Kerala High Court
Sooraj vs 3 on 29 October, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA,
1941
Crl.MC.No.7398 OF 2019(D)
AGAINST THE ORDER/JUDGMENT IN SC 458/2018 OF SUB COURT,
VADAKARA
AGAINST THE ORDER/JUDGMENT IN CP 70/2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,NADAPURAM
CRIME NO.261/2016 OF Nadapuram Police Station , Kozhikode
PETITIONER/S:
1 SOORAJ, AGED 28 YEARS, S/O.SURENDRAN,
POYIL HOUSE, AYADATHIL, KODANCHERI P.O.,
VATAKARA TALUK, KOZHIKODE DISTRICT- 673580.
2 MOHANAN P.V.@ BAVA, AGED 34 YEARS
S/O.KUNHIYEKKAN, PUTHANPEEDIKAYIL, KODANCHERY
P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-
673580.
3 RAMITH, AGED 29 YEARS
S/O.RAVI, KOYILOTHUMPOYIL, KODANCHERI P.O.,
VATAKARA TALUK, KOZHIKODE DISTRICT- 673580.
4 SANTHOSH, AGED 37 YEARS
S/O.BALAN, VELLARVALLI HOUSE, KODANCHERI P.O.,
VATAKARA TALUK, KOZHIKODE DISTRICT- 673580.
5 NIDHIN.B, AGED 25 YEARS
S/O.BABU, KUNDILOTTUMMAL HOUSE, KODANCHERI
P.O., VATAKARA TALUK, KOZHIKODE DISTRICT.
6 RANEESH @ RINI, AGED 31 YEARS
S/O.MOHANAN, MALOLPASEL, KODANCHERI P.O.,
VATAKARA TALUK, KOZHIKODE DISTRICT- 673580.
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Crl.MC.No.7398 OF 2019(D)
7 ANOOP, AGED 26 YEARS
S/O.APPU @ RAGHAVAN, ILLATHTHAZHAKUNI AKKAL
VEEDU, KODANCHERI P.O., VATAKARA TALUK,
KOZHIKODE DISTRICT- 673580.
8 SARAL, AGED 31 YEARS
S/O.VALSAN, VELLARVALLI, KODANCHERI P.O.,
VATAKARA TALUK, KOZHIKODE DISTRICT- 673580.
9 BINEESH,
AGED 31 YEARS
S/O.BAVA @ DAMODHARAN, AYADATHIL VEEDU,
KODANCHERI P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
10 SONU.P.,
AGED 23 YEARS
S/O.PRAMODH, KANDOTHBIVIL HOUSE, KODANCHERI
P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-
673580.
11 KRISHNAKUMAR,
AGED 38 YEARS
S/O.BALAN, KAYTHIRIKKAL HOUSE, KODANCHERI
P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-
673580.
12 SARATH,
AGED 25 YEARS
S/O.SARATH, VALIYIDAYI THAZHEUKUNI, KODANCHERI
P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-
673580.
13 JITHESH,
AGED 32 YEARS
S/O.AJAYAN @ AJITHA, PUNNOLITHAZHEKUNI HOUSE,
KODANCHERI P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
BY ADVS.
SRI.M.PROMODH KUMAR
SMT.MAYA CHANDRAN
RESPONDENT/S:
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Crl.MC.No.7398 OF 2019(D)
1 STATE OF KERALA,
REP.BY S.H.O.NADAPURAM POLICE STATION,
REP.BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 31.
2 VISHNU, AGED 22 YEARS, S/O.BABU,
CHITTARIKUNIYIL HOUSE, VELLUR, KODANCHERY
P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-
673580.
3 RAKHIL, AGED 2 YEARS, S/O.RAJAN,
NELLOLIMEETHAL HOUSE, VELLOOR, KODANCHERY
P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-
673580.
4 RAJEESH, AGED 32 YEARS
S/O.RAJAN, NELLOLIMEETHAL HOUSE, VELLOOR,
KODANCHERY P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
5 NIDHIN, AGED 23 YEARS
S/O.ASHOKAN, KULANGARATH HOUSE, PURAMERI P.O.,
VATAKARA TALUK, KOZHIKODE DISTRICT- 673580.
6 ABHIJITH, AGED 26 YEARS
S/O.RAJAN, NELLOLIMEETHAL HOUSE, VELLOOR,
KODANCHERY P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
7 SHIBIN LAL, AGED 23 YEARS
S/O.SREEDHARAN, KIZHAKKAYIL HOUSE, VELLOOR,
KODANCHERY P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
8 SREEJIN, AGED 24 YEARS
S/O.SREEDHARAN, CHAMAKKAL HOUSE, VELOOR,
KODANCHERY P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
9 VIJAYAN, AGED 45 YEARS
S/O.CHANDU NAIR, CHITTARIKUNIYIL HOUSE,
VELLOOR, KODANCHERY P.O., VATAKARA TALUK,
KOZHIKODE DISTRICT- 673580.
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Crl.MC.No.7398 OF 2019(D)
10 VIJEESH, AGED 29 YEARS
S/O.KUMARAN, NELLOLIMEETHAL HOUSE, VELLOOR,
KODANCHERY P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
11 SALINI, AGED 41 YEARS
W/O.SATHYAN, MANNICHAMKANDIYIL HOUSE, VELLOOR,
KODANCHERY P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
12 KAMALA, AGED 49 YEARS, W/O.RAJAN,
EDAVALATHARAMMAL MEETHAL HOUSE, VELLOOR,
KODANCHERY P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
13 LATHA, AGED 45 YEARS
W/O.RAJAN, NELLOLIMEETHAL HOUSE, VELLOOR,
KODANCHERY P.O., VATAKARA TALUK, KOZHIKODE
DISTRICT- 673580.
R2-13 BY ADV. RAJESH NAMBIAR
OTHER PRESENT:
SRI.SANTHOSH PETER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 29.10.2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
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Crl.MC.No.7398 OF 2019(D)
ALEXANDER THOMAS, J.
-----------------------------
Crl.M.C.No.7398 Of 2019
---------------------------------
Dated this the 29th day of October, 2019.
ORDER
The petitioners herein are the accused in the impugned Anx-1 FIR & A-2 Final Report in Crime No.261/2016 of Nadapuram Police Station, Kozhikode District, registered for offences punishable under Secs.143, 147, 148, 341 324, 294, 308 & 149 of the I.P.C., on the basis of the complaint of the respondents 2 to 13. The alleged incidents happened on a day previous day of the marriage in connection with a dispute regarding paying cards. It is stated that now the entire disputes between the petitioners and respondents 2 to 13 have been settled amicably and that respondents 2 to 13 have sworn to Anxs-5 to 16 affidavits before this Court, wherein it is stated that they have settled the entire disputes with the petitioners and that they have no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.
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Crl.MC.No.7398 OF 2019(D)
2. 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 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.
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Crl.MC.No.7398 OF 2019(D)
3. Accordingly, it is ordered in the interest of justice that the impugned Anx-1 FIR & Anx-2 Final Report in Crime No.261/2016 of Nadapuram Police Station, Kozhikode District and all further proceedings arising therefrom pending against the accused persons will stand quashed.
The petitioners will produce certified copies of this order before the investigating officer concerned and the competent court below concerned. The office of the Advocate General will forward copy of this order to the investigating officer concerned for information.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS, Judge.
bkn/-
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Crl.MC.No.7398 OF 2019(D) APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FIR DATED
04.04.2016.
ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT FILED BY NADAPURAM POLICE, DATED 18.06.2016.
ANNEXURE 3 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE SECRETARY, PURAMERI PANCHAYAT, DATED 04.02.2017.
ANNEXURE 4 TRUE COPY OF THE WITNESS LIST IN CRIME NO.261/2016, DATED 18.06.2016.
ANNEXURE 5 AFFIDAVIT SWORN BY THE 2ND RESPONDENT, DATED 06.08.2019.
ANNEXURE 6 AFFIDAVIT SWORN BY THE 3RD RESPONDENT, DATED 06.08.2019.
ANNEXURE 7 AFFIDAVIT SWORN BY THE 4TH RESPONDENT, DATED 07.07.2019.
ANNEXURE 8 AFFIDAVIT SWORN BY THE 5TH RESPONDENT, DATED 27.07.2019.
ANNEXURE 9 AFFIDAVIT SWORN BY THE 2ND RESPONDENT, DATED 27.07.2019.
ANNEXURE 10 AFFIDAVIT SWORN BY THE 7TH RESPONDENT, DATED 27.07.2019.
ANNEXURE 11 AFFIDAVIT SWORN BY THE 8TH RESPONDENT, DATED 25.07.2019.
ANNEXURE 12 AFFIDAVIT SWORN BY THE 9TH RESPONDENT, DATED 25.07.2019.
ANNEXURE 13 AFFIDAVIT SWORN BY THE 10TH RESPONDENT, DATED 27.07.2019.
ANNEXURE 14 AFFIDAVIT SWORN BY THE 11TH RESPONDENT, DATED 27.07.2019.
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Crl.MC.No.7398 OF 2019(D) ANNEXURE 15 AFFIDAVIT SWORN BY THE 12TH RESPONDENT, DATED 27.07.2019.
ANNEXURE 16 AFFIDAVIT SWORN BY THE 13TH RESPONDENT, DATED 27.07.2019.