Dismissed

Rajesh, v. State of Kerala

Kerala HC15 Oct 2019Crl.MC/6799/2019

Case brief

AI extract

What is this about?

The High Court rejected a petition to quash criminal proceedings for attempted murder under Section 482 Cr.P.C. Despite a settlement between the petitioner and the victim, the Court held that Section 307 IPC is a heinous crime against society, and quashing is not permissible in such cases.

What did the court decide?

Petition to quash the proceedings against the petitioner was dismissed.

Rajesh, Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941

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Crl.MC.No.6799 OF 2019(H)

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CRIME NO.280/2017 OF Punalur Police Station , Kollam

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PETITIONER/4th ACCUSED:

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RAJESH,

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AGED 38 YEARS S/O RAJENDRAN, NOW RESIDING AT VAIGA BHAVAN, NEAR MURUGAN KOVIL TEMPLE, AIRAVAN, KONNI , PATHANAMTHITTA DISTRICT.

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BY ADVS. SRI.MANOJ RAMASWAMY SMT.C.B.SABEELA

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RESPONDENTS/STATE, DE FACTO COMPLAINANT & ACCUSED 1 TO 3:

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1 STATE OF KERALA,

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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2 NIZARUDEEN,

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AGED 25 YEARS S/O ABDUL AZEEZ, CHARUVILA PUTHEN VEEDU, KARIYARA, VILAKKUDY, KOLLAM DISTRICT-691 332.

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3 SIDHIQUE, AGED 26 YEARS S/O SALAHUDHEEN, EDATHARA HOUSE, AMBALAMKUNNU, VILAKKUDY, KOLLAM DISTRICT-691 508.

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4 SHAFEEK @ LIPEESH, AGED 42 YEARS S/O MUHAMMED HANEEFA, VALUTHUNDIL VEEDU, CHALAKKODU, PUNALUR, KOLLAM DISTRICT-691 305.

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5 JAFFARKUTYY @ JAFFAR, AGED 41 YEARS

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S/O BASHEER, CHARUVILA VEEDU, CHALAKKODU, PAPER MILL, PUNALUR, KOLLAM DISTRICT-691 305.

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R2 BY ADV. K.T. THOMAS C S HRITHWIK-PP SR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-102019, THE COURT ON 15-10-2019 PASSED THE FOLLOWING:

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Crl.M.C.No.6799/2019

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R.NARAYANA PISHARADI, J ************************ Crl.M.C.No.6799 of 2019

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Dated this the 15^th day of October, 2019

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O R D E R

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This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as to 'the Code') for quashing the proceedings against the petitioner in the case registered as Crime No. 280/2017 of the Punalur police station.

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The petitioner is the fourth accused in the aforesaid case. The prosecution case is that on 04.02.2017, at about 15.30 hours, the first accused reached the house of the de facto complainant/victim and took him to a building of Punalur Paper Mills and that the accused together attacked him with deadly weapons and made attempt to murder him. It is specifically alleged that the fourth accused, the petitioner herein, stabbed him with a knife. It is alleged that the accused have committed the offences punishable under Sections 323, 324 and 307 read with 34 I.P.C

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Crl.M.C.No.6799/2019

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The proceedings against the petitioner in the case are sought to be quashed on the ground that the matter has been settled between him and the second respondent, who is the de facto complainant/victim.

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Heard learned counsel for the petitioner and the second respondent/de facto complainant and the learned Public Prosecutor.

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The second respondent, who is the victim/de facto complainant, has filed an affidavit stating that the case has been settled between him and the petitioner and that he is not interested to proceed with the case against the petitioner.

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Learned counsel for the petitioner would submit that, in the light of the settlement reached between the de facto complainant and the petitioner, no useful purpose would be served by the continuation of the proceedings against the petitioner. On the other hand, learned Public Prosecutor submitted that, this is a case of attempt made to murder a person and that the matter cannot be considered as personal or private in nature and that it would not be in the interests of justice to order premature termination of the prosecution against the petitioner.

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Crl.M.C.No.6799/2019

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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 the 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. Offence under Section 307 I.P.C would fall in the category of heinous and serious offences. Such an offence has to be generally treated as crime against the society and not against the individual alone. Commission of an offence under Section 307 I.P.C will have a serious impact on the society at large. Settlement between the parties in relation to such offence cannot be given the seal of approval by the Court (See State of Madhya Pradesh v. Laxmi Narayan : AIR 2019 SC 1296, State of Madhya Pradesh v. Kalyan Singh : AIR 2019 SC 312, State of Madhya Pradesh v. Dhruv Gurjar : AIR 2019 SC 1106 ).

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In the instant case, there is specific allegation against the petitioner that he stabbed the de facto complainant with a knife. It is stated in the affidavit filed by the de facto complainant also that the petitioner attacked him with a knife.

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Crl.M.C.No.6799/2019

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It is not a case where the police has incorporated the offence under Section 307 I.P.C for name sake. In the light of the principles laid down by the Apex Court in the aforesaid decisions, I find that this is not a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioner. The petition is liable to be dismissed.

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Consequently, the petition is dismissed.

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(sd/-) R.NARAYANA PISHARADI, JUDGE

jsr

Crl.M.C.No.6799/2019

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