Crl.M.C No. 8862 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ziyad Rahman A.A.
Judgment Date: 2022-12-21
Court Decision / Holding: This Crl.M.C. is allowed. Annexure-1 Final Report in Crime No.780/2019 and all further proceedings in SC 1011/2021 before the II Additional Assistant Sessions Court, Thrissur, as against the petitioners, are quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Rishikesh Sapre
Vishnu Vinod K
YADHU KRISHNAN
SAJITH N S
AKHIL B S
ARJUN
ASHIK ATHIYARATH
NEERAJ P S
ABHINAV S
ADHIL FALAH
JUSTIN JOSEPH
SOURAV MOOPIL
ATHUL.P
ASWIN.K.V
ALAN MICHAEL
JITHIN.P
MISHAL.T.K
SARAN VIJAY
SUNILKUMAR.K
SOORAJ.N.R
IJAZ ALI N
SACHIDANANDAN.M.S
NIKHIL SAHEED.A
ARIF KHAN

Respondents

State of Kerala represented by Public Prosecutor
AfEEF T.K
Ashik Usman P.K
Muhammed Labeeb
Jacob Thomas
Muhammed Fayas.M
Muhammed Favas T.P
Muhammed FAYIS
Riyaz.P
Sooraj.N.R
Ijaz Ali N

Legal Representation & Advocates

Counsels for Petitioners

• Abraham Mathan K.M.
• Shyju

Counsels for Respondents

• C. Dheeraj Rajan
• Anand Kalyanakrishnan
• Sreeja V

Case Synopsis & Summary

This High Court of Kerala, before a single judge, deals with a Criminal Miscellaneous Case under Section 482 CrPC seeking to quash proceedings in SC 1011/2021, arising from Crime No.780/2019 of Viyyur Police Station. Accused Nos. 1 to 24 petition for quashing the further proceedings. The petition is grounded on a private settlement between the parties, with injured victims (Nos. 2–9) swearing affidavits indicating no subsisting grievance and no objection to quashing. The State, represented by the Public Prosecutor, corroborates the settlement’s genuineness after verification by the SHO, who confirms that the injured parties reiterate no objection. The offences alleged include IPC sections 143, 147, 148, 323, 324, 308 and 506 read with Section 149, and the occurrence took place inside a college campus; none of the victims sustained serious injuries, and there are no notable criminal antecedents among the petitioners. The court faces a private dispute where continued prosecution would have bleak prospects of success, and invokes the principle articulated in Gian Singh v. State of Punjab and Another (2012) to exercise its 482 CrPC powers. Consequently, the petition is allowed; Annexure-1 Final Report and all further proceedings in SC 1011/2021 against the petitioners are quashed. The order notes the settlement’s validity and the lack of subsisting grievance by the injured parties.

Provisions of Law Cited

IPC Section 143IPC Section 147IPC Section 148IPC Section 323IPC Section 324IPC Section 308IPC Section 506 read with 149CrPC Section 482

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the dispute between the accused and the injured victims has been amicably settled. Affidavits from the injured (Annexures-2 to 9) state there is no subsisting grievance and they have no objection to quashing. The dispute is private in nature, and continuing the prosecution would serve no purpose given the settlement. The SHO has verified the settlement. In view of these factors, the petition seeks quashing under Section 482 CrPC.

Contentions of Respondents

The respondents/State, aided by the counsel for the injured, support the settlement, noting that the injuries were not serious and there is no substantial public interest opposing quashing. They contend that the private resolution, verified by authorities, justifies exercise of the Court’s inherent powers to quash the proceedings given the lack of subsisting grievance.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	2012(4) KLT 108	Positive	Court relies on Gian Singh to exercise 482 CrPC power to quash where there is a settlement of private disputes and no public interest in continuing the prosecution.

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. WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944 CRL.MC NO. 8862 OF 2022 AGAINST THE ORDER/JUDGMENT SC 1011/2021 OF II ADDITIONAL SUB COURT,THRISSUR** **PETITIONER/ACCUSED NO 1 TO 24:** |1|RISHIKESH SAPRE|RISHIKESH SAPRE|| |---|---|---|---| ||AGED|19 YEARS|| ||S/O.|BABU S PILLAI, PALLAVAM, PAZHAVEEDU,|| ||PALLAVAM P.O, ALAPPUZHA, PIN - 680009||| |2|VISHNU VINOD K||| ||AGED|21 YEARS|| ||S/O.|VINOD, KRISHNA KOZHIPPURAM,|| ||THIRUVANNUR P.O, KOZHIKODE, PIN -||673029| |3|YADHU KRISHNAN||| ||AGED|19 YEARS|| ||S/O.|RADHAKRISHNAN, KIZHAKKEDATH PARAMBIL HOUSE,|| ||ANAPUZHA, KODUNGALLUR, THRISSUR, PIN - 680667||| |4|SAJITH N S||| ||AGED|19 YEARS|| ||S/O.|SANTHOSH P, NAMBITHANATH HOUSE,|| ||VAIKOM P.O, KOTTAYAM, PIN - 686141||| |5|AKHIL B S||| ||AGED|20 YEARS|| ||S/O.|BAIJU P,|| ||THUDUVILAKATHU HOUSE, VADAKKUMKARA,||| ||NEDUMMANGAD P.O, NEDUMANGAD,||| ||THIRUVANANTHAPURAM, PIN - 695541||| |6|ARJUN||| ||AGED|20 YEARS|| ||S/O.|VINOD KUMAR,|| ||PAPPINI HOUSE, MOKAVUR, ERANTHIKAL P.O,||| 2 Crl.M.C No.8862 of 2022 KOZHIKODE, PIN - 683303 7 ASHIK ATHIYARATH AGED 21 YEARS S/O. UNNIKRISHNAN A C, ATHIYARATH HOUSE, KURUVILASSERY P.O, VALIYAPARAMBU, THRISSUR, PIN - 680732 8 NEERAJ P S AGED 21 YEARS S/O. SHAJU PUNATHIL, PUNATHIL HOUSE, CHERUKULATHOOR P.O, KOZHIKODE, PIN - 673008 9 ABHINAV S AGED 21 YEARS S/O. SANTOSH P, KRIPA HOUSE, KAKKODI P.O, KOZHIKODE, PIN - 673611 10 ADHIL FALAH AGED 20 YEARS S/O. MUHAMMED NAJEEB, POOLAKUNNATH HOUSE, ANGADI P.O, PALAKKAD, PIN - 679552 11 JUSTIN JOSEPH AGED 22 YEARS S/O JOSEPH, THELOOR MANNATHU MOOLA, VALLAMKULAM P.O, THIRUVALLA, PATHANAMTHITTA, PIN - 689541 12 SOURAV MOOPIL AGED 22 YEARS S/O KRISHNAKUMAR, MOOPIL HOUSE, MANGATTIRII P.O, TIRUR, MALAPPURAM DISTRICT, PIN - 676105 13 ATHUL.P AGED 22 YEARS S/O. GANESHAN.P., KOODATHINGAL (CHAITHRAM) KAKKODI.P.O., PADINHATTUMURI, KOZHIKODE, PIN - 673611 3 ## Crl.M.C No.8862 of 2022 |14|ASWIN.K.V|ASWIN.K.V|| |---|---|---|---| ||AGED 22|YEARS|| ||S/O. NARAYANAN, KOYADAN VEEDU,||| ||KANHIRANGAD.P.O., KARIMBAM VIA, KANNUR, PIN -||| ||670142||| |15|ALAN MICHAEL||| ||AGED 20|YEARS|| ||S/O. MICHAEL, PULIKUNNEL HOUSE, MAIN ROAD,||| ||ALATHUR, PALAKKAD, PIN - 678541||| |16|JITHIN.P||| ||AGED 21|YEARS|| ||S/O. RAMESHAN.P., KRISHNA NILAYAM,||| ||TRICHAMBARAM, TALIPARAMBA.P.O., KANNUR, PIN -||| ||670141||| |17|MISHAL.T.K||| ||AGED 22|YEARS|| ||S/O. HAMZA.T.K., THORAKDAN HOUSE,||| ||KALLAMOOLA, MAMPATTY MOOLA.P.O.,||| ||MALAPPURAM DISTRICT, PIN - 679332||| |18|SARAN VIJAY||| ||AGED 21|YEARS|| ||S/O. VIJAYAKUMAR.K.K., SRAYILPALLI||HOUSE,| ||VAZHOOR|EAST.P.O., KOTTAYAM, PIN -|686504| |19|SUNILKUMAR.K||| ||AGED 19|YEARS|| ||S/O. BALAKRISHNA NAIR, SARPANGALA,||| ||UKKINADKA.P.O., KASARGOD, PIN - 671552||| |20|SOORAJ.N.R||| ||AGED 19|YEARS|| ||S/O. RAJAN.G., NEDUMPURAM HOUSE,||| ||VATTAKATUPADY, PERUMBAVOOR.P.O., ERNAKULAM, PIN -||| ||683542||| |21|IJAZ ALI N||| ||AGED 20|YEARS|| 4 Crl.M.C No.8862 of 2022 S/O. MUSTHAFA.N., NALLAKANDI HOUSE, NAYARKULANGARA, MAYAND.P.O., KOZHIKODE, PIN - 673008 22 SACHIDANANDAN.M.S AGED 19 YEARS S/O. SATHIAN.M.K., MADATHIPARAMBIL HOUSE, ATTORE, KUTTOOR.P.O.,THRISSUR, PIN - 680013 23 NIKHIL SAHEED.A AGED 21 YEARS S/O. K.S. ABDUL MANAF, HARSHAM, KALIMA NAGAR, OTHUNGODE, THIRUNELLAI.P.O., PALAKKAD, PIN - 678020 24 ARIF KHAN AGED 22 YEARS S/O. ALIKHAN.P., PUTHENPURACKAL HOUSE, ADIMALI.P.O., IDUKKI, PIN - 685561 BY ADVS. ABRAHAM MATHAN K.M.SHYJU ## **RESPONDENT/STATE/DEFACTO COMPLAINANT/INJURED:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 AFEEF T.K AGED 23 YEARS S/O ABOOBACKAR, THECHIKKODAN HOUSE, KAPPU DESOM, THELAKKAD VILLAGE, MALAPPURAM DISTRICT, PIN - 679325 3 ASHIK USMAN P.K AGED 23 YEARS S/O MUHAMMED IQBAL P.K, 5 Crl.M.C No.8862 of 2022 PEEDIKAKANDY HOUSE, THONDAYAD, CHEVARAMBALAM DESOM,CALICUT DISTRICT, PIN - 673017 - 4 MUHAMMED LABEEB AGED 22 YEARS S/O MUHAMMED ANWAR, AMBAYATHINGAL HOUSE, THAZHATHANGADI DESOM, AREEKODE P.O, MALAPPURAM DISTRICT, PIN - 673639 - 5 JACOB THOMAS AGED 24 YEARS S/O THOMAS JACOB, THYKKAKATHU HOUSE, KATTODE MANJADI, THIRUVALLA, KOTTAYAM DISTRICT, PIN - 689105 - 6 MUHAMMED FAYAS.M AGED 22 YEARS S/O MUHAMMADALI.M, MODAVANCHERI HOUSE, EDAVANNAPPARA DESOM, VAIKKAD, MALAPPURAM DISTRICT, PIN - 673645 - 7 MUHAMMED FAVAS T.P AGED 24 YEARS S/O HAMSA, THANDUPARA HOUSE, THANNIKKADAVU DESOM, VAZHIKKADVU, MALAPPURAM DISTRICT, PIN - 679331 - 8 MUHAMMED FAYIS AGED 25 YEARS S/O HUSSAIN, AKKARAPARAMBAN HOUSE, THANCHINGANADAM P.O, NALLUR, MALAPPURAM DISTRICT, PIN - 679325 - 9 RIYAZ.P AGED 24 YEARS S/O SALIM, THEKKETHODIYIL HOUSE,VALANCHERY DESOM, MORAYUR P.O, MALAPPURAM DISTRICT, PIN - 673642 BY ADVS. PUBLIC PROSECUTOR C.DHEERAJ RAJAN ANAND KALYANAKRISHNAN ADV. SREEJA. V - PP **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** 6 Crl.M.C No.8862 of 2022 ## **O R D E R** The petitioners are the accused Nos. 1 to 24 in Crime No.780/2019 of Viyyur Police Station which is now pending as S.C 1011/2021 before the IInd Additional Assistant Sessions Court, Thrissur. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 323, 324, 308 and 506 read with Section 149 of Indian Penal Code. The respondent Nos. 2 to 9 are the victims of the crime. Annexure-1 is the Final Report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant thereto. 2. Heard Sri.Abraham Mathan, the learned counsel appearing for the petitioners, Smt.Sreeja V, the learned Public Prosecutor appearing for the State and Sri. C Dheeraj Rajan, the learned counsel appearing for the respondents 2 to 9. 3. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured persons have sworn Annexures-2 to 9 affidavits respectively. The aforesaid affidavits indicate that, the matter has 7 Crl.M.C No.8862 of 2022 been settled and the injured persons have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents Nos.2 to 9/injured persons also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured persons have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein. 4. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. 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 of the Code of Criminal Procedure can be invoked. 8 Crl.M.C No.8862 of 2022 5. It is true that, one of the offences is under Section 308 of Indian Penal Code. However, it is discernible from the records that, none of the victims have sustained any serious injuries. Moreover, no criminal antecedents of any of the petitioners were brought to my notice. At the time of occurrence of the incident the petitioners as well as the victims were students of the college and the incident occurred inside the campus. Now, all the disputes between the parties have been settled. Therefore, I deem it appropriate to quash the proceedings as against the petitioners by invoking 482 of Cr.P.C. Accordingly, this Crl.M.C. is allowed. Annexure-1 Final Report in Crime No.780/2019 of Viyyur Police Station and all further proceedings in S.C.1011/2021 pending before the IInd Additional Assistant Sessions Court, Thrissur. as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A JUDGE** rpk 9 Crl.M.C No.8862 of 2022 ## **APPENDIX OF CRL.MC 8862/2022** ## PETITIONER ANNEXURES |Annexure|1|TRUE COPY OF THE FINAL REPORT IN S.C.NO.| |---|---|---| |||1011 OF 2021 OF IIND ADDITIONAL ASSISTANT| |||SESSIONS COURT, THRISSUR| |Annexure|2|AFFIDAVIT SWORN IN BY THE SECOND| |||RESPONDENT DATED 21.11.2022| |Annexure|3|AFFIDAVIT SWORN IN BY THE THIRD| |||RESPONDENT DATED 21.11.2022| |Annexure|4|AFFIDAVIT SWORN IN BY THE FOURTH| |||RESPONDENT DATED 21.11.2022| |Annexure|5|AFFIDAVIT SWORN IN BY THE FIFTH| |||RESPONDENT DATED 21.11.2022| |Annexure|6|AFFIDAVIT SWORN IN BY THE SIXTH| |||RESPONDENT DATED 21.11.2022| |Annexure|7|AFFIDAVIT SWORN IN BY THE SEVENTH| |||RESPONDENT DATED 21.11.2022| |Annexure|8|AFFIDAVIT SWORN IN BY THE EIGHTH| |||RESPONDENT DATED 21.11.2022| |Annexure|9|AFFIDAVIT SWORN IN BY THE NINTH| |||RESPONDENT DATED 21.11.2022|