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2021 Supreme(Online)(KER) 41758
HIGH COURT OF KERALA
ASHOK MENON, J
RAMSHEED K.K. – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/2400/2021
RAHUL SASI, SMT.NEETHU PREM, SHRI.VIVEK.P.K, SRI.NIRMAL V NAIR
The legal principle established is that courts can quash proceedings for compoundable offences when all parties settle the matter, and there is no public interest concern.
Headnote:
Criminal - Compounding of Offences - IPC Sections 143, 147, 148, 448, 427, 506(ii) and 149 - The court allowed compounding as the parties settled the matter and the offences were compoundable.
Fact of the Case:
The petitioners, accused in a criminal case, sought the quashing of proceedings after the legal representatives of the deceased complainant expressed no objection to the discharge of the accused due to a settlement, except for one respondent.
Finding of the Court:
The court noted that the objections raised were resolved by the execution of an affidavit by the dissenting respondent, affirming the settlement. The offences charged were found to be compoundable and not affecting public interest.
Issues: Whether to quash criminal proceedings based on a settlement among the aggrieved parties, considering one dissenting respondent's position.
Ratio Decidendi: The court recognized that criminal proceedings could be quashed under Section 482 of the Cr.P.C. when offences are compoundable and the continuation of the trial serves no purpose.
Final Decision: The court quashed the proceedings against the petitioners and discharged them.
O R D E R
Dated this the 30th day of June 2021 The petitioners are accused 1, 2 and 4 to 6 in Crime No.479/2016 of Hosdurg Police Station, which is presently pending as C.C.No.1862/2016 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, for having allegedly committed the offences punishable under Sections 143 , 147, 148, 448, 427 and 506(ii) read with Section 149 of the I.P.C.
2. The de facto complainant and aggrieved, who had filed the complaint, is no more and his legal representatives are respondents 2 to 6 herein. They have appeared through Counsel and filed affidavits to the effect that they have settled the matter with the petitioners and that they do not have any objection in discharging the accused.
3. Heard the learned Counsel for the petitioners and the learned Public Prosecutor, as also the learned Counsel for respondents 2 to 6.
4. The learned Public Prosecutor submits that one of the daughters, who is impleaded as 5th respondent, is not willing for a settlement, and all the rest have agreed to settle the matter. The de facto complainant- Sukumaran K., father of respondents 2 to 6, is no more as is evident from Annexure A2 death certificate. The allegations are of criminal trespass, mischief and criminal intimidation.
Even though the learned Public Prosecutor has, under instructions from the investigating officer, submitted that 5th respondent is not now willing for a settlement, she has executed an affidavit in front of the Advocate stating that the matter has been settled and that she has no objection in quashing the proceedings. The offences are all compoundable and neither grave nor affecting the public interest.
Under the above circumstances, I find that there is no purpose behind proceeding with the trial against the petitioners, who do not have any criminal antecedents also. Hence, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in C.C.No.1862/2016 on the files of the Judicial First Class Magistrate Court- I, Hosdurg, shall stand quashed under Section 482 of Cr.P.C. and the petitioners are discharged and set at liberty.
APPENDIX OF CRL.MC 2400/2021 PETITIONER ANNEXURE ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO.479 OF 2016 OF HOSDURG POLICE STATION.
ANNEXURE A2 THE TRUE COPY OF THE DEATH CERTIFICATE OF THE DEFACTO COMPLAINANT MR.SASINDRAN V.V.
ANNEXURE A3 THE TRUE COPY OF THE LEGAL HEIRS CERTIFICATE OF RESPONDENTS 2 TO 6.
ANNEXURE A4 AFFIDAVIT DATED 8.4.2021 SUBMITTED BY 2ND RESPONDENT.
ANNEXURE A5 AFFIDAVIT DATED 8.4.2021 SUBMITTED BY 3RD RESPONDENT.
ANNEXURE A6 AFFIDAVIT DATED 8.4.2021 SUBMITTED BY 4TH RESPONDENT.
ANNEXURE A7 AFFIDAVIT DATED 8.4.2021 SUBMITTED BY 5TH RESPONDENT.
ANNEXURE A8 AFFIDAVIT DATED 8.4.2021 SUBMITTED BY 6TH RESPONDENT.
