IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941 Crl.MC.No. 7713 of 2015 CRIME NO. 1892/2015 OF TOWN EAST POLICE STATION, THRISSUR PETITIONERS/ACCUSED 1 TO 12: 1 DR. A.C.VELAYUDHAN, AGED 62 YEARS, S/O. CHOZHIKKUTTY, ALUNGAL HOUSE, POONKUNNAM P.O., PALLATH LANE, THRISSUR-680002. 2 DR. V.G.SURESH, AGED 42 YEARS, S/O. NARAYANAN, VADAKKOOT HOUSE, EZHUTHACHAN ROAD, ARIMPUR P.O., THRISSUR-680620. 3 A.C.PREMANANDAN, AGED 56 YEARS, S/O. CHOZHIKUTTY, ALUNGAL HOUSE, MANATHALA, CHAVAKKAD, THRISSUR-680506. 4 RAJESH, AGED 42 YEARS, S/O. NARAYANAN, ITTIVALAPPIL (H), CHOORAKKATTUKARA, AMALA NAGAR, THRISSUR-680555. 5 NAVAS, AGED 43 YEARS, S/O. MUHAMMEDUNNI, FLAT NO. 71, CIBAD PARK, ENGINEERING COLLEGE P.O., RAMAVARMAPURAM, THRISSUR- 680009. 6 SALIM, AGED 40 YEARS, S/O. KUNNIVAPPU, PAYYAVALAPPIL, KATTAKAMPAL P.O., THRISSUR-680544. 7 PRADEEP, AGED 40 YEARS, S/O. BHARATHAN, KARUTHARAN HOUSE, P.O.THAMBANKADAVU, THALIKKULAM, THRISSUR-680569. 8 MOHANAN, AGED 58 YEARS, S/O. APPUKKUTTAN, ITHIKKAT HOUSE, VADANAPPILLY P.O., THRISSUR-680614. 9 BYJU, AGED 40 YEARS, S/O. BALAN, KUTTAMPARAMBATHU, THAMBANKADAVU, THALIKULAM-69, THRISSUR. Crl.MC.No. 7713 of 2015 2 10 SISUPALAN A.G., AGED 45 YEARS, S/O. GOPALAN, ALUNGAL HOUSE, THAMPANKADU POST, THRISSUR-680569. 11 VIJAYARAJAN, AGED 60 YEARS, WRITTEN AS VIJAYANANDAN, S/O. SHANKARANKUTTY, ITHIKKAT HOUSE, ENGANDIYOOR, P.O.KUNDALIYOOR- 680616. 12 GIREESH C.N., AGED 42 YEARS, S/O. NARENDRANATH, CHEMENGATTUVALAPPIL HOUSE, CHOORAKATTUKARA, AMALANAGAR POST, THRISSUR 680555. BY ADVS. SRI.K.GOPALAKRISHNA KURUP (SR.) SRI.ABHISHEK KURIAN SRI.S.MANU RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 O.P.ACHUTHANKUTTY, ACHOOS, NELLANKARA, THRISSUR-680005.
R2 BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) R1 BY SENIOR PUBLIC PROSECUTOR MR.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDERxxx This petition is filed under [SECTION] of the [ACT]
2. The petitioners herein are the accused Nos.1 to 12 in [CASE NUMBER] of the Thrissur Town East Police Station registered under [SECTION] and [SECTION] of the [ACT] and under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT].
3. The de facto complainant is the Chairman of Aswini Hospitals Ltd. The prosecution allegation is that on 29.07.2015 at about 10.30 pm, the petitioners trespassed into the premises of Aswini Hospital, Thrissur and assaulted the de facto complainant and his workers causing injuries. It also alleged that they committed mischief and caused loss to the tune of Rs.25 lakhs.
4. Heard the learned counsel appearing for the petitioners, the party respondent and the learned Public Prosecutor.
5. The learned counsel appearing for the petitioners submitted that the victim and the offenders have arrived at a compromise and narrating the said fact, the victim has filed an affidavit before this Court. The termination of proceedings would resolve a festering private dispute between the parties and it is prayed that the proceedings be quashed.
6. The learned counsel appearing for the 2 nd respondent would also refer to the affidavit and it is submitted that the parties have not only buried the hatchet, but also have decided to live peacefully in future. According to the learned counsel, no purpose would be served in dragging these proceedings.
7. The learned Public Prosecutor, on instructions, submitted that the petitioners are not persons with criminal antecedents and that the State has no grievance in quashing the proceedings as no public interest is involved.
8. It is thus borne out from the submissions made at the bar that the parties have amicably settled their disputes on their own free will and without any kind of pressure, influence or coercion. The compromise, it is felt, is voluntary and genuine, and can be acted upon.
9. In [PRECEDENT], the Apex Court has held 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. This view was reiterated in Narinder Singh v. State of Punjab [(2014) 6 SCC 4[SECTION]] and [PRECEDENT].
10. Having considered the submissions advanced and on perusing the records, it appears that the offences are entirely personal in nature and do not affect public peace or tranquility. It is also felt that quashing of proceedings on account of compromise would bring about peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the de facto complainant and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony.
In the result, this petition is allowed. Annexure-A2 FIR in [CASE NUMBER] of the Thrissur Town East Police Station and all further proceedings pursuant thereto against the petitioners herein are quashed.
[ENTITY], JUDGE dsv TRUE COPY P.A. TO JUDGE APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE ORDER DATED 30-10-2015 IN [CASE NUMBER] OF THE HON'BLE SUPREME COURT OF INDIA.
ANNEXURE A2 TRUE COPY OF THE F.I.R. IN CRIME NO.
1892/2015 OF THRISSUR TOWN EAST POLICE STATION, ALONG WITH THE COMPLAINT DATED 29-7-2015.
ANNEXURE A3 TRUE COPY OF THE REPORT FILED BY THE INDEPENDENT CHAIRMAN APPOINTED BY THE COMPANY LAW BOARD, CHENNAI, ON 20TH JUNE 2015 BEFORE THE COMPANY LAW BOARD IN C.P. [SECTION]/2015.
RESPONDENT'S/S EXHIBITS:
NIL TRUE COPY P.A.TO JUDGE