Vishnu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 Crl.MC.No. 4512 of 2015 ------------------------- SC 152/2015 of ASSISTANT SESSIONS COURT, CHENGANNUR CRIME NO. 974/2009 OF CHENGANNOOR POLICE STATION, ALAPPUZHA PETITIONER(S)/ACCUSED NO.1-3::
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1. VISHNU AGED 24 YEARS S/O.VIJAYAN, RESIDING AT AYLITHARA HOUSE, PERISERRI CHENGANNUR, ALAPPUZHA DISTRICT. PIN-688001
2. SAJITH, AGED 23, S/O.KUJUKUTTY RESIDING AT AYLITHARA HOUSE, PERISERRI CHENGANNUR, ALAPPUZHA DISTRICT.PIN-688001
3. AMEESH @ AMITH AGED 30 YEARS S/O.ACHUTAHN RESIDING AT PONOTHARA HOUSE PULIYOOR MURI, CHENGANNUR, ALAPPUZHA. PIN-688001 BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT AND INJURED: ----------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKUALAM.
2. SIJEESH, S/O.SUKUMRAN, AGED 36 YEARS RESIDING AT POOVAPPALLY S.S. VILLA, PERISERRI CHENGANNUR, ALAPUZHA DISTRICT. PIN-688001
3. SIBEESH, AGED 34 YEARS S/O.SUKUMRAN, RESIDING AT POOVAPPALLY S.S. VILLA PERISERRIMURI, CHENGANNUR, ALAPUZHA DISTRICT. PIN-688001
4. SARASAMMA, AGED 54, W/O.SUKUMARAN, RESIDING AT POOVAPPALLY S.S.VILLA PERISERRI, CHENGANNUR, ALAPUZHA DISTRICT. PIN-688001 BY ADV. SRI.RAVI KRISHNAN BY PUBLIC PROSECUTOR SRI. DHANESH MAHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4512 of 2015 --------------------------- APPENDIX ANNEXURES ---------------------- A1:CERTIFIED COPY CHARGE IN S.C NO.152/2015 ASSISTANT SESSIONS COURT, CHENGANNUR A2: AFFIDAVIT OF 2ND RESPONDENT A3:AFFIDAVIT OF 3RD RESPONDENT A4: AFFIDAVIT OF 4TH RESPONDENT TRUE COPY P.S TO JUDGE
RAJA VIJAYARAGHAVAN.V. J - - - - - - - - - - - - - - - - - - - - Crl.M.C. 4512 of 2015 - - - - - - - - - - - - - - - - Dated 17th July, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
ORDER
1.
This petition is filed u/s 482 of the Code of Criminal Procedure by the accused 1 to 3 in S.C.152 of 2015 on the files of the Assistant Sessions Court, Chengannur. The said case had arisen out of crime No.974 of 2009 of Chengannur police station registered at the instance of the 2nd respondent herein alleging offense punishable under S 323, 324, r/w S 34 of the I.P.C.
2.
The prayer in this petition is to exercise the inherent powers of this Court under Section 482 of the Code and to quash the pending criminal proceedings. It is submitted that the matter has been settled between the parties inter se.
3.
I have heard the learned counsel for the petitioners,
the learned counsel appearing for respondents 2 to 4 and also the learned Public Prosecutor 4.
The learned counsel appearing for the petitioners has submitted that at the instance of the father of the 1st petitioner, a crime was registered which has been charge sheeted and the same is pending as S.C.107 of 2012. Parties have mediated at the instance of well wishers and have decided to settle both the cases. The learned counsel appearing for respondents 2 to 4 has submitted that they have filed separate affidavits asserting that the whole disputes between the respondents and petitioners herein have been settled and that they do not wish that the criminal proceedings as against the petitioners should continue any further.
5.
I am convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquility. It has been held by the Apex Court ,
that the High court, while exercising powers under S. 482 will be justified in quashing cases involving even noncompoundable offences if the disputes are really private in nature and no public interests are involved provided that the offenses are not of the gravely objectionable nature. I have anxiously gone through the relevant records and also the affidavit filed by the defacto complainant. I am convinced that the extraordinary powers under S 482 can be invoked as the case falls within the matrix of guidelines laid down by the Apex Court in Gian Singh v. State of Punjab ( 2012 (4) KLT 108 ) and in Narinder Singh and others v. State of Punjab (2014) 6 SCC 466 and other cases. It is also felt that quashing of the instant proceedings would bring about peace and secure ends of justice. No purpose will be served in subjecting the parties to the ordeal of a protracted trial in view of the settlement. It will only enure to waste valuable judicial hours. I am therefore of the view that the criminal proceedings pending as against the
petitioners can be quashed by invoking the inherent powers of this Court under S 482 of the Code of Criminal Procedure.
5.
In the result, this Crl.M.C is allowed. All further proceedings in S.C.152 of 2015 in the files of the Assistant Sessions Court, Chengannur, shall stand quashed. SD/- RAJA VIJAYARAGHAVAN.V.
Judge Mrcs //True Copy// P.S.To Judge