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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936
Crl.MC.No. 4935 of 2014 ()
CRIME NO. 335/2012 OF NATTUKAL POLICE STATION , PALAKKAD
PETITIONER(S)/ACCUSED NOS.1 TO 5:
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S)/DEFACTO COMPLAINANT, CW.2 AND STATE:
R1,2 BY ADV. SRI.P.M.RAFIQ
R3 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4935 of 2014 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A- TRUE COPY OF THE FINAL REPORT IN CRIME NO.335/2012 OF NATTUKAL POLICE STATION IN PALAKKAD DISTRICT IN S.C.NO.162/2013 ON THE FILE OF THE COURT OF SESSION, PALAKKAD DIVISION.
ANNEXURE B- AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT.
ANNEXURE C- AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT.
RESPONDENT(S)' EXHIBITS
/TRUE COPY/
P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~
Crl.M.C No.4935 of 2014 ~~~~~~~~~~~ Dated this the 17th September, 2014
O R D E R
The petitioners herein are the five accused in S.C No.162 of 2013 of the Court of Session, Palakkad. Crime in the said case was registered under Sections 143, 147, 341, 323, 506 (ii) r/w 149 I.P.C and also under Section 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act, 1989 on the complaint of one Radhakrishnan, who is a member of Scheduled Caste. His complaint is that he and his associate Ayyappan, who is also a member of Scheduled Caste, were assaulted by the petitioners in connection with some dispute regarding a festival, and they abused and humiliated them on the ground that they belong to scheduled caste. The petitioners brought this petition under Section 482 of the Code of Criminal Procedure to quash the whole prosecution against them on the ground that the complaint happened to be filed on a misapprehension, and that the parties have amicably settled and resolved the whole dispute on the intervention of respectable persons of
2
Crl.M.C No.4935 of 2014
the locality. The said Radhakrishnan and Ayyappan are respondents 1 and 2 in this proceeding. They filed separate affidavit to the effect that the whole dispute stands amicably resolved and settled, and that they have no grievance or complaint now. What is sought in fact is not composition, and in the special circumstance where the whole dispute stands settled, both the parties want to have the prosecution closed.
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482 of Cr.P.C. In this case, the de facto complainant and the other injured, who were allegedly abused and humiliated by the petitioners, have amicably settled the whole dispute, and they have filed affidavit to the effect that they have no grievance or complaint. In fact, on a perusal of the case records including the final report, I find that necessary elements are not really there to attract a prosecution under Section 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act, 1989. Mere assault or mere abuse on a member of Scheduled Caste or Scheduled Tribe will not by itself attract prosecution under the SC/ST (Prevention of Atrocities) Act, 1989. The humiliation or assault or abuse must have been made on the ground that the victim is a member of Scheduled Caste or Scheduled Tribe. Such necessary elements and ingredients are not in fact seen in this case. On that ground also, the prosecution will have to be quashed.
In the result, this Crl.M.C is allowed. The criminal prosecution pending against the petitioners in S.C No. 162 of 2013 of the Court of Session, Palakkad will stand quashed
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under Section 482 of Cr.P.C, and the petitioners will stand released from prosecution. The bail bond executed by the
petitioners will stand discharged.
Sd/P.UBAID JUDGE
ma
/True copy/
P.S to Judge
3 issues framed by the court
Whether the prosecution under the SC/ST (Prevention of Atrocities) Act should be quashed in the face of a settlement where necessary elements regarding caste humiliation are not proved.
Whether the continuation of prosecution after an amicable settlement of the whole dispute will cause hardship or be a waste of time.
Whether elements required for an offence under Section 3(1)(x) of the SC/ST Act are present given the nature of the alleged abuse.
Colour shows how this judgement treated each authority
Narinder Singh & Others v. State of Punjab and anotherRelied on¶39
Narinder Singh & Others v. State of Punjab and another (2014 (2) KLJ 252)
3 provisions across 3 enactments
VIJAYAN VARRIER and Others
RADHAKRISHNAN
AYYAPPAN
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
