Criminal Misc. Case Nos.7166 & 7168 of 2023 v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Gopinath P.
Judgment Date: 2023-09-18
Court Decision / Holding: The petitions are allowed; all further proceedings in CC No.684/2020 before the Judicial First Class Magistrate’s Court - I, Perinthalmanna, and CC No.683/2020 before the same court are quashed against the petitioners in CRL.MC Nos.7166/2023 and 7168/2023 respectively.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Saju
Saritha
Sivadasan
Sanal
Anil

Respondents

State of Kerala
Anil
Sanal
Sarojini
Sivadasan
Saju
Saritha

Legal Representation & Advocates

Counsels for Petitioners

• Thareeq Anver K.
• K. Salma Jennath
• Arun Chand
• Rassal Janardhanan A.
• P.R. Ajay

Counsels for Respondents

• G. Sudheer (Public Prosecutor)

Case Synopsis & Summary

The High Court of Kerala at Ernakulam heard two Criminal Miscellaneous Cases (Crl.MC Nos.7166/2023 and 7168/2023) arising from Crime Nos. 912 and 913 of 2020 registered at Perinthalmanna Police Station, Malappuram. The petitioners in CRL.MC 7166 are Saju and Saritha, and in CRL.MC 7168 are Sivadasan, Sanal and Anil. The respondents include the State of Kerala and the victims, namely Anil, Sanal, Sarojini and Sivadasan, among others. The two crimes involve offences under IPC sections 341 (wrongful restraint), 324 (voluntarily causing hurt by dangerous weapons), 323 (voluntarily causing hurt) and 34 (common intention), and in the second case, 506(ii) r/w 34. After registration, the parties settled their disputes relating to property. The accused and complainants are thus parties to the proceedings, though some accused in 913/2020 had died. Both petitions proceeded on the basis of settlement. The learned counsel for the parties and the Public Prosecutor confirmed the settlement. Citing Gian Singh v. State of Punjab and State of MP v. Laxmi Narayan, the Court held that continuing with the prosecutions would not serve a public purpose and that the proceedings could be quashed. Accordingly, both petitions were allowed and all further proceedings in CC 684/2020 and CC 683/2020 before the JFCM Perinthalmanna stood quashed against the petitioners.

Provisions of Law Cited

IPC Sec. 341IPC Sec. 324IPC Sec. 323IPC Sec. 506(ii) r/w Sec. 34

Legal Doctrines & Maxims

Gian Singh v. State of Punjab, 2012 (10) SCC 303
State of M.P. v. Laxmi Narayan, 2019 (5) SCC 688

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the disputes between the parties arose out of a property-related quarrel and have now been resolved. They contend that continuing criminal proceedings would not serve any public purpose and that the settlement is a valid basis to quash the cases, consistent with the principle laid down by Gian Singh and Laxmi Narayan.

Contentions of Respondents

The respondents supported the settlement and did not oppose the quashing of proceedings, as the parties had reconciled and no public interest would be served by continuing the criminal action; the Public Prosecutor joined in the consideration of quashing in light of the settled disputes.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab	2012 (10) SCC 303	Positive	Cited as the controlling principle that a case can be quashed in the context of a settlement between the parties when no public interest is served by continuing prosecution.
State of M.P. v. Laxmi Narayan	2019 (5) SCC 688	Positive	Cited for the same settlement-based quashing approach reaffirming that prosecution may be quashed where disputes are settled and no public purpose remains.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 18[TH] DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945 ``` ``` CRL.MC NO. 7166 OF 2023 ``` ``` CC 684/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ``` ``` PERINTHALMANNA Crime No.913 of 2020 of Perinthalmanna Police Station, Malappuram ``` ## **`PETITIONERS/ACCUSED 2 AND 3:`** ``` 1SAJU AGED 23 YEARS S/O VIJAYAN, VARENGAL HOUSE, PAYYANADAM POST, MANNARKAD, PALAKKAD, PIN - 678583 2SARITHA AGED 49 YEARS W/O VIJAYAN, VARENGAL HOUSE, PAYYANADAM POST, MANNARKAD, PALAKKAD, PIN - 678583 BY ADVS. THAREEQ ANVER K. K.SALMA JENNATH ARUN CHAND RASSAL JANARDHANAN A. ``` ## **`RESPONDENTS/STATE & VICTIMS:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2ANIL AGED 29 YEARS S/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 3SANAL AGED 35 YEARS S/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 ``` Crl.MC Nos.7166 and 7168 of 2023 2 ``` 4SAROJINI AGED 59 YEARS W/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 5SIVADASAN AGED 67 YEARS S/O CHATHU, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 ``` ## **`OTHER PRESENT:`** ``` SRI.G SUDHEER (PP) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2023, ALONG WITH CRL.M.C.NO.7168/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.MC Nos.7166 and 7168 of 2023 3 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 18[TH] DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945 CRL.MC NO. 7168 OF 2023 ``` ``` CC 683/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ``` ``` PERINTHALMANNA Crime No.912 of 2020 of Perinthalmanna Police Station, ``` ``` Malappuram ``` ## **`PETITIONERS/accused 1 to 3:`** ``` 1SIVADASAN AGED 67 YEARS S/O CHATHU, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 2SANAL AGED 35 YEARS S/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 3ANIL AGED 29 YEARS S/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 BY ADV P.R.AJAY ``` ## **`RESPONDENTS/STATE & VICTIMS:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2SAJU AGED 23 YEARS S/O VIJAYAN, VARENGAL HOUSE, PAYYANADAM POST, MANNARKAD, PALAKKAD, PIN - 678583 3SARITHA AGED 50 YEARS W/O VIJAYAN, VERANGAL HOUSE, PAYYANADAM POST, MANNARKKADU, PALAKKAD 678583 BY ADVS. THAREEQ ANVER K. K.SALMA JENNATH ``` Crl.MC Nos.7166 and 7168 of 2023 4 ``` ARUN CHAND RASSAL JANARDHANAN A. ``` ## **`OTHER PRESENT:`** ``` SRI. NOUSHAD K A (SR PP) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2023, ALONG WITH CRL.M.C.7166/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.MC Nos.7166 and 7168 of 2023 5 ## **O R D E R** The petitioners in Crl.M.C.No.7166 of 2023 are the accused in Crime No.913 of 2020 of Perinthalmanna Police Station, Malappuram, which is now pending as C.C.No.684 of 2020 before the Judicial First Class Magistrate’s Court-I, Perinthalmanna, alleging commission of offences under Sections 341 and 324 r/w Section 34 of the Indian Penal Code. The petitioners in Crl.M.C.No.7168 of 2023 are the accused in Crime No.912 of 2020 of Perinthalmanna Police Station, Malappuram, which is now pending as C.C.No.683 of 2020 before the Judicial First Class Magistrate’s Court-I, Perinthalmanna, alleging commission of offences under Sections 341, 323, 324 and 506(ii) r/w Section 34 of the Indian Penal Code. 2. The petitioners in these cases are stated to be relatives. The disputes between them relate to property. After the registration of the above crimes, the parties have settled all disputes between themselves. While Crime No.912 of 2020 was registered at the instance of the petitioners in Crl.M.C.No.7166 of 2023, Crime No.913 of 2020 was registered at the instance of the petitioners in Crl.M.C.No.7168 of 2023. All the accused Crl.MC Nos.7166 and 7168 of 2023 6 and all the complainants are, therefore, parties to these proceedings, though one of the accused in Crime No.913 of 2020 has since died. 3. The learned counsel appearing for the parties and the learned Public Prosecutor would confirm that the issues have been settled between the parties. 4. Having heard the learned counsel appearing for the respective parties and the learned Public Prosecutor, and keeping in mind the law laid down by the Supreme Court in _**Gian Singh v. State of Punjab;** (2012) 10 SCC 303_ and _**State of M.P. v. Laxmi Narayan**_ ; _(2019) 5 SCC 688_ , I am of the view that the proceedings against the petitioners in both these cases can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioners in these petitions. The chance of a successful prosecution are also minimal in the light of the settlement arrived at between the parties. In the result, both these petitions are allowed and all further proceedings in C.C.No.684 of 2020 before the Judicial First Class Magistrate’s Court-I, Perinthalmanna will stand quashed against the petitioners in Crl.M.C.No.7166 of 2023 and all further proceedings in C.C.No.683 of 2020 before the Judicial Crl.MC Nos.7166 and 7168 of 2023 7 First Class Magistrate’s Court-I, Perinthalmanna will stand quashed against the petitioners in Crl.M.C.No.7168 of 2023. Sd/- **GOPINATH P., JUDGE** rkj Crl.MC Nos.7166 and 7168 of 2023 8 ## **`APPENDIX OF CRL.MC 7166/2023`** ## `PETITIONER ANNEXURES` ``` Annexure 1THE CERTIFIED COPY OF FINAL REPORT NO.845/2020 DATED 20/11/2020 OF PERINTHALMANNA POLICE STATION IN C.C. 684/2020 BEFORE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT - I, PERINTHALMANNA Annexure 2THE AFFIDAVIT DATED 09/06/2023 SWORN BY THE RESPONDENTS 2 TO 5 ``` Crl.MC Nos.7166 and 7168 of 2023 9 ## **`APPENDIX OF CRL.MC 7168/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure 1THE CERTIFIED COPY OF FINAL REPORT NO.839/2020 DATED 13/11/2020 OF PERINTHALMANNA POLICE STATION IN C.C. 683/2020 BEFORE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT - I, PERINTHALMANNA Annexure 2THE AFFIDAVIT DATED 10/07/2023 SWORN BY THE 2ND RESPONDENT Annexure 3THE AFFIDAVIT DATED 27/07/2023 SWORN BY THE 3RD RESPONDENT ```