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High Court of KeralaSingle JudgeThe petition is allowed; the Final Report is qu...

CRL.M.C. No. 3694 of 2022 (Kerala High Court)

Case / Petition Number:CRL.M.C. No. 3694 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Dr. Kauser Edappagath
Judgment Date
2022-06-23
Court Decision / Holding
Crl.M.C. allowed. Annexure 2 Final Report in Crime No. 1219/2013 (Pooyappally Police Station, Kollam) pending as S.C.No. 680/2019 before the Special Court for SC/ST (POA) Act cases, Kottarakkara, stands quashed. The proceedings in SC No. 680/2019 are thereby closed.
Final Disposition
The petition is allowed; the Final Report is quashed; the case is disposed of in terms of the quashing order.

Parties to the Case

Appellants / Petitioners

  • MUHAMMED ARIF
  • SANOFAR
  • SHEFEK
  • RIJU
  • ABU@SHAMNAD
  • SHUHAIB
  • HASSAN
  • SHAMEERKHAN
  • MOHAMMED RAFFEK
  • SHEHIN

Respondents

  • State of Kerala represented by Public Prosecutor
  • Station House Officer, Pooyappally Police Station
  • BINDHU
  • SOBHA
  • AMBIKA
  • SANTHA
  • PRASANTH
  • ANEESH
  • SANAL

Legal Representation & Advocates

Counsels for Petitioners

  • • V. Renjith Kumar
  • • Mohaprasheed Mohan

Counsels for Respondents

  • • S. Jayakumar (Panambil)
  • • Smt. T.V. Neema, Sr. PP

Case Synopsis & Summary

This is a Kerala High Court criminal miscellaneous case (Crl.M.C. No. 3694/2022) involving accused persons seeking to quash the final report in Crime No. 1219/2013 of Pooyappally Police Station, Kollam, which stands pending as Special Case No. 680/2019 before the Special Court for SC/ST (POA) Act cases at Kottarakkara. The petitioners (accused nos. 1, 2 and 4–11) contend that the dispute with the de facto complainant and several injured parties has been amicably settled and the complainant has decided not to proceed with the proceedings. The respondents/State and victims appear through counsel, and affidavits have been filed affirming the settlement. The offences alleged include IPC sections 143, 147, 294(b), 323, 506(i), 354, 153A read with 149, and Sections 3(1)(w)(i)(r) and 3(2)(va) of the SC/ST (POA) Act. The High Court relies on Supreme Court precedents Gian Singh, Narinder Singh and Laxmi Narayan to hold that a 482 CrPC quashing is permissible in appropriate circumstances even in relation to non‑compoundable offences if ends of justice and avoidance of abuse of process are served. The court notes the dispute is purely personal with no public interest, offences do not fall in prohibited-for-compounding categories, and thus allows the petition, quashing Annexure 2 Final Report (Crime No. 1219/2013) and closing the matter in SC No. 680/2019.

Provisions of Law Cited

IPC: 143, 147, 294(b), 323, 506(i), 354, 153A read with 149SC/ST (Prevention of Atrocities) Act: 3(1)(w)(i), 3(1)(r), 3(2)(va)CrPC: 482CrPC: 320

Legal Doctrines & Maxims

  • Ends of justice (doctrine)
  • Prevention of abuse of process of law (doctrine)
  • Compounding of offences under CrPC in exceptional settlement circumstances (doctrine)
  • Gian Singh v. State of Punjab ( cited as supportive authority)
  • Narinder Singh v. State of Punjab ( cited as supportive authority)
  • State of Madhya Pradesh v. Laxmi Narayan ( cited as supportive authority)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the dispute with the complainant and victims is purely personal and has been amicably settled; affidavits show the de facto complainant intends not to pursue the matter; they rely on intrinsic jurisdiction under CrPC 482 and the prime precedents Gian Singh, Narinder Singh, and Laxmi Narayan to argue for quashing the Final Report in Crime No. 1219/2013. They submit that the offences are not within a bar against compounding and that continuing proceedings would amount to abuse of process and would not serve ends of justice given the settlement.

Contentions of Respondents

The respondents acknowledge the amicable settlement but emphasize the seriousness and public interest considerations, particularly since the offences involve IPC sections and SC/ST (POA) Act provisions. They contend that the matter requires careful scrutiny under 482 CrPC to ensure ends of justice without undermining public interest or victims’ rights. The State’s counsel points to the investigation and the de facto complainant’s affidavits; however the ultimate view in the Court is to weighed by the settled nature of the dispute and the lack of public interest in this personal spat.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab2012 (4) KLT 108 (SC)PositiveCited for the principle that a High Court can exercise its inherent powers under Cr.P.C. 482 to quash criminal proceedings, even in non‑compoundable offences, where settlement and ends of justice warrant it.
Narinder Singh and Others v. State of Punjab and Others(2014) 6 SCC 466PositiveCited to support quashing under 482 CrPC in appropriate settlement scenarios to serve ends of justice.
State of Madhya Pradesh v. Laxmi Narayan and Others(2019) 5 SCC 688PositiveCited as further authority endorsing quashing where settlement and ends of justice justify overriding the bar under 320 CrPC.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 23[RD] DAY OF JUNE 2022 / 2ND ASHADHA, 1944 CRL.MC NO. 3694 OF 2022** **CRIME NO.1219/2013 OF Pooyapally Police Station, Kollam SC 680/2019 OF SPECIAL COURT- OFFENCES UNDER SC/ST (POA) ACT,1989,KOTTARAKKARA** **PETITIONERS/ACCUSED 1,2 & 4 TO 11:** 1 MUHAMMED ARIF AGED 29 YEARS KALLOORAZHIKATHU HOUSE, NEAR ST. SEBASTIAN CHURCH, CHERIYA VELINALLOOR MURI, ELAMADU VILLAGE, CHERIYA VELINALLOOR P.O, KOLLAM, PIN - 691516 2 SANOFAR, S/O ABDUL MANAF, AGED 29 YEARS SHEEJA MANZIL, ROADVILA CHERIYA VELINALLOOR, VELINALLOOR VILLAGE, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 3 SHEFEEK, S/O HYDROSE, AGED 28 YEARS SHEREENA MANZIL, PALAKKONAM MANKONAM MURI, VELINALLOOR VILLAGE, CHERIYA VELINALLOOR P.O, KOLLAM-, PIN - 691516 4 RIJU AGED 32 YEARS REENA MANZIL, ROADVILA CHERIYA VELINALLOOR MURI, VELINALLOOR VILLAGE, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 Crl.M.C.No.3694/2022 -:2:5 ABU@SHAMNAD, S/O VAHID, AGED 32 YEARS S.S MANZIL, NEAR VALAVU, KARALIKONAM MURI, ELAMADU VILLAGE, ELAMADU P.O, KOLLAM., PIN - 691533 6 SHUHAIB, S/O ABDULSHUKKOOR, AGED 29 YEARS PARAMBU VAYALIL HOUSE, PERUVANTHODU, MOTORKUNNU WARD, VELINALLOOR VILLAGE, CHERIYA VELINALLOOR P.O, KOLLAM, PIN - 691516 7 HASSAN, S/O ABDUL AZEEZ, AGED 35 YEARS CHARUVILA HOUSE, NEAR PARAPPATTU KALUNGU, CHERIYA VELINALLOOR MURI, VELINALLOOR VILLAGE, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 8 SHAMEERKHAN, S/O NAGOOR KHANI AGED 28 YEARS PEZHUVILA VEEDU, NEAR KARALIKKONAM JUNCTION, KARALIKONAM MURI, ELAMADU VILLAGE, ARKANNUR P.O, KOLLAM, PIN - 691533 9 MOHAMMED RAFFEK, S/O AMEERKANNU AGED 36 YEARS RAZEELA MANZIL, NEAR THAIKKAVU, 504, CHERIYA VELINALLOOR MURI, VELINALLOOR VILLAGE, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 10 SHEHIN, S/O SIDDIQUE AGED 30 YEARS EETTIPOYKA VEEDU, NEAR VALAVU, KARALIKONAM MURI, ELAMADU VILLAGE, ELAMADU P.O, KOLLAM-., PIN - 691533 BY ADVS. V.RENJITH KUMAR MOHAPRASEED MOHAN **RESPONDENT/STATE & DEFACTO COMPLAINANT AS WELL AS VICTIM:** Crl.M.C.No.3694/2022 ## -:3:- - 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 - 2 STATION HOUSE OFFICER (SHO) POOYAPPALLY POLICE STATION, KOLLAM, PIN - 691537 - 3 BINDHU AGED 42 YEARS, D/O KALYANI, JITHIN VILASAM, ROADVILA HIGH SCHOOL JUNCTION, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, VELINALLOOR P.O, KOLLAM, PIN - 691516 4 SOBHA AGED 48 YEARS SREEVARNNAM VEEDU, ROADVILA, KOKKOTTUKONAM, CHERIYA VELINALLOOR, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 - 5 AMBIKA AGED 52 YEARS SANAL BHAVAN, ROADVILA, KOKKOTTUKONAM, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 6 SANTHA, D/O KUNJUKUTTY, AGED 53 YEARS NANDAM VILASAM, ROADVILA, KOKKOTTUKONAM, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 - 7 PRASANTH, S/O PRASAD, AGED 28 YEARS CHARUVILA PUTHEN VEEDU, NEAR CHERIYA VELINALLOOR TEMPLE, ELAMADU VILLAGE, KOTTARAKKARA TALUK, AKKAL P.O, KOLLAM., PIN - 691516 Crl.M.C.No.3694/2022 -:4:- 8 ANEESH, S/O MOHANAN, AGED 34 YEARS MANILA BHAVAN, ROADVILA, MUNDAMUKKU, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 9 SANAL, S/O SATHYAN AGED 29 YEARS SANAL HOUSE, ROADVILA, KOKKOTTUKONAM, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, CHERIYA VELINALLOOR P.O, KOLLAM., PIN - 691516 BY ADV S.JAYAKUMAR (PANAMBIL) SMT. T.V. NEEMA, SR. PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.3694/2022 -:5:- ## **O R D E R** Dated this the 23[rd] day of June, 2022 This Crl.M.C. has been preferred to quash Annexure 2 Final Report in Crime No. 1219/2013 of Pooyappally Police Station now pending as S.C.No. 680/2019 on the file of the Special Court for SC/ST(Prevention of Atrocities) Act cases, Kottarakkara on the ground of settlement between the parties. 2. The petitioners are the accused Nos. 1,2, and 4 to 11. The 3[rd] respondent is the defacto complainant and respondent Nos. 4 to 9 are the injured. 3. The offences alleged against the petitioners are punishable under Sections 143, 147, 294(b), 323, 506(i), 354, 153 A read with 149 of IPC and Sections 3(1)(w)(i),(r) and 3(2) (va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 4. The respondent Nos. 3 to 9 entered appearance through counsel. Affidavits sworn in by them are also produced. 5. I have heard Sri. V. Renjith Kumar, the learned counsel for the petitioners, Sri. S. Jayakumar, the learned Crl.M.C.No.3694/2022 -:6:- counsel for the respondent Nos. 3 to 9 and Smt. T.V. Neema, the learned Senior Public Prosecutor. 6. The averments in the petition as well as the affidavits sworn in by the respondent Nos.3 to 9 would show that the entire dispute between the parties has been amicably settled and the _de facto_ complainant has decided not to proceed with the criminal proceedings further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the investigating officer and a statement of the _de facto_ complainant was also recorded wherein she reported that the matter was amicably settled. 7. The Apex Court in _**Gian Singh v. State of Punjab**_ [2012 (4) KLT 108 (SC)], _**Narinder Singh and Others v. State of Punjab and Others**_ [(2014) 6 SCC 466] and in _**State of Madhya Pradesh v. Laxmi Narayan and Others**_ [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of Crl.M.C.No.3694/2022 ## -:7:- the case or to ensure the ends of justice or to prevent abuse of process of any Court. 8. The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure 2. The offences in question do not fall within the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court in _**Gian Singh**_ (supra), _**Narinder Singh**_ (supra) and _**Laxmi Narayan**_ (supra). For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the Crl.M.C. is allowed. Annexure 2 Final Report in Crime No. 1219/2013 of Pooyappally Police Station now pending as S.C.No. 680/2019 on the file of the Special Court for SC/ST(Prevention of Atrocities) Act cases, Kottarakkara hereby stands quashed. Sd/- ## **DR. KAUSER EDAPPAGATH** **JUDGE** **kp** Crl.M.C.No.3694/2022 ## -:8:- ## **APPENDIX OF CRL.MC 3694/2022** PETITIONER ANNEXURES |Annexure1|THE CERTIFIED COPY OF THE FIR DATED| |---|---| ||04/08/2013 ALONG WITH THE FIS IN CRIME| ||1219/2013 OF POOYAPPALLY POLICE| ||STATION, KOLLAM| |Annexure2|THE CERTIFIED COPY OF THE FINAL REPORT| ||IN CRIME 1219/2013 OF POOYAPPALLY| ||POLICE STATION, KOLLAM.| |Annexure3|THE ORIGINAL AFFIDAVIT DATED 19/02/2022| ||EXECUTED BY THE 3RD RESPONDENT.| |Annexure4|THE ORIGINAL AFFIDAVIT DATED 19/02/2022| ||EXECUTED BY THE 4TH RESPONDENT.| |Annexure5|THE ORIGINAL AFFIDAVIT DATED 19/02/2022| ||EXECUTED BY THE 5TH RESPONDENT.| |Annexure6|THE ORIGINAL AFFIDAVIT DATED 19/02/2022| ||EXECUTED BY THE 6TH RESPONDENT.| |Annexure7|THE ORIGINAL AFFIDAVIT DATED 19/02/2022| ||EXECUTED BY THE 7TH RESPONDENT.| |Annexure8|THE ORIGINAL AFFIDAVIT DATED 19/02/2022| ||EXECUTED BY THE 8TH RESPONDENT.| |Annexure9|THE ORIGINAL AFFIDAVIT DATED 19/02/2022| ||EXECUTED BY THE 9TH RESPONDENT| |Annexure10|THE TRUE COPY OF THE DEATH CERTIFICATE| ||ISSUED ON 19/04/2022 FROM KOTTARAKKARA| ||MUNICIPALITY, DEPARTMENT OF URBAN| ||AFFAIRS, GOVERNMENT OF KERALA.|