Arunkumar and Yashvedh Lakshminarayan Pranas v. State of Kerala and Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ZIYAD RAHMAN A.A.
Judgment Date: 2022-11-23
Court Decision / Holding: The Crl.M.Cs are allowed; the final report in Crime No. 461/2017 and all further proceedings, including CC No. 614/2018, against the petitioners are quashed under Section 482 Cr.P.C.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Arunkumar
Yashvedh Lakshminarayan Pranas

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala
The Sub Inspector of Police, Marayoor Police Station, Idukki District
Fr. Francis Nedumpparambil, Vicar, St. Mary’s Latin Church, Marayoor, Idukki District

Legal Representation & Advocates

Counsels for Petitioners

• B. Sajeev Kumar
• Blossom Mathew
• B. Sajeev Kumar

Counsels for Respondents

• Sri. M P Prashanth
• Sri. C. S. Shrithwik
• Sri. P.O. Antony (Advocate for 3rd respondent)

Case Synopsis & Summary

This High Court of Kerala, in a common order dated 23 November 2022, disposed of two Criminal Miscellaneous Cases (Crl.M.C. Nos. 2052/2019 and 5807/2022) arising from Crime No. 461/2017 of the Marayoor Police Station and now pending as C.C. No. 614/2018 before the Judicial First Class Magistrate Court-I, Devikulam. The petitioners, two accused in the crime, sought to quash the final report and further proceedings under Section 482 Cr.P.C. The prosecution alleges offences under Sections 328 and 394 read with Section 34 of the IPC, including poisoning and theft. Crucially, the respondents informed the court that a settlement had been reached with the de facto complainant, who had sworn an affidavit (Annexure-A3) expressing no objection to quashing, and that the Station House Officer had verified the settlement’s genuineness. The court observed that the dispute is private in nature, and applying the Gian Singh principle, it is appropriate to exercise inherent jurisdiction under 482 Cr.P.C. where a bona fide settlement exists and continued prosecution would not serve any fruitful purpose. The court highlighted absence of criminal antecedents and concluded that quashing the final report and all further proceedings would be in the interest of justice, ending the case at this stage.

Provisions of Law Cited

Section 328 IPCSection 394 read with Section 34 IPCSection 34 IPCSection 482 Cr.P.C.

Legal Doctrines & Maxims

Gian Singh doctrine (quashing private disputes under 482 Cr.P.C. in light of settlement, as approved by the Supreme Court in Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the dispute was private and has been settled with the de facto complainant, who has sworn an affidavit (Annexure-A3) expressing no objection to quashing. The SHO verified the settlement, and the authorities confirm its genuineness. Relying on Gian Singh, they argue that the court should exercise its inherent power under Section 482 Cr.P.C. to quash the final report and all further proceedings since continuing prosecution would be futile and would not serve any public interest given the lack of criminal antecedents and the private nature of the dispute.

Contentions of Respondents

The respondents, led by the Public Prosecutor, acknowledge the private nature of the dispute and the settlement, which the SHO has found genuine. They submit that, under Gian Singh, quashing is permissible if the settlement is genuine and prosecution serves no fruitful purpose; thus, quashing the final report and proceedings is warranted to avoid fruitless litigation while ensuring no public interest is compromised.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	(2012) 10 SCC 303	Positive	Court relies on Gian Singh doctrine to quash proceedings under 482 Cr.P.C. where there is a genuine private settlement and continuing prosecution would not serve public interest.

Extracted Judgment Text

Exact text extracted from official judgment records.

Crl.M.C.Nos.2052/19 & 5807/22 1 # _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A._ _WEDNESDAY, THE 23[RD] DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,_ _1944_ ## _CRL.MC NO. 5807 OF 2022_ _AGAINST THE ORDER/JUDGMENTCC 614/2018 OF JUDICIAL MAGISTRATE_ _OF FIRST CLASS - I, DEVICOLAM_ ## _PETITIONER/1st ACCUSED:_ _ARUNKUMAR, AGED 30 YEARS, HOUSE NO.22, MARAIMALAI NAGAR, VELRAMPET, PONDICHERRY, PIN – 606 601. BY ADVS. B.SAJEEV KUMAR BLOSSOM MATHEW_ ## _RESPONDENTS:_ _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2 THE SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, IDUKKI DISTRICT, PIN – 685 620. 3 FR.FRANCIS NEDUMPARAMBIL, AGED 48 YEARS, VICAR, ST.MARY'S LATIN CHURCH, MARAYAYOOR, IDUKKI DISTRICT HAVING PERMANENT RESIDENCE AT NEDUMPARAMBIL HOUSE, PALLIKKUNNU, ELAPPARA, PEERUMADE, IDUKKI, PIN – 685 620._ Crl.M.C.Nos.2052/19 & 5807/22 2 _BY ADV.Antony P.O_ _SRI. M P PRASHANTH & SRI.C.S SHRITHWIK -PUBLIC PROSECUTORS_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH Crl.MC.2052/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.Nos.2052/19 & 5807/22 3 ## _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A._ _WEDNESDAY, THE 23[RD] DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,_ ## _1944_ ## _CRL.MC NO. 2052 OF 2019_ ## _PETITIONER/2ND ACCUSED:_ _YASHVEDH LAKSHMINARAYAN PRANAS, AGED 25 YEARS, S/O. RAVICHANDRAN.S., RESIDING AT HOUSE NO.15/77A, THIRUKOVILUR ROAD, THIRUVANNAMALAI, TAMILNADU, PIN-606 601._ ## _BY ADV.B.SAJEEV KUMAR_ ## _RESPONDENTS:_ _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. 2 THE SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, IDUKKI DISTRICT, PIN-685 620._ _3 FR.FRANCIS NEDUMPARAMBIL, AGED 48 YEARS, S/O. ANTONY, VICAR, ST.MARY'S LATIN CHURCH, MARAYOOR, IDUKKI DISTRICT, PINCODE-685 620 AND HAVING PERMANENT RESIDENCE AT NEDUMPARAMBIL , PALLIKKUNNU, ELAPPARA, PEERUMADE, IDUKKI, PINCODE-685 531._ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH Crl.MC.5807/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.Nos.2052/19 & 5807/22 4 ## **C O M M O N O R D E R** The petitioners in this Crl.M.Cs. are the accused Nos.1 and 2 in Crime No.461 of 2017 of Marayoor Police Station, which is now pending as C.C.No.614 of 2018 before the Judicial First Class Magistrate Court-I, Devikulam. The offences alleged against the petitioners are under Sections 328, 394 read with Section 34 of IPC. Crl.M.C.No.2052 of 2019 is filed by the 2[nd] accused and Crl.M.C.No.5807 of 2022 is filed by the 1[st] accused. 2. The prosecution case is that, on 24.10.2017, the accused persons mixed some poisonous substance in the de facto complainant's food and took away Rs.1,50,000/-, a laptop, mobile phone, camera and notepad belonging to the de facto complainant, who was the priest of the Church. Annexure-A1 is the FIR in both the Crl.M.Cs and Annexure-A2 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings against the petitioners pursuant to AnnexureA2 final report. 3. Heard Sri.B.Sajeevkumar, learned counsel for the petitioner, Sri.C.S.Hrithwik and M.P.Prashanth, learned Public Prosecutors and Sri.P.O.Antony, learned counsel for the 3[rd] Crl.M.C.Nos.2052/19 & 5807/22 respondent. 5 4. The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3 affidavit sworn by the 3[rd] respondent/ de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3[rd] respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 3[rd] respondent/de facto complainant also confirms the same. 5. The learned Public Prosecutor, upon instructions, submitted that, the Station House Officer concerned has verified the veracity of the same and found it to be genuine. 6. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in **Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303]** , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account Crl.M.C.Nos.2052/19 & 5807/22 6 of the settlement, no fruitful purpose would be served by allowing the prosecution to continue. 7. It is true that, one of the offences alleged against the petitioners is serious in nature. However, it is seen that the parties have arrived at a genuine settlement, which is found to be true on the basis of the enquiry conducted by the Station House Officer concerned. Moreover, no criminal antecedents of any of the accused were brought to my notice, even though the Police have conducted a detailed enquiry with respect to his background. In such circumstances, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C. In the result, these Crl.M.Cs. are allowed, and the final report submitted in Crime No.461 of 2017 of Marayoor Police Station and all further proceedings pursuant thereto including the proceedings in C.C.No.614 of 2018 on the file of the Judicial First Class Magistrate Court-I, Devikulam, against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A.** **JUDGE** DG/29.11.22 Crl.M.C.Nos.2052/19 & 5807/22 7 ## _APPENDIX OF CRL.MC 2052/2019_ _PETITIONER ANNEXURES_ _ANNEXURE-A1 CERTIFIED COPY OF THE F.I.R NO.1683/2018 OF ANGAMALY POLICE STATION ANNEXURE-A2 CERTIFIED COPY OF THE CHARGE SHEET SUBMITTED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, DEVIKULAM ANNEXURE-A3 AFFIDAVIT DATED 09/03/2019 EXECUTED BY THE THIRD RESPONDENT_ Crl.M.C.Nos.2052/19 & 5807/22 8 ## _APPENDIX OF CRL.MC 5807/2022_ _PETITIONER ANNEXURES_ _Annexure A1 COPY OF F.I.R NO.461/2017 OF MARAYOOR POLICE STATION, IDUKKI DISTRICT Annexure A2 TRUE COPY OF THE FINAL REPORT DATED 29.10.2018 IN F.I.R NO.461/2017 OF MARAYOOR POLICE STATION, IDUKKI DISTRICT Annexure A3 TRUE COPY OF AFFIDAVIT DATED 09/03/2019 EXECUTED BY THE 3RD RESPONDENT IN CRL.MC 2052/2019 FILED BY THE 2ND ACCUSED TO QUASH THE SAME F.I.R, WHICH IS PENDING BEFORE THE HONOURABLE COURT Annexure A4 AFFIDAVIT DATED 19/10/2022 EXECUTED BY THE 3RD RESPONDENT_