Abdhul Hakeem, Ajmal Muhammed, Blesson KuriaKose and Javed Jamal v. State of Kerala and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Justice Ziyad Rahman A.A.
- Judgment Date
- 2022-06-17
- Court Decision / Holding
- This Crl.M.C. is allowed, Annexure-A1 FIR in Crime No. 815/2020 of Baliapattanam Police Station and all further proceedings thereof against the petitioners are hereby quashed.
- Final Disposition
- Quashed
Parties to the Case
Appellants / Petitioners
- Abdhul Hakeem
- Ajmal Muhammed
- Blesson KuriaKose
- Javed Jamal
Respondents
- Sreeraj M. (Sreeraj Mouveri)
- Abinav B.
- Radhamani O.
- Pooja V.K.
- Akshay K.P.
- Abiraj E.P.
- Sreekanth K.
- Sandeep K.
- Abhijith Babu Raj (Abhijith Babura j)
- Nikhil Nath A.
- Prajeesh C.
- Nived Valsaraj
- Abhinand
- Sree Vishnu K.
- Adarsh K.P.
- Ajmal P.P.
- Anurag Ajaykumar
- Akshay Raj P.
- Ashwin Manohar P.M.
- Shijin S.
- State of Kerala, represented by the Inspector of Police, Baliapattom Police Station, Kannur District
Legal Representation & Advocates
Counsels for Petitioners
- • Adv N.A. Shafeek
Counsels for Respondents
- • Sri M.P. Prashanth, Public Prosecutor for the State
- • Sri Fathima K., Advocate for respondents Nos.1 to 20
Case Synopsis & Summary
The petitioners, accused Nos. 1 to 4 in Baliapattam Police Station Crime No. 815 of 2020, challenge the registration of the case under IPC 420 and sections 3, 5, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, seeking to quash the proceedings under Section 482 Cr.P.C. The prosecution alleged that the petitioners lured people into a network marketing scheme by collecting Rs. 5,000 from each to provide products, which were not supplied and sums not returned. Annexure-A1 is the FIR. The petition is supported by affidavits from the respondents showing that the parties have settled their dispute and no money is owed, with the Station House Officer verifying the settlement as genuine. The State's counsel and the respondents contend that the matter is private and, in light of Gian Singh v. State of Punjab and Another (2012) 10 SCC 303, the court may exercise powers under 482 Cr.P.C. to quash where the settlement renders further prosecution unwarranted. The High Court agrees, finding the dispute purely private and that continued proceedings would not serve the interests of justice. Thus, the Crl.M.C. is allowed; the FIR and all further proceedings in Crime No. 815/2020 are quashed against the petitioners.
Provisions of Law Cited
Legal Doctrines & Maxims
- Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303 — principle allowing quashing under 482 Cr.P.C. in private settlements
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners submit that the dispute with the respondents is private and has been settled amicably as evidenced by affidavits (Annexures A3–A23). They contend that continued prosecution under IPC 420 and Prize Chits Act would be a futile exercise, given there is no chance of further cooperation or restitution. Citing Gian Singh v. State of Punjab and Another, they invoke the high court's inherent power under Section 482 Cr.P.C. to quash proceedings where a settlement results in no public interest in prosecuting the case. They argue that the criminal process should not be used as a tool for retribution when a private accord has been reached and the SHO has verified the agreement as genuine. They also assert that there is no prima facie evidence to proceed on the merits and that quashing would conserve judicial resources while serving substantial ends of justice.
Contentions of Respondents
The respondents support the settlement affidavits (Annexures A3–A23) and the verification by the Station House Officer, asserting that the dispute is private and the parties have no grievance; the State's counsel joined in the view that quashing is warranted in light of the private settlement.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Gian Singh v. State of Punjab and Another | (2012) 10 SCC 303 | Positive | The court relies on the Gian Singh doctrine to quash proceedings in light of a private settlement, under the powers of 482 Cr.P.C. |
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