Crl.MC Nos. 4628/2020 & 4648/2020 (Kerala High Court)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2020-11-06
Court Decision / Holding: The petitions are allowed; the further proceedings in C.C.No.91/2020 and C.C.No.598/2018 pending before the Judicial First Class Magistrate, Kalamassery, are quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Amal Varghese
Christin Jacob Thomas
Vysakh Narendran
Alan Antu
Akhil Vincent
Deepesh Mohanan
Naveen Poulouse
Vijin V.
Ronny Thomas
Muhammed Fadi
Jaseela Manzil
Adarsh J.L
Omar Sharief
Omar Khayaz

Respondents

State of Kerala
Naveen Paulose
Ronny
The Station House Officer, Kalamassery Police Station
Akhil Vincent
Vaisakh
Alen Antu

Legal Representation & Advocates

Counsels for Petitioners

• P. K. Varghese
• Sanjana Rachel Jose
• K. C. Santhoshkumar
• K. K. Chandraleekha

Counsels for Respondents

• State of Kerala (Adv. Ajmal Ali, Sr. P.P.; Adv. P. T. Manoj)
• — (other respondents’ counsel not stated in the document)

Case Synopsis & Summary

These Criminal Miscellaneous Cases arise from linked criminal proceedings (C.C.No. 91/2020 and C.C.No. 598/2018) pending before the Judicial First Class Magistrate, Kalamassery. The petitioners—Amal Varghese, Christin Jacob Thomas, Vysakh Narendran, Alan Antu, Akhil Vincent (4628/2020) and Deepesh Mohanan, Naveen Poulouse, Vijin V., Ronny Thomas, Muhammed Fadi, Jaseela Manzil, Adarsh J.L, Omar Sharief, Omar Khayaz (4648/2020) — were accused in these cases; the respondents include the State of Kerala, the police, and the victims/de facto complainants. The petitions contend that the disputes between the parties have been amicably settled out of court, affidavits from the victims have been filed, and there is no public interest in continued prosecution. The Respondents support the settlement as genuine. The learned Judge, after considering the gravity of the offences and the settlement, held that continued prosecution would amount to abuse of process and that quashing the proceedings would serve public interest and justice. Citing Madan Mohan Abbot v. State of Punjab and Gian Singh v. State of Punjab, the court allowed both Crl.MC petitions and quashed the proceedings in CC No. 91/2020 and CC No. 598/2018. The order reflects a trend toward settlement-driven quashing in certain criminal matters.

Provisions of Law Cited

IPC sections 143, 147, 148, 341, 323, 324 read with 149 IPC (Section 149)

Legal Doctrines & Maxims

Abuse of process of Court
Public interest doctrine
Quashing of criminal proceedings on amicable settlements
Settlement out of court encouraged to avoid unnecessary prosecution

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners asserted that the disputes among the accused and the complainants were settled amicably out of court. affidavits from victims were filed confirming the settlement. They submitted that there is no public interest in continuing prosecution and that quashing the proceedings would conserve judicial resources and avoid abuse of process.

Contentions of Respondents

The State/defacto complainants contended that the settlement was genuine and that the Court should consider quashing in light of the amicable resolution, while ensuring no public interest is affected. The Public Prosecutor opined that the affidavits corroborate the settlement and urged the Court to exercise its discretionary power to quash.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Madan Mohan Abbot v. State of Punjab	(2008) 4 SCC 582	Positive	Cited as a guiding precedent for quashing criminal proceedings where amicable settlement exists and court interference is justified to prevent abuse of process.
Gian Singh v. State of Punjab and another	(2012) 10 SCC 303	Positive	Cited for the principle that amicable settlements and public interest considerations warrant quashing where continued prosecution is undesired and not in the public interest.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942** ## **Crl.MC.No.4628 OF 2020(G)** **AGAINST THE ORDER/JUDGMENT IN CC 598/2018 OF JMFC, KALAMASSERY (TEMPORARY) CRIME NO.1683/2018 OF Kalamassery Police Station , Ernakulam** |**PETITIONERS/ACCUSED**<br>**:**|**PETITIONERS/ACCUSED**<br>**:**| |---|---| |**1**|**AMAL VARGHESE,**| ||**AGED 23 YEARS,**| ||**S/O K.B, VARGHESE,**| ||**KALAPURAKAL HOUSE,**| ||**KALAMASSERY P. O.,**| ||**ERNAKULAM DISTRICT,**| ||**PIN – 683 104.**| |**2**|**CHRISTIN JACOB THOMAS,**| ||**AGED 24 YEARS,**| ||**S/O THOMAS JACOB,**| ||**6/826 AATHIRA HOUSE,**| ||**H.M.T ROAD, KALAMASSERY P O,**| ||**ERNAKULAM – 683 104.**| |**3**|**VYSAKH NARENDRAN,**| ||**AGED 23 YEARS,**| ||**S/O K.G. NARENDRANATHAN,**| ||**KIZHAKKETHEMMAYATH PUTHENMADOM HOUSE,**| ||**PALACHUVADU, PADAMUGAL, KAKKANAD P O,**| ||**ERNAKULAM DISTRICT, PIN – 682 030.**| |**4**|**ALAN ANTU,**| ||**AGED 22 YEARS,**| ||**S/O ANTU,**| ||**CHAKIATH HOUSE,**| ||**MANNAMTHURUTH,**| ||**VARAPUZHA P O,**| ||**ERNAKULAM – 683 517.**| |**5**|**AKHIL VINCENT,**| ||**AGED 22 YEARS,**| ||**S/O VINCENT M.G.,**| ||**MARAPARAMBIL HOUSE,**| Crl.MC.NOS. 4628 AND 4648 OF 2020 2 **VARAPUZHA P O, ERNAKULAM – 683 517.** **BY ADVS. SRI.P.K.VARGHESE SMT.SANJANA RACHEL JOSE** ## **- RESPONDENTS/STATE, DEFACTO COMPLAIANANT AND INJURED:** **1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, - 682031, (IN CR.NO. 1683/2018 OF KALAMASSERY POLICE STATION IN ERNAKULAM DISTRICT). 2 NAVEEN PAULOSE, AGED 23 YEARS, S/O PAULOSE, RESIDING AT PUTHUSSERI HOUSE, KOTTUVALLI, NORTH PARAVOOR, ERNAKULAM DISTRICT – 683 513. 3 RONNY, AGED 22 YEARS, S/O MELWIN, RESIDING AT VELUTHEDATHU HOUSE, KALOOR, ELAMKULAM, ERNAKULAM DISTRICT – 682 017. R1 BY SRI.AMJAD ALI, SR.PP R2-3 BY ADV. SRI.P.T.MANOJ** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.11.2020, ALONG WITH Crl.MC.4648/2020(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.NOS. 4628 AND 4648 OF 2020 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942 Crl.MC.No.4648 OF 2020(A)** **AGAINST THE ORDER/JUDGMENT IN CC 91/2020 OF JMFC, KALAMASSERY (TEMPORARY) CRIME NO.1660/2018 OF Kalamassery Police Station , Ernakulam** |**PETITIONER/ACCUSED NO. 1 TO 8**<br>**:**|**PETITIONER/ACCUSED NO. 1 TO 8**<br>**:**| |---|---| |**1**|**DEEPESH MOHANAN,**| ||**AGED 22 YEARS,**| ||**S/O V.N.MOHANAN,**| ||**VADAKKEDATH HOUSE,**| ||**ANGADIKKADAVU P.O.IRITTY,**| ||**KANNUR-670 706.**| |**2**|**NAVEEN POULOSE,**| ||**AGED 22 YEARS,**| ||**S/O POULOSE P.M,**| ||**PUTHUSSERY HOUSE,**| ||**KOONAMMAVU P.O.,**| ||**ERNAKULAM-683 517.**| |**3**|**VIJIN V.,**| ||**AGED 22 YEARS,**| ||**S/O K. VIJAYAN,**| ||**VADAKKAYATH,**| ||**CHERIYAZHEEKAL P.O.,**| ||**KARUNAGAPPALLI,**| ||**KOLLAM-690 573.**| |**4**|**RONNY THOMAS,**| ||**AGED 22 YEARS,**| ||**S/O MELWIN V.R,**| ||**VELUTHEDATH HOUSE,**| ||**ST.FRANCIS XAVIERS CHURCH ROAD,**| ||**KALOOR, KOCHI-682 017.**| |**5**|**MUHAMMED FADI,**| ||**AGED 21 YEARS,**| ||**S/O SHAHID KOYA,**| Crl.MC.NOS. 4628 AND 4648 OF 2020 4 **JASEELA MANZIL, CRESCENT NAGAR, S.R.M. ROAD, KOCHI-682 018.** - **6 ADARSH J.L, AGED 22 YEARS, S/O K. JAYANTHAN, EDAVILAKATTU HOUSE, KOTTAKKAKAM P.O.,ARYANAD, THIRUVANANTHAPURAM-695 542.** - **7 OMAR SHARIEF, AGED 23 YEARS, S/O SAHEER V IBRAHIM, VALIYANGADI HOUSE, BINANIPURAM P.O.,EDAYAR, ERNAKULAM-682 502.** - **8 OMAR KHAYAZ, AGED 22 YEARS, S/O HUMAYOON KABIR, VALIYAVEETTIL KUTTY SAHID AVENUE, S.R.M ROAD, KOCHI-682 018.** **BY ADVS. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANTS:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE STATION HOUSE OFFICER, KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM DISTRICT-683 104.** - **3 AKHIL VINCENT, AGED 20 YEARS, S/O VINCENT, MARAPARAMBIL HOUSE, VARAPPUZHA, ERNAKULAM-683 517.** - **4 VAISAKH, AGED 21 YEARS, S/O NARENDRANATH,** Crl.MC.NOS. 4628 AND 4648 OF 2020 5 # **THENMAYATH PUTHENMADAM, PALACHODU, VAZHAKKALA, KAKKANADU, ERNAKULAM-682 030.** **5 ALEN ANTU, AGED 21 YEARS, CHAKKIYATH HOUSE, VANNANTHURUTH, VARAPPUZHA, ERNAKULAM-683 517.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.11.2020, ALONG WITH Crl.MC.4628/2020(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.NOS. 4628 AND 4648 OF 2020 6 ## **ORDER** ## **Dated this the 6[th] day of November 2020** These petitions are filed by the accused in C.C.No.91/2020 and C.C.No.598/2018 pending before the Judicial Fist Magistrate Court, Kalamassery. These cases are case and counter case. C.C.No. 91/2020 is charge sheeted alleging offences punishable under Sections 143,147,148,341,323 and 324 read with Section 149 of the I.P.C. C.C.No. 598/2018 is charge sheeted alleging offences punishable under Sections 143,147,341 and 323 read with Section 149 of the I.P.C. Defacto complainants in C.C.No. 91/2020 are the accused in C.C.No.598/2018. Since these cases are connected, I am disposing these cases by a common order. 2. Counsel for the petitioners in these cases submitted that the entire disputes between the petitioners are settled out of court. They do not want to continue the criminal Crl.MC.NOS. 4628 AND 4648 OF 2020 7 prosecutions pending against them. Both counsel submitted that the disputes are settled and the affidavits are filed by the respective victims. They have no objection in quashing the proceedings. 3. Learned Public Prosecutor after getting instructions submitted that the settlement reported is genuine. 4. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavits filed by the respondents, the contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of Court and hence, in view of the legal position set out by Crl.MC.NOS. 4628 AND 4648 OF 2020 8 the Honourable Supreme Court in _**Madan Mohan Abbot v. State of Punjab {(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another**_ _**[(2012) 10 SCC 303]**_ **,** there is no impediment in granting the relief. Therefore these Crl.M.Cs. are allowed and all further proceedings in C.C.No.91/2020 and C.C.No.598/2018 pending before the Judicial Fist Magistrate Court, Kalamassery are quashed. ## **Sd/-** ## **P.V.KUNHIKRISHNAN JUDGE** SSK/06/11 Crl.MC.NOS. 4628 AND 4648 OF 2020 9 ## **APPENDIX OF Crl.MC 4628/2020** **PETITIONERS'ANNEXURES: ANNEXURE A1** **ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CR.NO. 1683/2018 OF KALAMASSERY POLICE STATION. ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 12.10.2020. ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 12.10.2020. RESPONDENT'S EXHIBITS:NIL** SSK //TRUE COPY// PA TO JUDGE Crl.MC.NOS. 4628 AND 4648 OF 2020 10 ## **APPENDIX OF Crl.MC 4648/2020** ## **PETITIONER'S ANNEXURES:** ## **ANNEXURE A** **THE COPY OF THE FIRST INFORMATION REPORT DATED 29.9.2018 IN CRIME NO 1660/2018 OF KALAMASSERY POLICE STATION.** ## **ANNEXURE B** **THE COPY OF THE FINAL REPORT DATED 10.2.2020 SUBMITTED BEFO0RE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY.** ## **ANNEXURE C** **THE COPY OF THE SWORN AFFIDAVIT DATED 12.10.2020 SIGNED BY THE RESPONDENT NO. 3.** ## **ANNEXURE D** **THE COPY OF THE SWORN AFFIDAVIT DATED 12.10.2020 SIGNED BY THE RESPONDENT NO. 4.** **ANNEXURE E THE COPY OF THE SWORN AFFIDAVIT DATED 12.10.2020 SIGNED BY THE RESPONDENT NO. 5. RESPONDENT'S EXHIBITS:NIL** SSK //TRUE COPY// PA TO JUDGE