The petitioner accused sought quashing of criminal proceedings under Section 482 CrPC citing an amicable settlement with the complainants. The High Court, finding the dispute personal and noting the settlement promoted harmony, exercised inherent powers to quash the case.
Criminal proceedings in Crime No.482/2016 of Thodupuzha police station quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938
Crl.MC.No. 2700 of 2016 ()
--------------------------CRIME NO. 482/2016 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT
PETITIONERS/ACCUSED :
1. NIJAS
2. AMAN @ RUBEESH S/O.SALIM, CHUDUKATTIL HOUSE, AGED 19, ELAMDESAM P.O., THODUPUZHA, IDUKKI DISTRICT.
3. AFSAL
4. AMEER
5. RIYAS
BY ADV. SRI. LATHEESH SEBASTIAN
RESPONDENTS/STATE & COMPLAINANT :
1. STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
...2/-
Crl.MC.No. 2700 of 2016 () -2-
2. SUB INSPECTOR OF POLICE THODUPUZHA POLICE STATION, IDUKKI DISTRICT - 685 508.
3. AJMAL S/O.AZEEZ, AGED 24, PALAMOOTTIL HOUSE, NEAR CANAL BAGHOM, EDAVETTIKKARA, KARIKODE VILLAGE, THODUPUZHA, IDUKKI DISTRICT - 685 508.
4. FAISAL S/O.NAZEER, AGED 19 YEARS, PUTHENVEETTIL HOUSE, EDAVETTY KARA, KARIKODE VILLAGE, THODUPUZHA, IDUKKI DISTRICT - 685 508.
R1 & R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. R3 & R4 BY ADV. SRI.R.ARUN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...3/-
Crl.MC.No. 2700 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.482/2016 OF THE THODUPUZHA POLICE STATION. ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT. ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT.
RESPONDENT(S)' ANNEXURES : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
RAJA VIJAYARAGHAVAN V, J.
Crl.M.C.No.2700 of 2016
Dated this the 18th day of May, 2016
O R D E R
Crl.M.C.No.2700 of 2016 : 2 :
and relying on Annexures A2 and A3 affidavits filed before the court by the party respondents, it is submitted that the dispute between the injured witnesses and the accused has been amicably resolved. It is submitted that though S.326 of the IPC is also incorporated, only minor injuries were sustained.
Crl.M.C.No.2700 of 2016 : 3 :
and in terms of the pronouncements of this Court as well as the Apex Court.
7.In Gian singh v. State of Punjab (2012) 10 SCC 303
Apex Court has laid down that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. It was observed as follows :
“61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.”
v. State of Punjab. (2014) 6 SCC 466, the pertinent
observations which are as under:
“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would
Crl.M.C.No.2700 of 2016 : 4 :
be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:
29.1 Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code.No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.
29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
xxxxxxx
xxxxxxx
9.It is beyond any cavil that when the High Court is convinced that the offences are entirely personal in nature and do not affect public peace or tranquility and when it is
felt that quashing of proceedings on account of
Crl.M.C.No.2700 of 2016 : 5 :
compromise would bring about peace and secure the ends of justice, the inherent powers under Section 482 can very well be exercised to quash the criminal proceedings. In such cases persisting with the prosecution would be nothing but a waste of time as the prospects of conviction would be bleak.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.
Bb
[True copy]
P.A to Judge
2 issues framed by the court
Whether criminal proceedings under IPC can be quashed under Section 482 CrPC upon amicable settlement between parties.
Whether the offences are personal in nature and settling the matter secures the ends of justice.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabFollowed¶51
Gian singh v. State of Punjab (2012) 10 SCC 303 · Who else cites this
Narinder Singh v. State of PunjabRelied on¶54
Narinder singh v. State of Punjab. (2014) 6 SCC 466 · Who else cites this
3 provisions across 2 enactments
Nijas
Aman @ Rubeesh
Afsal
Ameer
Riyas
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
