Back
SUPREME COURT OF INDIA
ABHAY S. OKA, UJJAL BHUYAN, JJ.
Ramesh Kumaran & Anr. – Appellants
Versus
State, through the Inspector of Police & Anr. – Respondents
Criminal Appeal No.1318 of 2025
Decided On : 27-03-2025
Contempt of Courts Act, 1972 – Section 12 – Constitution of India – Articles 215 and 142 – Indian Penal Code, 1860 – Sections 294(b), 323 and 506(1) – Dispute between two Advocates – There are allegations and counter-allegations by both parties – Second respondent has tendered sincere and unconditional apology not only to this Court, but also to first appellant, Bar Council of Tamil Nadu, and Kodaikanal Bar Association – First appellant would have reciprocated by showing grace and accept apology tendered by second respondent, who is his colleague in legal profession – However, first appellant did not do so and went to the extent of giving a threat to this Court that in case this Court quashes FIR registered against second respondent, he would commit suicide – This conduct amounts to interference with administration of justice – It is contemptuous and unbecoming of a member of Bar – Pending cases may adversely affect professional prospects of both first appellant and second respondent – If magnanimity is to be shown by someone, same should be done by persons holding highest constitutional office – First appellant has shown some repentance by tendering unconditional apology and by giving undertaking not to repeat such misconduct – In view of apology and in peculiar facts of case, it is proper not to initiate any action against first appellant – There are cases and cases which come before courts where litigants are not in a position to understand what is in their best interest – Even if litigants do not understand what is in their best interest, it is duty of Court to deliver substantial justice – It is in personal and professional interests of both parties that proceedings based on FIRs should be quashed – In exercise of jurisdiction under Article 142 of Constitution of India, FIRs quashed. (Paras 9, 10, 11, 12, 14, 15, 16 and 17)
Facts of the case:
Allegation is that three persons assaulted the first appellant. Thereafter, second respondent punched the first appellant on the nose with his right hand. First appellant has alleged in the FIR that the fight arose from past animosity, as he had a verbal altercation with the second respondent in Kodaikanal Court three years back. Accordingly, FIR No. 499 of 2017 was registered on 21st December 2017 at 8.30 pm alleging commission of offences under Sections 294(b), 323 and 506(1) of the Indian Penal Code, 1860 against second respondent and two other persons. According to the appellants, charge sheet has already been filed in said case.
Findings of Court:
Apology and undertakings of both first appellant and second respondent are taken on record.
Result : Appeal allowed.
JUDGMENT :
(Abhay S. Oka, J.)
FACTUAL ASPECTS
1. This appeal arises out of a dispute between the first appellant and the second respondent who are both members of the Bar and practise before the Courts in Kodaikanal. The second appellant is the father of the first appellant. Two First Information Reports (for short, ‘FIR’) were registered as a result of a dispute between the first appellant and the second respondent. According to the appellants, on 18th December 2017, the second respondent and two other persons assaulted the appellants. Therefore, FIR No.499 of 2017, which was the first FIR, was registered at the instance of the first appellant. It is alleged in the said FIR that at 4.45 pm on 18th December 2017, while the first appellant was walking near Kodaikanal Lake, the second respondent and two unidentified persons were drinking alcohol in a car. The allegation is that the said three persons assaulted the first appellant. Thereafter, the second respondent punched the first appellant on the nose with his right hand. The nose started bleeding. The first appellant has alleged in the FIR that the fight arose from past animosity, as he had a verbal altercation with the second respondent in the Kodaikanal Court three years back. Accordingly, FIR No. 499 of 2017 was registered on 21st December 2017 at 8.30 pm alleging the commission of offences under Sections 294(b), 323 and 506(1) of the Indian Penal Code, 1860 (for short, ‘IPC’) against the second respondent and two other persons. According to the appellants, charge sheet has already been filed in the said case.
2. The present appeal relates to the second FIR, which is FIR No.500 of 2017, registered at the instance of the second respondent against the appellants. It related to the same incident and was also registered on 21st December 2017, half an hour after FIR No.449 of 2017 was registered. The allegation made by the second respondent is that on 18th December 2017, while he was standing near Sterling Resort near the Kodaikanal Lake, the first appellant came there and abused him with filthy words and started verbally arguing with him. Thereafter, he called the second appellant on the phone, and both of them abused him with foul language. They also threatened him, stating that since he belonged to another city, he should leave this city or they would kill him. Therefore, FIR No. 500 of 2017 was registered at the instance of the second respondent for the offences punishable under Sections 294(b), 323 and 506(1) of the IPC. It appears that a closure report was filed by the police. Thereafter, the second respondent filed a protest petition on which cognizance was taken by the Judicial Magistrate at Kodaikanal on 1st October, 2019. Therefore, the appellants filed a petition before the High Court for quashing the criminal proceedings before the Judicial Magistrate at Kodaikanal. By the impugned judgment dated 29th September, 2023, the High Court has dismissed the petition.
3. When the SLP against the impugned judgment came up for hearing on 9th July 2024, this Court issued notice and stayed the criminal proceedings pending before the Judicial Magistrate, Kodaikanal. On 21st October 2024, this Court passed the following order:
List on 29th November, 2024.
We are of the view that as the prosecution arises out of a dispute between the two members of the Bar, it will be in the interest of both to settle the same amicably.
Interim relief granted earlier by this Court shall continue to operate.
Counter affidavit to be filed within a period of three weeks.”
4. Thereafter, on 18th December 2024, this Court passed an order directing the first appellant and second respondent to remain present before this Court through video conference on 27th January 2025. The order passed by this Court on 27th January 2025 reads thus:
(1) – If magnanimity is to be shown by someone, same should be done by persons holding highest constitutional office.(2) Even if litigants do not understand what is in their best interest, it is duty....
The central legal point established in the judgment is the court's power to quash criminal proceedings based on the amicable settlement between the parties, considering the nature and gravity of the ....
High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause o....
Private nature of the dispute, amicable resolution, and the exercise of inherent powers under Section 482 of the Code of Criminal Procedure to quash the FIR and related proceedings.
The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings to meet the ends of justice, especially in cases of compromise between the parties.
Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recogni....
High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
