Kerala High Court
Crl.MC/8947/2017 of RENJITH @ SWAMIKUTTAN Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Crl.MC.No. 8947 of 2017 () --------------------------- AGAINST SC NO.735/2012 IN THE ADDITIONAL SESSIONS COURT - III, ALAPPUZHA [CRIME NO.143/2012 OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Crl.MC.No. 8947 of 2017 () --------------------------- AGAINST SC NO.735/2012 IN THE ADDITIONAL SESSIONS COURT - III,ALAPPUZHA
[CRIME NO.143/2012 OF HARIPPAD POLICE STATION , ALAPPUZHA]
PETITIONERS/ACCUSED 1- 6:
-------------------------
1. RENJITH @ SWAMIKUTTAN
AGED 28 YEARS, S/O.RAVEENDRAN, PUTHAN KANDATHIL VEETTIL, ANARI, CHERUTHANA, ALAPPUZHA. ANARI, CHERUTHANA, ALAPPUZHA.
2. SYAM KUMAR
AGED 34 YEARS, S/O.GOPALAKRISHNAN,
KOTHAKULATHU VEETTIL, KARICHAL MURI, VEEYAPURAM, ALAPPUZHA. ALAPPUZHA.
3. SATHYARAJ @ SATHYAN KARICHAL MURI, VEEYAPURAM, ALAPPUZHA.
AGED 31 YEARS, S/O.SASI, KOLLATHARAYIL VEETTIL,
4. DILEEP
AGED 24 YEARS, S/O.DAMODARAN, ALUMOOTTIL VEETTIL, ANARI MURI, CHERUTHANA, ALAPPUZHA.
5. SURJITH
AGED 24 YEARS, S/O.SURESH BABU, SUJITH BHAVANAM, THULAMPARAMBU, HARIPPAD.
6. SURYA KRISHNA @ KANNAN, ANARI MURI, CHERUTHANA VILLAGE. ANARI MURI, CHERUTHANA VILLAGE.
AGED 24 YEARS, S/O.SREEKUMAR, KANKALIL VEETTIL, BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENTS/DE-FACTO COMPLAINANT/CW'S:
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-31.,
REP. BY THE SI OF POLICE, HARIPAD POLICE STATION, PIN-695 014.
2. HARIKUMAR
AGED 40 YEARS, S/O.GOPINATHAN NAIR, SREENILAYAM VEETTIL, THULAMPARAMBU VADAKKU MURI, HARIPAD-690 514. THULAMPARAMBU VADAKKU MURI, HARIPAD-690 514.
3. RETNAMMA
AGED 52 YEARS, D/O.SARASWATHY AMMA, CHAKOOR MADATHIL, THULAM VADAKKUM MURI, HARIPPAD-690 514. THULAM VADAKKUM MURI, HARIPPAD-690 514.
4. SUDHEESH KUMAR @ SUDHEESH
AGED 24 YEARS, S/O.SUKUMARAN, SUMESH BHAVANAM, ANARI MURIYIL, CHERUTHANA, HARIPAD-690 514. ANARI MURIYIL, CHERUTHANA, HARIPAD-690 514.
5. SARATH @ BIPIN
AGED 27 YEARS, S/O.SADHANANDHAN, THARAYIL VEETTIL, THULAMPARAMBU, HARIPAD-690 514. THULAMPARAMBU, HARIPAD-690 514.
BY ADV. SRI.S.ANIL (PADINJAREKOTA)
BY PUBLIC PROSECUTOR SRI.U.B. UDAYA KUMAR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8947 of 2017 ()
APPENDIX
PETITIONERS' EXHIBITS:---------------------- ANNEXURE A1 -COPY OF THE FINAL REPORT.ANNEXURE A2 -COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT.ANNEXURE A3 -COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT.ANNEXURE A4 -COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT.ANNEXURE A5 -COPY OF THE AFFIDAVIT OF THE 5TH RESPONDENT.
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RESPONDENTS' EXHIBITS:- NIL--------------------- //TRUE COPY//
P.A. TO JUDGE
sp
RAJA VIJAYARAGHAVAN V, J.
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Crl.M.C. No.8947 of 2017--------------------------------------- Dated this the 29[th] day of December, 2017
O R D E R
1. This petition is filed under Section 482 of the Code of CriminalProcedure [hereinafter referred to as 'the Code'] with a prayerto invoke the extraordinary inherent powers and to quash thepending criminal proceedings.Procedure [hereinafter referred to as 'the Code'] with a prayerto invoke the extraordinary inherent powers and to quash thepending criminal proceedings.
2. The petitioners herein are accused Nos.1 to 6 in Crime No.143of 2012 of the Haripad Police Station registered allegingoffences punishable under Sections 143, 147, 148, 149, 452,294(b), 323, 324, 308 IPC read with Section 27 of the ArmsAct. Final report was laid and the case is now pending as SCNo.735 of 2012 on the files of the Addl. Sessions Judge-III,Alappuzha.of 2012 of the Haripad Police Station registered allegingoffences punishable under Sections 143, 147, 148, 149, 452,294(b), 323, 324, 308 IPC read with Section 27 of the ArmsAct. Final report was laid and the case is now pending as SCNo.735 of 2012 on the files of the Addl. Sessions Judge-III,Alappuzha.
3. The proceedings are sought to be quashed on the basis of asettlement arrived at between the parties. Respondents 2 to 5are the injured victims. They have entered appearance throughtheir counsel. Separate affidavits have been filed by thesettlement arrived at between the parties. Respondents 2 to 5are the injured victims. They have entered appearance throughtheir counsel. Separate affidavits have been filed by the Crl.M.C. No.8947 of 2017
2
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respondents reporting the factum of settlement.
4. I have heard the submissions advanced by the learned counselappearing for the petitioners, respondents 2 to 5 and also thelearned Public Prosecutor.appearing for the petitioners, respondents 2 to 5 and also thelearned Public Prosecutor.
5. The learned counsel appearing for the parties submits that inview of the resolution of the disputes, the proceedings beforethe criminal Court is a futile exercise. view of the resolution of the disputes, the proceedings beforethe criminal Court is a futile exercise.
6. The learned Public Prosecutor after getting instructionsexpresses his reservations in the matter. However it issubmitted that the petitioners are not persons with criminalantecedents.expresses his reservations in the matter. However it issubmitted that the petitioners are not persons with criminalantecedents.
7. I have considered the submissions.
8. The position with regard to quashing of proceedings on thebasis of a compromise arrived at between the parties is by nowwell settled. Sufficient guidelines have been issued by the ApexCourt, the latest being reported in Parbatbhai Aahir @Parbatbhai Bhimsinhbhai Karmur and Others v. State ofGujarat and Another [2017 (12) SCALE 187].basis of a compromise arrived at between the parties is by nowwell settled. Sufficient guidelines have been issued by the ApexCourt, the latest being reported in Parbatbhai Aahir @Parbatbhai Bhimsinhbhai Karmur and Others v. State ofGujarat and Another [2017 (12) SCALE 187].
9. The offence committed by the petitioners cannot be said to beheinous and serious involving extreme mental depravity andheinous and serious involving extreme mental depravity and Crl.M.C. No.8947 of 2017
quashing of the proceedings may not have a serious impact on the society . It is felt that termination of the criminalproceedings on account of compromise would bring aboutpeace between the parties. Even otherwise, persisting with theprosecution would be nothing but a waste of time as theprospects of conviction would be bleak in view of thesettlement arrived at.
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10. Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invokingits extra ordinary powers under Section 482 of the Code toquash the proceedings.
In the result, this petition will stand allowed and Annexure-1final report and all further proceedings pursuant theretoagainst the petitioners now pending as SC No.735 of 2012 onthe file of the Addl. Sessions Judge-III, Alappuzha are quashed.
Sd/-
RAJA VIJAYARAGHAVAN.V.
JUDGE
sp/29/12/17
//True Copy//
P.A. to Judge
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