves and the pendency of the case should not be a hurdle for the same".
9. Further, considering the nature of allegations in each case, it appears that, some private disputes regarding the function of the college resulted in the incident and now they have realized their faults. In view of the dictum laid down in the above decision and also considering the fact that, the matter has been settled between the parties and the petitioners though belonging to two different political groups of student union, not involved in any other crime and the dispute itself has been settled due to the intervention of well-wishers and teachers of the institution, so as to give them an opportunity to reform themselves, this court feels that, this a fit case where the power under Section 482 of the Code of Criminal Procedure has to be invoked to quash the proceedings in order to promote the settlement and the harmony that has been brought between the parties.
Crl.M.C.3844 & 3845/2014 9 So the petitions are allowed and further proceedings in C.P.No.46/2014 (Crime No.300/2014 of Peroorkada police station) pending before the Judicial First Class Magistrate Court-II, Thiruvananthapuram, as against the petitioners in Cril.M.C.No.3844/2014 and further proceedings in C.P.56/2014 (Crime No.299/2014 of Peroorkada police station) pending before the same court, as against the petitioners in Crl.M.C.No.3845/2014 are quashed. Office is directed to communicate this order to the concerned court, immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE // True Copy // P.A. to Judge ss