IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
P. VIJESH – Petitioner
Versus
STATE OF KERALA & OTHERS – Respondents
Criminal M.C. No. 2675 & 2676 of 2015
Decided On : 27.5.2015
Quashment of Criminal Proceedings - Caroms Game - Sections 324 and 323 of the I.P.C. - Section 308 - Settlement between Parties - Exercise of Discretion for Quashment
Fact of the Case:
The petitioner is the sole accused in a case involving offences under Sections 324 and 323 of the I.P.C. The case arose from disputes during a caroms game, and a counter case was also registered. The parties reached a settlement, and the court considered the exercise of discretion for quashment.
Finding of the Court:
The court found that the possibility of securing any conviction in the cases appeared to be quite remote and bleak. It invoked its power under Section 482 of the Cr. P.C. and quashed the criminal proceedings against the petitioner in both cases.
Issues: The issues involved the exercise of discretion for quashment based on settlement between the parties, contradictory versions of the incident, and the remote possibility of securing a conviction.
Ratio Decidendi: The court relied on the guidelines laid down by the Supreme Court in Narinder Singh and Others vs. State of Punjab and Another, (2014) 6 SCC 466, regarding the exercise of discretion for quashment, especially in cases involving heinous offences. It also considered the timing of the settlement and the nature of the offences.
Final Decision: The court quashed the criminal proceedings against the petitioner in both cases, considering the settlement between the parties and the remote possibility of securing a conviction.
1. The petitioner in Criminal M.C. No. 2675 of 2015 is the sole accused in Crime No. 349 of 2012 of Nileshwar Police Station, Kasargod district, now pending as S.C. No. 94 of 2015 on the file of the Additional Sessions Judge-II, Kasargod. The offences involved are those punishable under Sections 324 and 323 of the I.P.C. The prosecution allegation is that on 10.6.2015, at about 20 Hrs. the accused had intercepted the defacto complainant in connection with disputes relating to caroms game near the Purusha Swayam Sahaya Sangam office adjacent to the Nileshwaram Block Office in Perol village and slapped the defacto complainant and thus committed the above offences. The 2nd respondent herein is the defacto complainant in the instant Crime No. 349 of 2012. It is also pointed out that a counter case was registered as Crime No. 348 of 2012 of Nileshwar Police Station against the 2nd respondent in Criminal M.C. No. 2675 of 2015, for offences under Sections 341, 323, 326, 308 read with Section 34 of the IPC. The 2nd respondent in Criminal M.C. No. 2675 of 2015 has filed Criminal M.C. No. 2676 of 2015 with a prayer to quash the impugned Criminal proceedings pending against him arising out of the above said Crime No. 348 of 2012. The prayer in Criminal M.C. No. 2675 of 2015 is to quash the entire Criminal proceedings pending against the petitioner therein arising out of the Crime No. 349 of 2012 of the above said Police Station. The allegation in relation to the crime in respect of Criminal M.C. No. 2676 of 2015 is in connection with disputes relating to caroms game on 10.6.2012 at about 20 Hrs. The accused therein intercepted the defacto complainant near the Pratheeksha Purusha Swayam Sahaya Sangam office adjacent to the Nileshwaram Block Office in Perol village and slapped the defacto complainant and stabbed on the right side of his stomach and attempted to stab on his chest and if the defacto complainant has not evaded from that attempt, his death might have been caused and thus he committed the offence.
2. It is submitted on behalf of the petitioner in Criminal M.C. No. 2765 of 2015 and the petitioner in Criminal M.C. No. 2676 of 2015 that the entire disputes arose between these two sets of rival parties in relation to caroms game near the Purusha Swayam Sahaya Sangam office adjacent to the Nileshwaram Block office in Perol Village and this is the case even set up in the impugned FIRs in both the crimes. The contesting respondents 2 and 3 in Criminal M.C. No. 2675 of 2015 are the petitioner in Criminal M.C. No. 2676 of 2015 and contesting respondent No. 2 in Criminal M.C. No. 2676 of 2015. The contesting respondent No. 2 in Criminal M.C. No. 2676 of 2015 is the petitioner in Criminal M.C. No. 2675 of 2015. The contesting respondents in these two respective Criminal Miscellaneous Cases have sworn to affidavits, which are produced in these cases, stating that the entire disputes between the rival parties have been settled and agreements in that regard have also been executed making out the compromise and the said documents are also produced in these Criminal Miscellaneous Cases. The respective contesting respondents in these cases have also stated that they have no objection whatsoever for quashment of the impugned Criminal proceedings pending as against the respective petitioners in these cases. It is also to be noted that going by very allegations projected in these respective crimes, the time and date of occurrence is 20 Hrs. on 10.6.2012 and it is exclusively stated in the FIRs registered by the Police in the aforesaid crimes that the entire disputes arose out of caroms game near the venue near the Nileshwaram Block office. The allegation in one crime is that the accused therein had intercepted the defacto complainant concerned. Therefore, on a mere reading of the projection of the case made out in the impugned FIRs is that the entire disputes arose out of caroms game played near the venue in question and the conflicting versi
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