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Kannan Vs. State of Kerala - Court Judgment

LegalCrystal Citation
CourtKerala High Court
Decided On
Judge
AppellantKannan
RespondentState of Kerala
Excerpt:
.....1936 crl.mc.no. 4075 of 2014 --------------------------------- crime no. 225/2011 of hemambika nagar police station, palakkad --------------- petitioner(s)/accused: ------------------------------------- 1. kannan, aged23years, s/o.suresh kumar, kaisa bhavan, parachantha, koduvalloor p.o., chengannoor, alappuzha.2. praveen, aged26years, s/o.kuttan, mottammel, baria, kasargod.3. abhilash, aged25years, s/o.presenna kumaran, nangeriyil vaiporu p.o., pathanamthitta.4. s.akhil, aged25years, s/o.sasidharan nair, ambili nivas, kusumagiri p.o, kakkanad, ernakulam.5. jefrin, aged30years, s/o.rajan joseph, nakkuzhikattil, thamarassery p.o. kozhikode.6. jayakrishnan, aged25years, s/o.somanathan nair, chooralil house, thulappuzha, haripad. by advs.sri.joswin thambi kunnath sri.s.sreenath.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE5H DAY OF AUGUST201414TH SRAVANA, 1936 Crl.MC.No. 4075 of 2014 --------------------------------- CRIME NO. 225/2011 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD --------------- PETITIONER(S)/ACCUSED: ------------------------------------- 1. KANNAN, AGED23YEARS, S/O.SURESH KUMAR, KAISA BHAVAN, PARACHANTHA, KODUVALLOOR P.O., CHENGANNOOR, ALAPPUZHA.

2. PRAVEEN, AGED26YEARS, S/O.KUTTAN, MOTTAMMEL, BARIA, KASARGOD.

3. ABHILASH, AGED25YEARS, S/O.PRESENNA KUMARAN, NANGERIYIL VAIPORU P.O., PATHANAMTHITTA.

4. S.AKHIL, AGED25YEARS, S/O.SASIDHARAN NAIR, AMBILI NIVAS, KUSUMAGIRI P.O, KAKKANAD, ERNAKULAM.

5. JEFRIN, AGED30YEARS, S/O.RAJAN JOSEPH, NAKKUZHIKATTIL, THAMARASSERY P.O. KOZHIKODE.

6. JAYAKRISHNAN, AGED25YEARS, S/O.SOMANATHAN NAIR, CHOORALIL HOUSE, THULAPPUZHA, HARIPAD. BY ADVS.SRI.JOSWIN THAMBI KUNNATH SRI.S.SREENATH RESPONDENT(S)/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682031. PJ ....2/- ..2.. Crl.MC.No. 4075 of 2014 --------------------------------- 2. REKHIL, AGED24YEARS, S/O.CHANDRAN P.T,PONNASSERI, GURUVAYOOR, THRISSUR680101.

3. SHIBU, AGED24YEARS, S/O.KARIKUTTY, CHEMBATTIL VEEDU, KOTTAKKAL, MALAPPURAM676503. R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2-3 BY ADV. SRI.N.RAJESH (PALAKKAD) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0508-2014, ALONG WITH CRL.MC.NO.4079/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ Crl.MC.No. 4075 of 2014 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------------ ANNEXURE-A: TRUE COPY OF THE FIR IN CRIME2252011 OF HEMAMBIKA NAGAR POLICE STATION. ANNEXURE-B: TRUE COPY OF THE FINAL REPORT IN CRIME2252011 OF HEMAMBIKA NAGAR POLICE STATION. RESPONDENT(S)' ANNEXURES --------------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ K. Ramakrishnan, J.

============================== Crl.M.C.Nos.4075 & 4079 of 2014 ============================== Dated this, the 05th day of August, 2014. ORDER

Accused in C.C.No.1989/12 (Crime No.225/2011 of Hemambika Nagar Police Station) and accused in C.C.No.467/11 (Crime No.224/2011 of Hemambika Nagar Police Station) both pending before Judicial First Class Magistrate Court, No-III, Palakkad have filed these applications for quashing the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure. (Hereinafter called "the Code") 2. The common case of the petitioners in both the cases was that, they were students of NSS Engineering College, Palakkad at the relevant time and due to some misunderstanding between two groups of the students, there was an incident happened on 09.08.2011 in which some of the petitioners in both the cases sustained injuries and on the basis of the statement given by the second respondent in Crl.M.C.No.4075/14, Crime No.225/2011 of Hemambika Nagar Police Station was registered against the petitioners in that case alleging offences under Sections 143, 147, 148, 341, Crl.M.C.Nos.4075 & 4079 of 2014 :

2. :

323. 326 read with Section 149 of Indian Penal Code and on the basis of the statement given by the second respondent in Crl.M.C.No.4079/14, Crime No.224/2011 of same Police Station was registered against the petitioners in that case alleging offences under Sections 143, 147, 341, 323 read with Section 149 of Indian Penal Code and after investigation, final reports were filed in both the cases and they are now pending as C.C.No.1989/12 and C.C.No.467/11 respectively before that court. Now, due to the intervention of well wishers of both the parties, the matter has been settled between them and their original relationship has been restored and they do not want to prosecute each other. According to the petitioners, there is no public interest is involved. Since some of the offences are non compoundable in nature, they could not file the application for compounding before the concerned court. So, the petitioners have no other remedy except to approach this court seeking the following relief: "1) To quash Annexure A FIR registered in connection with Hemambika Nagar Police Station as Crime No:225/2011 and Consequential proceedings. 2) To quash Annexure A FIR and Annexure B Final Report registered in connection with Hemambika Nagar Police Station in Crime No:224/2011 and Consequential Crl.M.C.Nos.4075 & 4079 of 2014 :

3. : proceedings." 3. The respective de facto complainant and injured in both the cases appeared through Counsels and submitted that the matter has been settled between the parties and they do not want to prosecute each other and it was an incident happened due to some misunderstanding between them which has been resolved due to the intervention of well wishers of both parties. They have filed affidavits stating these facts as well.

4. The Counsel for the petitioners in both the cases submitted that in view of the settlement, there is no possibility of conviction and so, he prayed for allowing the applications.

5. The learned Public Prosecutor, on instructions, as directed by this court submitted that, there are no other cases except the present case against the petitioners in both the cases and it was a clash between two student groups, but, opposed the application on the ground that grave offences have been incorporated.

6. It is an admitted fact that the petitioners in both these petitions were students of NSS Engineering College, Palakkad at the relevant time and they were residing in the Crl.M.C.Nos.4075 & 4079 of 2014 :

4. : hostel of that college as well. It is also in a way admitted from the allegations in the final reports produced that there was some misunderstanding between the petitioners regarding some activities in the college and on account of that, there was some incident happened on 09.08.2011 and in respect of which, on the basis of the statements given by respective de facto complainants namely, the second respondent in both the cases, Crime No.225/2011 & 224/2011 both of Hemambika Nagar Police Station were registered and after investigation, final reports were filed and they are pending as C.C.No.1989/2012 & C.C.No.467/11 respectively before the Judicial First Class Magistrate Court, No-III, Palakkad. Now, the matter has been settled between the parties. It is also seen from the allegations in the petition as well as the affidavits filed by the de facto complainants and injured that they were friends and the incident happened due to some misunderstanding between them and now it has been resolved due to the intervention of well wishers, friends and family members of both the parties and they have decided not to prosecute each other as their original relationship has been restored on account of the settlement. Further, on going Crl.M.C.Nos.4075 & 4079 of 2014 :

5. : through the allegations, it appears that there is no public interest involved. But, due to some misunderstanding between the student groups, some incident happened and there is no other political implications behind the incident as well.

7. In the decision reported in Gian Singh V. State of Punjab 2012 (4) KLT108(SC), it has been held that if crimes were registered on the basis of statements given by the injured due to some private dispute and if those disputes were settled due to the intervention of mediators and their relationship has been restored, then, court must honour such settlement and allow the harmony to continue and even if some non compoundable offences have been incorporated, the court can invoke the power under Section 482 of Code of Criminal Procedure to quash the proceedings.

8. In view of the dictum laid down in the above decision and also considering the fact that the incident occurred between friends belonging to two different student groups not on political grounds, but on some other issues and case and counter cases have been registered in respect of the same incident and due to the intervention of well wishers of both parties, the matter has been settled between them and Crl.M.C.Nos.4075 & 4079 of 2014 :

6. : their old relationship has been restored and they do not want to prosecute the case and conviction in such cases will be remote as they will not support the case of the prosecution, this court feels that it is a fit case where the power under Section 482 of Code of Criminal Procedure has to be invoked to quash the proceedings to promote settlement and the harmony that has been restored between the petitioners in both the cases and pendency of these cases should not be a hurdle for the same. So, the applications are allowed and further proceedings in C.C.No.1989/12 (Crime No.225/2011 of Hemambika Nagar Police Station) in Crl.M.C.No.4075/2014 and C.C.No.467/11 (Crime No.224/2011 of Hemambika Nagar Police Station) in Crl.M.C.No.4079/2014, both pending before Judicial First Class Magistrate Court, No-III, Palakkad as against the petitioners in both cases are quashed. Office is directed to communicate this order to the concerned court immediately. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge


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