CRL.MC NO.10557 OF 2023

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MRS. JUSTICE SOPHY THOMAS`** ``` THURSDAY, THE 8[TH] DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 ``` ## **`CRL.MC NO. 10557 OF 2023`** ``` CRIME NO.1207/2021 OF Kayamkulam Police Station, Alappuzha ``` ## **`AGAINST THE ORDER/JUDGMENT CC 746/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM`** ## **`PETITIONERS/ACCUSED NOS.1,2,3,5,6,10,12,13 AND 14:`** - `1 AL FIRDOUS K S AGED 23 YEARS S/O SHAJAHAN, KIZHAKKAYYATHU HOUSE, PUTHEN ROAD JUNCTION, KAREELAKULANGARA P.O., ALAPPUZHA, PIN - 690572` - `2 SAFWAN AGED 23 YEARS S/O ABDUL SATHAR, YELLOWS HOUSE, NEAR NORTH STREET, KAYAMKULAM P.O., ALAPPUZHA PIN - 690502` - `3 SALMAN.M AGED 22 YEARS S/O MUHAMMED, PANAMOOTTIL HOUSE, VERUVALLY BHAGOM, KOTTUKULANGARA, KAYAMKULAM P.O., ALAPPUZHA, PIN - 690502` - `4 ARAFATH RASHEED AGED 21 YEARS S/O ABDUL RASHEED, NAINARETHU HOUSE, ERUVA P.O., ALAPPUZHA, PIN - 690572` - `5 MOHAMMED SUHAIB M AGED 22 YEARS S/O MUHAMMED SHAJI, VALAYIL HOUSE, MUKKAVALA, KAYAMKULAM P.O., ALAPPUZHA, PIN - 690502` - `6 KIRAN H AGED 21 YEARS S/O HARIKUMAR, KOYIKKAL PADIKKAL KIZHAKATHIL, ERUVA P.O., ALAPPUZHA, PIN - 690572` - `7 MUHAMMED SHA. S AGED 23 YEARS S/O SHAJAHAN, PARAYANTAYYATHU HOUSE, KADATHOOR P.O., THAZHAVA, KARUNAGAPALLY, KOLLAM, PIN - 690523` - `8 ASIF C I AGED 23 YEARS S/O IBRAHIM, THARAAL HOUSE, CHERAVALLY, KAYAMKULAM P.O., ALAPPUZHA, PIN - 690572` - `9 NAJMAL KHAN A AGED 23 YEARS S/O ABDUL KALAM, HAMEEDKUNJU TOWER, KAVANADU P.O., KOLLAM -, PIN - 691003` - `BY ADV GOKUL D. SUDHAKARAN` ``` CRL.MC NO.10557 OF 2023 ``` 2 ## **`RESPONDENTS/STATE COMPLAINANT AND DEFACTO COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031` - `2 THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM, ALAPPUZHA, PIN - 690502` - `3 MILAD - E - SHEREIFF MEMORIAL COLLEGE REPRESENTED BY ITS PRINCIPAL MSM COLLEGE JUNCTION, KAYAMKULAM P.O., ALAPPUZHA, PIN - 690502` - `4 BHADRAKUMARI, AGED 57 YEARS W/O MOHANAKUMAR, MUTTATHU VEETTIL, THOTTUMUKHAM MURI, MYNAGAPALLY, KOLLAM, PIN - 690519` - `5 K.I RAZIA, AGED 52 YEARS W/O NIZAM, KALIVEEDU, KONCHARAVILA, KALIYAMKULAM VILLAGE, MANACAUD P.O., THIRUVANANTHAPURAM, PIN - 695005` - `6 JIJO C.VARGHESE, AGED 32 YEARS S/O VARGHESE CHACKO, NAZARATHIL VEEDU, VEEYAPURAM MURI, VEEYAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA, PIN - 690502` - `7 SHABNAM AGED 37 YEARS W/O SHAMNAD CHARUVILA VEEDU, MOODHAYIL BHAGOM, MANGODU VILLAGE, KOLLAM, PIN - 691008` - `8 REKHA NAIR, AGED 42 YEARS W/O SUNILKUMAR, JANAKI HOUSE, NELLIPALLY P.O., KOLLAM, PIN - 691331` ``` SRI. VIPIN NARAYAN -SR.PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO.10557 OF 2023 ``` 3 ## **ORDER** This Crl.M.C. under Section 482 of Cr.P.C. is filed by accused Nos.1, 2, 3, 5, 6, 10, 12, 13 and 14 in Crime No.1207 of 2021 of Kayamkulam Police Station, Alappuzha, registered under Sections 143, 147, 149, 294(b) and Section 427 of IPC, and Section 5 of Kerala Prevention of Damages to Private Property & Payment of Compensation Act, 2019 for quashing the proceedings in C.C.No.746 of 2022 on the file of Judicial First Class Magistrate Court-I, Kayamkulam. 2. The prosecution allegation is that, on 23.12.2021, the petitioners along with other accused persons, assembled and protested in the college campus, uttered obscene words against the 4[th] respondent/defacto complainant, who is the Principal as well as against other Faculties of the College, and committed mischief by damaging the college properties. 3. When the matter is taken up for consideration, ``` CRL.MC NO.10557 OF 2023 ``` 4 learned counsel for the petitioners would submit that the matter stands settled between themselves and respondents 5 to 8, and produced Annexures IV to VII affidavits of respondents 5 to 8, endorsing the factum of settlement, and stating that, neither they have any intention to continue with the prosecution as against the petitioners nor any objection in quashing the proceedings in C.C.No.746 of 2022, as against the petitioners. 4. Learned Public Prosecutor on instructions submitted that the matter has been settled between the petitioners and respondents 5 to 8, and he produced signed statements of respondents 5 to 8, stating that as the matter is settled between themselves and the petitioners, they have no objection in quashing the proceedings in C.C.No.746 of 2022, as against the petitioners. 5. In the case on hand the petitioners are accused ``` CRL.MC NO.10557 OF 2023 ``` 5 Nos.1, 2, 3, 5, 6, 10, 12, 13 and 14, and the settlement is between them and respondents 5 to 8. Respondents 5 to 8 have not settled the matter with the other accused. In **Sajeev and Another v. State of Kerala and Another** [2022 (3) KHC 69] this Court held that, it is permissible in law to quash the FIR or final report only against one or some of the accused on the ground of settlement, depending upon the facts and circumstances of each case invoking Section 482 of Cr.P.C. Paragraph 9 of **Sajeev’s case** cited supra reads as follows:- “9. It is true that the settlement was arrived at between the 2nd respondent and the accused Nos.2 and 4 alone who are the petitioners. No settlement was arrived at with the remaining accused. Hence, the question is whether the FIR / Final Report against some of the accused alone could be quashed on the ground of settlement invoking S.482 of Cr.P.C. The Apex Court in Lovely Salhotra and Another v. State NCT of Delhi and Another, 2017 KHC 3564 : (2018) 12 SCC 391 : 2017 (2) KLT 424 : AIR 2017 SC 2595 quashed the proceedings against one of the accused alone, invoking ``` CRL.MC NO.10557 OF 2023 ``` 6 S.482 of Cr.P.C. That was a case where the High Court refused to quash the proceeding holding that the FIR cannot be quashed in part. True, in the said case, the Apex Court had taken into account the facts of the case that no cognizable offence was made out. The Apex Court, on facts, also found that no offence was made out against the appellant/accused therein. However, the principle that could be deduced from the dictum laid down in the said decision is that it is not impermissible to quash the FIR qua some of the accused alone, depending on the facts and circumstances of each case. In Sreejith v. State of Kerala and Another (Crl.M.C.No.3343/2021 dated 10/08/2021), this Court quashed the proceedings against one of the accused alone on the ground of settlement invoking S.482 of Cr.P.C. In these circumstances, I hold that it is permissible in law to quash the FIR or Final Report only against one or some of the accused on the ground of settlement, depending upon the facts and circumstances of each case invoking S.482 of Cr.P.C.” 6. Respondents 5 to 8 has condoned the act of the petitioners, and filed affidavits stating that they have no intention to proceed against the petitioners. In such ``` CRL.MC NO.10557 OF 2023 ``` 7 circumstances, the crime can be quashed as against them alone. 7. In the light of the decision cited Supra, and also relying on the principles laid down by the Apex Court in **Gian Singh v. State of Punjab and Another** ; [(2012) 10 SCC 303)], and **State of Madhya Pradesh v. Laxmi Narayan and Others** ; [(2019) 5 SCC 688], this Court is of the view that the proceedings against the petitioners can be quashed on the basis of settlement. In the result, this Crl.M.C. is allowed and the proceedings in C.C.No.746 of 2022 on the file of Judicial First Class Magistrate Court-I, Kayamkulam, stand quashed, as against the petitioners herein. It is made clear that the proceedings in C.C.No.746 of 2022 on the file of Judicial First Class Magistrate Court-I, Kayamkulam shall be continued as against other accused persons. ``` CRL.MC NO.10557 OF 2023 ``` 8 Registry to forward a copy of the order to Judicial First Class Magistrate Court-I, Kayamkulam forthwith to proceed with CC No.746 of 2022 against the accused, other than the petitioners herein. Sd/- **SOPHY THOMAS JUDGE** ska ``` CRL.MC NO.10557 OF 2023 ``` 9 ## **`APPENDIX OF CRL.MC 10557/2023`** ## `PETITIONER ANNEXURES` |`Annexure -I`|`TRUE COPY OF THE FIR IN CRIME NO.1207/2021 OF`| |---|---| ||`KAYAMKULAM POLICE STATION DATED 24-12-2021`| |`Annexure -`|`TRUE COPY OF THE FINAL REPORT IN CRIME NO.`| |`II`|`1207/2021 ISSUED TO THE 2ND ACCUSED FROM THE`| ||`HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I,`| ||`KAYAMKULAM DATED 30-06-2022`| |`Annexure -`|`TRUE COPY OF THE LETTER ISSUED BY THE MANAGEMENT`| |`III`|`DATED 06-07-2023 TO THE 4TH RESPONDENT`| |`Annexure -`|`THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT DATED 16-`| |`IV`|`07-2023`| |`Annexure -V`|`THE AFFIDAVIT SWORN BY THE 6TH RESPONDENT DATED 16-`| ||`07-2023`| |`Annexure -`|`THE AFFIDAVIT SWORN BY THE 7TH RESPONDENT DATED 16-`| |`VI`|`07-2023`| |`Annexure -`|`THE AFFIDAVIT SWORN BY THE 8TH RESPONDENT DATED 16-`| |`VII`|`07-2023`| |`Annexure -`|`TRUE COPY OF THE NO OBJECTION LETTER DATED 20-10-`| |`VIII`|`2023 ISSUED BY THE COLLEGE MANAGEMENT`|