Abdulla v. State of Kerala; Rafeeque N v. State of Kerala; Firos M.P. v. State of Kerala (CRL.M.C Nos. 3697/2022, 3701/2022, 3708/2022)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ziyad Rahman A.A.
Judgment Date: 2022-06-24
Court Decision / Holding: Crl.M.Cs are allowed. All further proceedings in S.C.No.48 of 2021, S.C.No.661 of 2019 and S.C.No.1100 of 2019 before the Assistant Sessions Court, Kannur pursuant to Crime No.362 of 2018 of Sreekandapuram Police Station are hereby quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Abdulla
Rafeeque N
Muhammed Kunhi
Ashik
Faisal
Safeer
Firos M.P.

Respondents

State of Kerala represented by Public Prosecutor
Dhanesh T.

Legal Representation & Advocates

Counsels for Petitioners

• M. Muhammed Shafi
• T. Rasini Ayisha
• Afrin A.V.K.

Counsels for Respondents

• K.P. Muhammed Basheer
• Sudheer Gopalakrishnan

Case Synopsis & Summary

This is a triad of criminal miscellaneous petitions filed in the Kerala High Court by seven accused persons in Crime No. 362/2018 of Sreekandapuram Police Station, Kannur, seeking quashing of proceedings before the Assistant Sessions Court, Kannur. The offences alleged span multiple IPC sections (143, 147, 148, 341, 323, 324, 326, 506(ii) and 308 read with 149), ostensibly arising from an unlawful assembly linked to political rivalries on 03.08.2018. The petitions contend that the dispute is private in nature and has been settled, supported by Annexure-A2 (an affidavit by the second respondent) declaring no grievances and no objection to quashing. The respondents’ counsel acknowledge the settlement; the second respondent expressly confirms and supports the quashing prayer. The High Court notes the lack of serious injuries and the private character of the dispute, and, citing Gian Singh v. State of Punjab and Another, finds the chances of successful prosecution bleak. Consequently, applying the inherent power under Section 482 Cr.P.C., the court allows the petitions and quashes the ongoing trials: S.C. No. 48/2021, S.C. No. 661/2019, and S.C. No. 1100/2019. The order underscores the primacy of settlement and the need to avoid fruitless prosecution in private-dispute cases.

Provisions of Law Cited

IPC: 143, 147, 148, 341, 323, 324, 326, 506(ii), 308 read with 149Cr.P.C. 482

Legal Doctrines & Maxims

Powers of the High Court under Section 482 Cr.P.C. to quash criminal proceedings in the interest of justice
Gian Singh v. State of Punjab and Another, 2012(4)KLT 108 (on quashing in private-settlement/criminal-proceedings)

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants submit that the dispute is private and has been settled as evidenced by Annexure-A2; there are no serious offences or injuries, and continuing proceedings would not serve any fruitful purpose. Relying on Gian Singh, they urge the exercise of inherent power under Section 482 Cr.P.C. to quash, preserving the prospects of a peaceful resolution and avoiding harassment.

Contentions of Respondents

The respondents acknowledge the settlement and the lack of outstanding grievances; they do not object to quashing in light of the private nature of the dispute and lack of a serious injury, as supported by the affidavit of the 2nd respondent and the public prosecutor’s representation.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	2012(4)KLT 108	Positive	Cited as authority for invoking the High Court’s inherent power under Section 482 Cr.P.C. to quash criminal proceedings in cases involving private disputes and settlement where prosecution is not likely to succeed.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **FRIDAY, THE 24[TH] DAY OF JUNE 2022 / 3RD ASHADHA, 1944 CRL.MC NO. 3697 OF 2022** **SC.NO. 48/2021 OF ASSISTANT SESSIONS COURT, KANNUR CRIME NO.362 OF 2018 OF SREEKANDAPURAM POLICE STATION PETITIONER/ACCUSED NO.5:** **ABDULLA, AGED 42 YEARS, S/O MUHAMMED, PUTHIYATH HOUSE, CHENGALAYI .P.O, THALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670631** **BY ADVS. M.MUHAMMED SHAFI T.RASINI AYISHA AFRIN A.V.K.** ## **RESPONDENTS/COMPLAINANTS:** - **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** - **2 DHANESH .T, AGED 33 YEARS, S/O RAGHAVAN, THAYYIL HOUSE, CHEMBILERI, CHENGALAYI AMSOM, THALIPARAMABA TALUK, KANNUR DISTRICT, PIN - 670631** **BY ADV K.P.MUHAMMED BASHEER** ## **OTHER PRESENT:** ## **ADV. M. P. PRASHANT- SR PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2022, ALONG WITH CRL.M.C.NOS.3701 AND 3708 OF 2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.3697, 3701 & 3708 of 2022 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 24[TH] DAY OF JUNE 2022 / 3RD ASHADHA, 1944** **CRL.MC NO. 3701 OF 2022** **SC.NO.661/2019 OF ASSISTANT SESSIONS COURT, KANNUR CRIME NO.362 OF 2018 OF SREEKANDAPURAM POLICE STATION** ## **PETITIONERS/ACCUSED NO.1, 2, 4, 6 & 7:** - **1 RAFEEQUE .N, AGED 36 YEARS, S/O MOOSAN NADUVILAKATH HOUSE, CHENGALAYI P.O, THALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670631** - **2 MUHAMMED KUNHI, AGED 46 YEARS, S/O SOOPY, KODIYIL HOUSE, CHENGALAYI P.O THALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670631** - **3 ASHIK, AGED 37 YEARS, S/O ABDUL KHADER, C.P HOUSE, CHENGALAYI .P.O THALIPARAMAB TALUK, KANNUR DISTRICT, PIN - 670631** - **4 FAISAL, AGED 32 YEARS, S/O SIDDIQUE, KAKKADANTAKATH PUTHIYAPURAYIL HOUSE, ARIMBRA, CHENGALAYI P.O, THALIPARAMABA, KANNUR DISTRICT, PIN - 670631** - **5 SAFEER, AGED 26 YEARS, S/O SULAIMAN, KAKKADANTAKATH PUTHIYAPURAYIL HOUSE, ARIMBRA, CHENGALAYI P.O, THALIPARAMABA TALUK, KANNUR DT., PIN - 670631 BY ADVS. M.MUHAMMED SHAFI T.RASINI AYISHA AFRIN A.V.K.** Crl.M.C.Nos.3697, 3701 & 3708 of 2022 3 ## **RESPONDENTS/COMPLAINANTS:** - **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** - **2 DHANESH .T., AGED 33 YEARS, S/O RAGHAVAN, THAYYIL HOUSE, CHEMBILERI, CHENGALAYI AMSOM, THALIPARAMABA TALUK, KANNUR DISTRICT, PIN - 670631** **BY ADV K.P.MUHAMMED BASHEER** ## **OTHER PRESENT:** ## **ADV. C. S. HRITHWIK -SR PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2022, ALONG WITH CRL.M.C.NOS.3697 AND 3708 OF 2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.3697, 3701 & 3708 of 2022 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **FRIDAY, THE 24[TH] DAY OF JUNE 2022 / 3RD ASHADHA, 1944 CRL.MC NO. 3708 OF 2022** **SC 1100/2019 OF OF ASSISTANT SESSIONS COURT, KANNUR CRIME NO.362 OF 2018 OF SREEKANDAPURAM POLICE STATION** ## **PETITIONER/ACCUSED NO.3:** **FIROS .M.P., AGED 38 YEARS., S/O ABDU RAHIMAN, MADALANTAKATH PUTHIYA PURAYIL HOUSE, CHENGALAYI .P.O, THALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670631** **BY ADVS. M.MUHAMMED SHAFI T.RASINI AYISHA AFRIN A.V.K.** ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT:** - **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** **2 DHANESH .T., AGED 33 YEARS, S/O RAGHAVAN, THAYYIL HOUSE, CHEMBILERI, CHENGALAYI .P.O, THALIPARAMABA TALUK, KANNUR DISTRICT, PIN - 670631** **BY ADV K.P.MUHAMMED BASHEER SRI. SUDHEER GOPALAKRISHNAN -PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2022, ALONG WITH CRL.M.C.NOS.3697 AND 3701 OF 2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.3697, 3701 & 3708 of 2022 5 ## **O R D E R** The petitioners in these Crl.M.C are accused numbers 1 to 7 in Crime No.362/2018 of Sreekandapuram Police Station. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 326, 506(ii) and 308 r/w Section 149 of the Indian Penal Code (IPC). 2. Crl.M.C.No.3697 of 2022 is filed by the 5[th] accused, Crl.M.C.No.3708 of 2022 is filed by the 3[rd] accused and Crl.M.C.No.3701 of 2022 is filed by accused Nos.1, 2, 4, 6 & 7. The prosecution against accused Nos.1, 2, 4, 6 and 7 is pending as S.C.No.661 of 2019, the prosecution against the 3[rd] accused is pending as S.C.No.1100 of 2019 and the prosecution against the 5[th] accused is pending as S.C.No.48 of 2021 before the Assistant Sessions Court, Kannur. 3. The prosecution case is that, on 03.08.2018 at 20.30 hours, the petitioners along with 13 unidentified persons, formed themselves into an unlawful assembly and Crl.M.C.Nos.3697, 3701 & 3708 of 2022 6 in furtherance of their common intention, attacked the 2[nd] respondent/de facto complainant due to their political rivalry. Annexure-A1 is the final report submitted in these cases. These Crl.M.Cs are filed for quashing all further proceedings pursuant thereto. 4. Heard Shri.Muhammed Shafi, the learned counsel appearing for the petitioners, Sri.C.S.Hrithwik, Sri.M.P.Prashanth and Sri. Sudheer Gopalakrishnan, the learned Public Prosecutor for the 1[st] respondent and Sri.K.P.Muhammed Basheer, the learned counsel appearing for the 2[nd] respondent. 5. The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexure-A2 affidavit sworn by respondent No.2 is produced in all the cases. The fact of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that the 2[nd] respondent has any subsisting grievances against the petitioners herein. The Crl.M.C.Nos.3697, 3701 & 3708 of 2022 7 2[nd] respondent also clearly expressed his no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the 2[nd] respondent also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein. The veracity of the settlement has been examined by the Station House Officer concerned by contacting the 2[nd ] respondent. 6. On going through the nature of allegations as contained in Annexure-A1 FIR, it can be seen that the dispute is basically private in nature. No serious offences are attributed against the petitioners. Considering the settlement between the parties, the chances of a successful prosecution are very bleak, and hence no fruitful purpose would be served if the proceedings are allowed to continue. Therefore, I am of the view that going by the decision in **Gian Singh v. State of Punjab and Another [2012(4)KLT 108],** this is a fit case in which the powers of this Court under Section 482 Cr.P.C. can be invoked. Crl.M.C.Nos.3697, 3701 & 3708 of 2022 8 7. It is true that one of the offences alleged is under Section 308 of IPC. However, on perusal of the records, it is seen that no serious injuries are sustained by the 2[nd] respondent/de facto complainant. The dispute arose from political rivalry, and the parties arrived at a settlement. Therefore, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. Accordingly these Crl.M.Cs are allowed. All further proceedings in S.C.No.48 of 2021, S.C.No.661 of 2019 and S.C.No.1100 of 2019 before the Assistant Sessions Court, Kannur pursuant to Crime No.362 of 2018 of Sreekandapuram Police Station are hereby quashed. Sd/- **ZIYAD RAHMAN A.A., JUDGE** AS Crl.M.C.Nos.3697, 3701 & 3708 of 2022 9 ## **APPENDIX OF CRL.MC 3697/2022** ## **PETITIONER ANNEXURES** |**Annexure A1**|**TRUE COPY OF THE CHARGE ALONG WITH FIR IN**| |---|---| ||**CRIME NO.362 OF 2018 OF THALIPARAMBA**| ||**POLICE STATION, KANNUR**| |**Annexure A2**|**AFFIDAVIT SWORN BY THE 2ND RESPONDENT**| ||**DATED 09-11-2021**| Crl.M.C.Nos.3697, 3701 & 3708 of 2022 10 ## **APPENDIX OF CRL.MC 3701/2022** ## **PETITIONER ANNEXURES** **Annexure A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO. 362 OF 2018 OF SREEKANDAPURAM POLICE STATION, KANNUR Annexure2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 09-11-2021** Crl.M.C.Nos.3697, 3701 & 3708 of 2022 11 ## **APPENDIX OF CRL.MC 3708/2022** ## **PETITIONER ANNEXURES** |**Annexure A1**|**TRUE COPY OF THE CHARGE ALONG WITH FIR IN**| |---|---| ||**CRIME NO. 362 OF 2018 OF THALIPARAMBA**| ||**POLICE STATION, KANNUR**| |**Annexure A2**|**AFFIDAVIT SWORN BY THE 2ND RESPONDENT**| ||**DATED 09-11-2021**|