IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 29TH DAY OF SEPTEMBER 2016/7TH ASWINA, 1938 Crl.MC.No. 6140 of 2016 () CRIME NO. 247/2016 OF SREEKARIYAM POLICE STATION , THIRUVANANDAPURAM PETITIONER(S): 1. SREEHARI, AGED 23 YEARS, S/O.BALAKRISHNAN, RESIDING AT KARUPPATHU HOUSE, NEAR CIVIL STATION, CHAMMANKADAVU, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676 504. 2. INDRAJITH, AGED 20 YEARS, S/O.T.N.SURESH BABU, DEEPTHI VILASOM, MAILACKAL, PLACHERY P.O., PATHANAPURAM TALUK, PUNALUR, KOLLAM, PIN - 691 305. 3. AKSSHYLOHI, AGED 21 YEARS, S/O.LOHITHAKSHAN N.K., RESIDING AT AKSHY VILLAH, KARAKALIPARAMBU, MANNUR P.O., KOZHIKODE DISTRICT, PIN - 673 328. 4. SREENATH, AGED 21 YEARS, S/O.SUKUMARAN, RESIDING AT PODIYARA HOUSE, ANANDASRAM VIA BELUR VILLAGE, ATTENGANAM P.O., KASARAGODE DISTRICT, PIN - 671 531. CONTD :2: 5. NASHID V.P., AGED 20 YEARS, S/O.NAZAR, RESIDING AT KANIYARPOYIL HOUSE, KODUVALLY P.O., KOZHIKODE DISTRICT, PIN - 673 572. 6. SIDHARTH V., AGED 20 YEARS, RESIDING AT PUTHENPURAYIL AREINKAVU VILLAGE, ACHANKOVIL P.O., KOLLAM DISTRICT, PIN - 691 [SECTION]. 7. RAMESH P.V., AGED 19 YEARS, S/O.VELAYUDHAN, RESIDING AT PANATTIL HOUSE, THEKUNGKARA VILLAGE, KUNDUKAD P.O., THRISSUR, PIN - 680 028. BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. VISHNU A.V., AGED 21 YEARS, S/O.VIJAYAKUMAR, RESIDING AT USHAS, PATTENA, NEELESHVARAM P.O., KASARGOD, PIN - 671 314. 3. JAYAKRISHNAN, AGED 21 YEARS, S/O.JAYACHANDRAN, RESIDING AT REVATHY HOUSE, PALLIKATHODE, ARUVIKKUZHI P.O., KOTTAYAM DISTRICT, PIN - 686 503. R2-3 BY ADV. SRI.AJOY VENU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CONTD :3: Crl.MC.No. 6140 of 2016 () APPENDIX PETITIONER(S)' EXHIBITS ANNEXURE A. CERTIFIED COPY OF THE FIR IN CRIME NO:247/2016, OF THE SREEKARYAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, [SECTION],[SECTION], [SECTION], [SECTION] AND [SECTION] OF THE INDIAN PENAL CODE. ANNEXURE A. THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE RESPONDENTS 2 TO 3/DEFACTO COMPLAINT VICTIMS. RESPONDENT(S)' EXHIBITS : NIL TRUE COPY P.A. TO JUDGE SKS [ENTITY], J - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 6140 of 2016 - - - - - - - - - - - - - - - - Dated 29th September, 2016 - - - - - - - - - - - - - - - - - - - - - - - - ORDER
1.This petition under [SECTION] of the [ACT] (for short 'Code') has been preferred by the petitioners herein for quashing the proceedings in [CASE NUMBER] of the Sreekaryam Police Station. The said crime has been registered at the instance of the 2nd respondent herein alleging offences punishable under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT].
2.The prosecution allegation against the petitioners who are accused Nos. 1 to 7 in the said crime is that on 28.02.2016 at 6.00p.m, the petitioners formed themselves into an unlawful assembly and in prosecution of the common object, criminally restrained the respondents 2 and 3 and assaulted them with dangerous weapons and caused injuries.
3.The respondents 2 and 3 have entered appearance through their counsel. It is submitted that the petitioners and respondents 2 and 3 are students of the College of Engineering, Trivandrum and the incident had occurred in the course of a program conducted in the College. It is submitted that in order to maintain peace and tranquility the parties have buried the hatchet and have decided to settle all the disputes between them and to live in harmony. They assert that they do not wish that the criminal proceedings against the petitioners should continue.
4.The learned counsel appearing for the petitioners submits that in view of the settlement arrived at between the parties, this Court will be justified in quashing the proceedings.
5.The learned Public Prosecutor after getting instructions has expressed his reservations in the matter of quashing the proceedings on the basis of settlement. It is submitted that the invocation of powers under [SECTION] of the Code in a case of this nature is not warranted. However, it is submitted that no other cases are reported against the petitioners.
6.In [PRECEDENT], the Apex Court has crystalised the position in respect of the powers vested in the High Court under [SECTION] of the [ACT], to quash criminal proceedings. It was held that the power vested in the High Court under [SECTION] of the [ACT], is not limited to quashing proceedings within the ambit and scope of [SECTION] of the [ACT]. The three - Judge Bench in the above case, clearly expounded, that quashing of criminal proceedings under [SECTION] of the [ACT], could also be based on settlements between private parties, and could also on a compromise between the offender and the victim. Only that, the above power did not extend to crimes against the society. It is also relevant to mention, that the jurisdiction vested in the High Court under [SECTION] of the [ACT], for quashing criminal proceedings, was held to be exercisable in criminal cases having an overwhelming and predominatingly civil flavour, particularly offences arising from commercial, financial, mercantile, civil, partnership, or such like transactions. Or even offences arising out of matrimony relating to dowry etc. or family disputes where the wrong is basically private or personal. In all such cases, the parties should have resolved their entire dispute by themselves, mutually. Further, guidelines were issued by the Apex Court in [PRECEDENT] and recently in Rajesh Kamath J. and Others v. Mohana Kurup and Others [AIR 2016 SC 2452].
7.I have considered the rival submissions and I have gone through the materials on record. The offence committed by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society. More over, when the party respondents have settled the matter, the possibility of conviction is remote and bleak and the continuation of the criminal case against the petitioners would be a futile exercise. It would also put the petitioners and the party respondents to great oppression and prejudice
8.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under [SECTION] of the Code to quash the proceedings.
In the result, this petition will stand allowed. Annexure-A, FIR in [CASE NUMBER] of the Sreekaryam Police Station and all proceedings pursuant thereto against the petitioners are quashed.
[ENTITY], JUDGE SKS TRUE COPY P.A. TO JUDGE