CRL.M.C Nos. 649, 1356 & 4182 of 2023 (Vijay Kirgandur; Rishab Shetty; BL Ajaneesh v. State of Kerala and others; Prithviraj Sukumaran v. State of Kerala and others)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 ``` ``` CRL.MC NO. 649 OF 2023 ``` ## **`PETITIONERS/ACCUSED NOS.1,2 & 4:`** ``` 1VIJAY KIRGANDUR AGED 47 YEARS HOMBALE FILIMS, 2ND FLOOR, OPPO ORION MALL, BANGALORE, RAJAJI NAGAR, BANGALORE, KARNATAKA, PIN - 560010 2RISHAB SHETTY AGED 39 YEARS S/OY.BHASKAR SHETTY, @WG72 347, DIRECTOR AND ACTOR, MAILA, SANDARA, BANGALORE, KARNATAKA, PIN - 560098 3B L AJANEESH @ AKA AJJU AGED 34 YEARS S/O. B.LOKMATH, @343, DIVIK GOKUL, 3RD FLOOR, DOOR NO. 3/6, JAYA NAGAR 2ND BLOCK, BANGALORE, KARNATAKA, PIN - 560011 BY ADVS. JOSEPH KODIANTHARA (SR.) ANOOP.V. NAIR LAYA MARY JOSEPH(K/000725/2016) P.B.KRISHNAN(K/1193/1994) ROHAN MAMMEN ROY E.ADITHYAN ``` ## **`RESPONDENTS/STATE/COMPLAINANTS :`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031` - `2 THE STATION HOUSE OFFICER KOZHIKODE TOWN POLICE STATION KOZHIKODE DISTRICT, PIN - 673001` - `3 MATHRUBHOOMI PRINTING AND PUBLISHING COMPANY LTD KP KESHAVA MENON ROAD, KOZHIKODE TOWN, KOZHIKODE DISTRICT REPRESENTED BY ITS MANAGER, PIN - 673001 BY ADVS.SANAL P.RAJ, PUBLIC PROSECUTOR Dinoop PD M.UMA DEVI(K/591/1994) SATISH MURTHI(K/702-D/1992)` CrlM.C. Nos.649, 1356 & 4182 of 2023 **2** ``` ANANDA PADMANABHAN(K/597/2017) C.UNNIKRISHNAN (KOLLAM)(K/864/1994) DIRECTOR GENERAL OF PROSECUTION(AG-10) P.NARAYANAN, SENIOR G.P. AND ADDL.PP SHRI.SAJJU.S., SENIOR G.P.() SRI.P. VIJAYABHANU SRI.RENYKRISHNAN ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON25.10.2023,ALONGWITH Crl.MC.1356/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` CrlM.C. Nos.649, 1356 & 4182 of 2023 **3** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, ``` ## **`1945`** ## **`CRL.MC NO. 1356 OF 2023`** ## **`PETITIONER/ACCUSED NO.1:`** ``` PRITHVIRAJ SUKUMARAN, AGED 40 YEARS FLAT NO. 4, 59/300 E, ASSET CASA GRANDE MALIYEKKAL ,THEVARA, COCHIN, ERNAKULAM CITY, KERALA - 682013 BY ADVS.JOSEPH KODIANTHARA (SR.) VIJAY V. PAUL THOMAS J.ANAKKALLUNKAL CHELSON CHEMBARATHY GOKUL KRISHNAN R. JAYARAMAN S. ANUPA ANNA JOSE KANDOTH ``` ## **`RESPONDENTS/STATE & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031 2THE MATHRUBHUMI PRINTING AND PUBLISHING CO. LTD. M.J. KRISHNAMOHAN MEMORIAL BUILDING, K.P. KESAVA MENON ROAD, KOZHIKODE-673001 REPRESENTED BY - SRI G. ANAND BY ADVS.RENJITH T.R, PP M.UMA DEVI SATISH MURTHI SRUTHY K.K P.VIJAYA BHANU (SR.) P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI SRUTHY N. BHAT ``` CrlM.C. Nos.649, 1356 & 4182 of 2023 **4** ``` RAHUL SUNIL NIKITA J. MENDEZ ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Crl.MC.649/2023, 4182/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` CrlM.C. Nos.649, 1356 & 4182 of 2023 **5** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, ``` ``` 1945 ``` ``` CRL.MC NO. 4182 OF 2023 ``` ## **`PETITIONERS/ACCUSED 1 & 4:`** ``` 1VIJAY KIRGANDUR, AGED 47 YEARS DESIGNATED PARTNER, HOMBALE FILIMS 2ND FLOOR, OPPO ORION MALL, BANGALORE, RAJAJI NAGAR, BANGALORE, KARNATAKA, PIN - 560010 2B L AJANEESH @ AKA AJJU, AGED 34 YEARS S/O. B.LOKMATH, @343, DIVIK GOKUL, 3RD FLOOR, DOOR NO. 3/6, JAYA NAGAR 2ND BLOCK, BANGALORE, KARNATAKA, PIN - 560011 BY ADVS. ANOOP.V.NAIR P.B.KRISHNAN LAYA MARY JOSEPH AVANTHIKA R. ``` ## **`RESPONDENTS/STATE/COMPLAINANTS:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2THE STATION HOUSE OFFICER, KOZHIKODE TOWN POLICE STATION, KOZHIKODE DISTRICT, PIN - 673001 3THE MATHRUBHOOMI PRINTING AND PUBLISHING COMPANY LTD, KP KESHAVA MENON ROAD, KOZHIKODE TOWN, KOZHIKODE DISTRICT PIN - 673001 REPRESENTED BY ITS AUTHORIZED SIGNATORY G.ANAND, ``` CrlM.C. Nos.649, 1356 & 4182 of 2023 **6** ``` BY ADVS. PUBLIC PROSECUTOR M.UMA DEVI SATISH MURTHI ``` ## **`OTHER PRESENT:`** ``` SRI.HRITHWIK.C.S, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON25.10.2023,ALONGWITH Crl.MC.1356/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` CrlM.C. Nos.649, 1356 & 4182 of 2023 **7** **P.V.KUNHIKRISHNAN, J. -------------------------------Crl.M.C. Nos.649, 1356 & 4182 of 2023 ---------------------------------------------Dated this the 25[th] day of October, 2023** ## **ORDER** These Criminal Miscellaneous Cases are connected and therefore, I am disposing these cases by a common order. 2. These cases are filed for quashing the FIR in Crime No.703/2022 of Kozhikode Town Police Station. The above case is registered alleging offences punishable under Section 63 of the Copyright Act. 3. Today, when these matters came up for consideration, the learned Senior Counsel Adv.Joseph Kodianthara as instructed by Adv.Vijay V.Paul, submitted that the entire dispute between the petitioners and the victim are settled and they have no objection in quashing the proceedings. The counsel appearing for the victim also submitted that the matter is settled and the victim has no objection in quashing the prosecution. An agreement executed between the parties is also produced to show the settlement. CrlM.C. Nos.649, 1356 & 4182 of 2023 **8** 4. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. But the Public Prosecutor conceded that the matter is settled between the parties. 5. This Court has considered the submission of the petitioners, victim and the Public Prosecutor. 6. In **State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688),** three judge bench of the Hon'ble Supreme Court has summarized the situation in which non compoundable offences can be quashed invoking the powers under Section 482 of the Code. The Apex Court in **Laxmi Narayan** 's case (supra) also relied on the law laid down in **Gian Singh v. State of Punjab and another (2012 (10) SCC 303)** and **Narinder Singh and others v. State of Punjab and another (2014 (6) SCC 466)** . The Apex Court in paragraph 13 of the **Laxmi Narayan** 's case discussed the law in detail and the same is extracted hereunder: “13. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under: i) that the power conferred under S.482 of the Code to quash the criminal proceedings for the non - CrlM.C. Nos.649, 1356 & 4182 of 2023 **9** compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under S.482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest CrlM.C. Nos.649, 1356 & 4182 of 2023 **10** its decision merely because there is a mention of S.307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of S.307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under S.307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital / delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed / charge is framed and / or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated herein above; v) while exercising the power under S.482 of the Code to quash the criminal proceedings in respect of non- compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement / compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, CrlM.C. Nos.649, 1356 & 4182 of 2023 **11** whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.” 7. Keeping in mind the above dictum laid down by the Apex Court, this Court perused the facts in this case and also perused the documents produced by the parties. After going through the entire facts and circumstances, I am of the considered opinion that, the dispute is private in nature and the settlement can be accepted. Therefore, these Criminal Miscellaneous Cases are allowed. All further proceedings against the petitioners in these cases, in Crime No.703/2022 of Kozhikode Town Police Station, are quashed. sd/- **P.V.KUNHIKRISHNAN JUDGE** JV CrlM.C. Nos.649, 1356 & 4182 of 2023 **12** ## **`APPENDIX OF CRL.MC 649/2023`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`| |---|---| |`Annexure VI`|`TRUE COPY OF THE COMPLAINT FILED BY`| ||`THE DE-FACTO COMPLAINANT IN THE MATTER`| ||`HEREIN`| |`Annexure I`|`TRUE COPY OF THE FIR REGISTERED BY THE`| ||`KOZHIKODE TOWN POLICE STATION IN CRIME`| ||`NO. 703/2022`| |`Annexure II`|`TRUE COPY OF THE ORDER IN I.A. NO.`| ||`11/2022 IN O.S. NO. 4/2022 PASSED BY`| ||`THE HON'BLE PALAKKAD DISTRICT COURT ,`| ||`DATED 03.12.2022`| |`Annexure III`|`TRUE COPY OF THE ORDER IN I.A. 11/2022`| ||`IN O.S. NO.14/2022, PASSED BY THE`| ||`HON'BLE KOZHIKODE DISTRICT COURT,`| ||`DATED 25.11.2022`| |`Annexure IV`|`TRUE COPY OF THE FAO NO. 147/2022,`| ||`WITHOUT ANNEXURES, FILED BY THE`| ||`THAIKUDAM BRIDGE BAND GROUP BEFORE`| ||`THIS HON'BLE COURT`| |`Annexure V`|`TRUE COPY OF I.A NO. 1/2023 IN FAO`| ||`147/2022, FILED BY THE APPELLANT`| ||`THEREIN`| |`Annexure VI`|`COPY OF THE COMPLAINT FILED BY THE`| ||`DEFACTO COMPLAINANT IN THE MATTER`| ||`HEREIN`| |`RESPONDENT ANNEXURES`|| |`annexure R3[a]`|`true copy of the plaint Os 4/22 before`| ||`the District court palakkad`| |`annexure R3[b]`|`true copy of the screen shot of the`| ||`lyrical video of the song varaha`| ||`Roopam inthe official web site of 1st`| ||`petitioner`| |`annexure R3[c]`|`true copy of the order date 28/10/22`| ||`in Os 14/22 district judge kozhikode`| |`annexure R3[d]`|`true copy of the order date 2/11/22 in`| ||`os 4/22 district court palakkad`| |`annexure R3[e]`|`true copy of the social media post of`| ||`the 2nd petitioner stating falsely`| ||`that he has won the case`| CrlM.C. Nos.649, 1356 & 4182 of 2023 **13** ## `PETITIONER ANNEXURES` ``` Annexure VIITRUE COPY OF THE ORDER IN CMP NO. 1802/2022, DATED 05.11.2022, PASSED BY THE HON'BLE JFCM COURT, KOZHIKODE Annexure VIIITRUE COPY OF THE AGREEMENT ENTERED UPON BETWEEN THE 1ST PETITIONER AND THE 3RD RESPONDENT, THYKOODAM BRIDGE AND THE 3RD ACCUSED WHO IS ALSO AFFECTED BY THE FIR, DATED 18.10.2023 ``` CrlM.C. Nos.649, 1356 & 4182 of 2023 **14** ## **`APPENDIX OF CRL.MC 4182/2023`** ``` PETITIONER ANNEXURES Annexure ITRUE COPY OF THE FIR REGISTERED BY THE KOZHIKODE TOWN POLICE STATION IN CRIME NO. 703/2022 Annexure IITRUE COPY OF THE ORDER IN I.A. NO. 11/2022 IN O.S. NO. 4/2022 PASSED BY THE HON'BLE PALAKKAD DISTRICT COURT, DATED 03.12.2022, Annexure IIITRUE COPY OF THE ORDER IN I.A NO. 11/2022 IN O.S. NO.14/2022 PASSED BY THE HON'BLE KOZHIKODE DISTRICT COURT, DATED 25.11.2022, Annexure IVTRUE COPY OF THE FAO NO. 147/2022 WITHOUT ANNEXURES, FILED BY THE THAIKUDAM BRIDGE BAND GROUP BEFORE THIS HON'BLE COURT Annexure VTRUE COPY OF I.A NO. 1/2023 IN FAO 147/2022, FILED BY THE APPELLANT THEREIN Annexure VITRUE COPY OF THE ORDER DATED 13.04.2023 IN I.A NO. 3/2023 IN O.S. NO. 3/2023, PASSED BY THE DISTRICT COURT, KOZHIKODE Annexure VIITRUE COPY OF THE INTERIM ORDER DATED 18.04.2023, PASSED BY THIS HON'BLE COURT IN FAO NO.36/2023 FILED BY THE PETITIONERS HEREIN Annexure VIIIA TRUE COPY OF THE ORDER DATED 05.04.2023 PASSED BY THE CHIEF JUDICIAL MAGISTRATE, KOZHIKODE Annexure IXTRUE COPY OF THE AGREEMENT ENTERED UPON BETWEEN THE 3RD RESPONDENT AND THE THAIKKUDAM BRIDGE IN RESPECT OF MAKING OF THE SONG NAVARASAM Annexure XTRUE COPY OF THE ORDER DATED 08.02.2023, PASSED BY THIS HON'BLE COURT IN BAIL APPLICATION NO. 759/2023 Annexure XITRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE SUPREME COURT IN S.L.A. (CRL) NO 2019/ 2023, DATED 10.02.2023 ``` CrlM.C. Nos.649, 1356 & 4182 of 2023 **15** ``` Annexure XIITRUE COPY OF THE ORDER DATED 17.03.2023 PASSED BY THE HON'BLE SUPREME COURT IN SPECIAL LEAVE APPEAL (CRL NO) 2019/2023 ``` CrlM.C. Nos.649, 1356 & 4182 of 2023 **16** ## **`APPENDIX OF CRL.MC 1356/2023`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`| |---|---| |`Annexure 1`|`TRUE COPY OF THE NOTICE U/S 41(A) OF`| ||`CRPC SERVED TO THE PETITIONER`| |`Annexure II`|`COPY OF THE REPLY LETTER TO THE NOTICE`| ||`U/S 41(A) ISSUED BY THE 1ST RESPONDENT`| |`Annexure3`|`CERTIFIED COPY OF THE FIR REGISTERED`| ||`BY THE KOZHIKODE TOWN POLICE STATION`| ||`IN CRIME NO. 703/2022`| |`Annexure4`|`CERTIFIED TRUE COPY OF THE PRIVATE`| ||`COMPLAINT FILED BY THE 2ND RESPONDENT`| ||`BEFORE THE CHIEF JUDICIAL MAGISTRATE,`| ||`KOZHIKODE`| |`Annexure V`|`TRUE COPY OF THE PLAINT IN O.S. NO.`| ||`4/2022 BEFORE THE HON'BLE PALAKKAD`| ||`DISTRICT COURT`| |`Annexure VI`|`COPY OF THE PLAINT IN O.S. NO.14/2022`| ||`BEFORE THE HON'BLE KOZHIKODE DISTRICT`| ||`COURT`| |`Annexure VII`|`TRUE COPY OF THE ORDER IN O.S. NO.`| ||`4/2022 BEFORE THE HON'BLE PALAKKAD`| ||`DISTRICT COURT`| |`Annexure VIII`|`TRUE COPY OF THE ORDER IN O.S.`| ||`NO.14/2022 BEFORE THE HON'BLE`| ||`KOZHIKODE DISTRICT COURT`| |`Annexure IX`|`COPY OF THE SAID LEGAL NOTICE ISSUED`| ||`TO THE MUSIC BAND'S COUNSEL DATED`| ||`31.10.2022`| |`Annexure X`|`COPY OF THE REPLY NOTICE DATED`| ||`01.11.2022`| |`Annexure XI`|`COPY OF THE COUNTER AFFIDAVIT FILED AS`| ||`I.A 03/2022 IN O.S 04/2022 BEFORE THE`| ||`HON'BLE DISTRICT AND SESSIONS COURT,`| ||`PALAKKAD BY PRITHVIRAJ PRODUCTIONS`| ||`PRIVATE LIMITED`| |`Annexure XII`|`TRUE COPY OF THE ORDER IN I.A NO.`| ||`1/2023 IN FAO 147/2022 DATED`| ||`12.01.2023`| |`Annexure XIII`|`TRUE COPY OF THE CASE DETAILS STATUS`| ||`DOWNLOADED FROM HIGH COURT'S ONLINE`| CrlM.C. Nos.649, 1356 & 4182 of 2023 **17** ``` PORTAL IN FAO NO. 147/2022, FILED BY THE MUSIC BAND BEFORE THIS HON'BLE COURT ``` ``` Annexure XIVWITHDRAWAL DEED BY THE 2ND RESPONDENT DATED 18.10.2023 ```