No criminal proceedings against accused when the settlement has been done between the parties: High Court of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY THE 14TH DAY OF MAY 2021 24TH VAISAKHA 1943 Crl.MC.No.2301 OF 2021(G AGAINST CC NO.77 2021 PENDING BEFORE THE HON BLE JUDICIAL FIRST CLASS MAGISTRATE COURT I KOZHIKODE PETITIONERS ACCUSED NO.1 TO 6 NASEEF SAKHAFI AGED 30 YEARS S O. KUNJI MUHAMMAD CHOLAPPARAMBIL KAADAMBUZHA MALAPPURAM PIN:676 553 JABIR P. AGED 24 YEARS S O. SIDDIQUE MANAPPURATH THAZHATH HOUSE KIZHAKKUMURI KAKKODI KOZHIKKODE PIN: 673 611 ANVAR M.P. AGED 50 YEARS S O. MUHAMMAD MELE PANAKKATTU HOUSE KONOTT KOZHIKKODE JABEER M. AGED 21 YEARS S O.UMMAR KONTHAM VEETIL HOUSE KONOTT P.O. KUNNAMANGALAM KOZHIKODE PIN: 673 571 HARIS.P. AGED 46 YEARS S O.MARAYKKAR KAKKAT HOUSE KURUVATTOOR P.O. KAKODI KOZHIKODE PIN: 673 011 ABDUL MUSAFIR AGED 30 YEARS S O. MUSTHAFA PULLIL PEEDIKAYILKONOTT P.O. KUNNAMANGALAM KOZHIKODE PIN: 673 571 BY ADV. SRI.R.ROHITH RESPONDENTS STATE AND DEFACTO COMPLAINANT STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM PIN: 682 031 FASAL RAHMAN K.K. AGED 35 YEARS S O. MAMUKUTTI KARIMBANAKANDI NORTH KARASSERI MUKKAM KOZHIKODE PIN: 673 602 R2 BY ADV. SRI.SAYED MURTHALA THANGAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.05.2021 THE COURT ON THE SAME DAY PASSED THE FOLLOWING Crl.MC.No.2301 OF 2021(G 2 P.V.KUNHIKRISHNAN J Crl.M.C. No. 2301 of 2021 Dated this the 14th day of May 2021 O R D E R This petition is filed under Sec. 482 of the Cr.P.C. to quash the entire proceedings in C.C.No.721 on the file of the Judicial First Class Magistrate Court I Kozhikode. The above case is registered against the petitioners alleging offences punishable under Sections 143 147 323 r w Section 149 of the IPC 2. When this matter came up for consideration the learned counsel for the petitioners submitted that the entire disputes between the petitioners and the 2nd respondent are settled out of court. Annexure A3 is the signed affidavit filed by the 2nd respondent. A counsel also appeared for the 2nd respondent. The counsel submitted that the matter is settled. The Public Prosecutor also submitted that the Crl.MC.No.2301 OF 2021(G 3 matter is settled. In the light of the above facts there is no purpose in continuing this criminal prosecution against the Having considered the gravity of the offences alleged nature of the injury caused and having perused the affidavit filed by the respondent No. 2 the contents of which are submitted to be true and voluntary I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Moreover in view of the settlement arrived at between the parties there is no possibility of the criminal proceedings ending in conviction As such continuance of the proceedings will amount to an abuse of process of court and hence in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab4 SCC 582] and Gian Singh v. State of Punjab and another 2012) 10 SCC 303] there is no impediment in granting Crl.MC.No.2301 OF 2021(G 4 Hence this Crl.M.C. is allowed. All further proceedings in C.C.No.721 on the file of the Judicial First Class Magistrate Court I Kozhikode are quashed Crl.MC.No.2301 OF 2021(G 5 PETITIONER S S EXHIBITS A CERTIFIED COPY OF THE FIR DATED 07.05.2019 I CRIME NO. 306 OF 2019 OF CHEVAYUR POLICE STATION KOZHIKODE A CERTIFIED COPY OF THE FINAL REPORT DATED 31.12.2020 FILED BEFORE THE HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT 1 KOZHIKODE IN C.C. NO. THE AFFIDAVIT DATED 10.04.2021 SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT

Summary: The process of the court will get abused by the continuance of criminal proceedings in a matter where the settlement has been done. A single bench judge comprising Hon’ble Justice P. V. Kunhikrishnan dealt with the issue of quashing an entire criminal case after the settlement had been done between the parties, in the case Naseef Sakhfi and others V. State of Kerala and other [Crl. MC. No. 2301 of 2021(G)] of Kerala High Court. The petitioners were alleged of the offences punishable under sections 143, 147, 323 results withheld Section 149 of IPC. The petition filed under Section 482 of the Code of Criminal Procedure to cancel the punishments given in C.C.No.77 of 2021 on the file of the Judicial First Class Magistrate Court – I, Kozhikode, in which all six petitioners were
accused, as the counsel of both the parties agreed that the matter has been settled out.
Also, the public prosecutor from the side of the first respondent agreed that the matter is settled out. The second respondent namely Fasal Rehman K. K.(35) has submitted an affidavit into which he, with his free consent, agreed to settle the matters. Seeing the facts and settlement to be true and voluntary the court found that there is no reason for continuing a criminal prosecution in opposition to the petitioners. And it was felt by the court that if the proceedings had continued, it would be abuse to the process of the court.
The court said: “Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the respondent No. 2 the contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief.”