Crl.M.C Nos. 9481/2022 and 9537/2022, High Court of Kerala at Ernakulam

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ziyad Rahman A.A.
Judgment Date: 2023-01-20
Court Decision / Holding: These Crl.M.Cs are allowed, and Annexure-A1 FIR submitted in Crime No.360 of 2018 of Kudiyanmala Police Station and all further proceedings in S.C.Nos.952 of 2019 and 1056 of 2019 on the file of the Assistant Sessions Court, Kannur against the petitioners are hereby quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Shakeer.K
Muhammed Musthafa
Abdul Jabbar .C
Abdul Rouf.K

Respondents

State of Kerala
Ajeesh P.K
Ajin Jose

Legal Representation & Advocates

Counsels for Petitioners

• M. Muhammed Shafi
• T. Rasini Ayisha
• Afrin A.V.K.
• A.V.K.

Counsels for Respondents

• A.V.Anvar
• Smt.Sreeja V.

Case Synopsis & Summary

These Criminal Miscellaneous Cases arise from Crime No.360/2018 of Kudiyanmala Police Station, Kannur, and seek to quash the prosecution against accused nos. 2, 3, 5 (Crl.M.C.9481/2022) and 4 (Crl.M.C.9537/2022). The offences alleged include 143, 147, 148, 294(b), 452, 323, 324, 506(i) and 308 read with 149 IPC. The 2nd and 3rd respondents, victims in the case, have filed affidavits stating they have settled the disputes and have no objection to quashing. The State, via public prosecutor, and SHO verified the settlement as genuine. It was already held in a prior order that proceedings against accused 1 and 6 would be quashed. Relying on Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303, this Court invoked its powers under Section 482 Cr.P.C. to quash the proceedings in light of the private dispute and settlement, as allowing continued prosecution would not serve any fruitful purpose. The learned judge observed that the offences do not reflect serious injuries and there are no criminal antecedents disclosed. Accordingly, the Court allowed the two Crl.M.Cs and quashed the FIR along with all further proceedings in S.C. Nos. 952 of 2019 and 1056 of 2019 before the Assistant Sessions Court, Kannur. This decision reaffirms the recourse to quashing in private disputes where settlement exists.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 294(b) IPCSection 452 IPCSection 323 IPCSection 324 IPCSection 506(i) IPCSection 308 read with 149 IPCSection 482 Cr.P.C.

Legal Doctrines & Maxims

Gian Singh v. State of Punjab and Another (2012) 10 SCC 303 - principle that private disputes may warrant quashing under Section 482 Cr.P.C.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants submit that the dispute with the victims is purely private, there is a settlement evidenced by affidavits (Annexures A2 and A3), and the SHO has verified the genuineness of the settlement. Relying on Gian Singh (2012), they urge quashing of proceedings under Section 482 Cr.P.C. on the ground that continued prosecution would not serve a fruitful purpose given the private nature of the dispute and lack of serious injuries or criminal antecedents.

Contentions of Respondents

The respondents’ argument, represented by the State and respective prosecutors, centers on maintaining the integrity of proceedings unless the settlement is unequivocally genuine and acceptable, and on ensuring that quashing does not undermine criminal justice where the offences alleged are serious or where evidence requires continued investigation.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	(2012) 10 SCC 303	Positive	The court used the Gian Singh principle to exercise its inherent power under Cr.P.C. 482 to quash proceedings in a private-dispute context where a settlement has been reached.

Extracted Judgment Text

Exact text extracted from official judgment records.

Crl.M.C.Nos.9481, 9537 of 2022 1 # _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ # _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A._ _FRIDAY, THE 20[TH] DAY OF JANUARY 2023 / 30TH POUSHA, 1944_ _CRL.MC NO. 9537 OF 2022_ _CRIME NO.360/2018 OF Kudiyanmala Police Station, Kannur AGAINST THE ORDER/JUDGMENTSC 1056/2019 OF SUB COURT, KANNUR PETITIONER/ACCUSED NO.4:_ _ABDUL ROUF.K, AGED 25 YEARS, S/O.ABDUL RASAK, KARUTHANDEERAKATH HOUSE, CHUZHALI AMSOM, VILAKKANNUR ,NADUVIL P.O, THALIPARAMB, KANNUR DT. , PIN – 670 582._ _BY ADVS. M.MUHAMMED SHAFI T.RASINI AYISHA AFRIN A.V.K._ ## _RESPONDENTS/STATE AND DE FACTO COMPLAINANTS:_ _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2 AJEESH P.K, AGED 30 YEARS, S/O.KUNHIRAMAN, PRAN HOUSE, VILAKKANUR, NADUVIL P.O, NADUVIL VILLAGE, THALIPARAMBA, KANNUR DT., PIN – 670 582._ _3 AJIN JOSE, AGED 27 YEARS, S/O.JOSE,_ Crl.M.C.Nos.9481, 9537 of 2022 2 _PULIKODAN HOUSE, VILAKKANUR, NOW RESIDING AT KADANNAPALLI, PARIYARAM, PAYYANUR TALUK, KANNUR DT., PIN – 670 502._ _BY ADV.A.V.ANVAR_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.01.2023, ALONG WITH Crl.MC.9481/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.Nos.9481, 9537 of 2022 3 ## _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 20[TH] DAY OF JANUARY 2023 / 30TH POUSHA, 1944_ ## _CRL.MC NO. 9481 OF 2022_ _CRIME NO.360/2018 OF Kudiyanmala Police Station, Kannur AGAINST THE ORDER/JUDGMENTSC 952/2019 OF SUB COURT, KANNUR_ ## _PETITIONER/ACCUSED NO.2, 3 & 5:_ _1 SHAKEER.K, AGED 23 YEARS, S/O.MUHAMMED M.K, KANNADINAKATH HOUSE,CHUZHALI AMSOM, VILLAKKANNUR, THALIPARAMB, KANNUR DT., PIN – 670 582._ _2 MUHAMMED MUSTHAFA, AGED 27 YEARS, S/O.ABOOBAKER, KARUTHANDEERAKATH HOUSE, THAZHE VILAKKANNUR, NADUVIL P.O, KANNUR DT., PIN – 670 582._ _3 ABDUL JABBAR .C, AGED 28 YEARS, S/O.ABDULLAH, KARUTHANDEERAKATH HOUSE, THAZHE VILAKKANNUR, NADUVIL P.O, KANNUR DT., PIN – 670 582._ _BY ADVS. M.MUHAMMED SHAFI T.RASINI AYISHA AFRIN A.V.K._ Crl.M.C.Nos.9481, 9537 of 2022 4 ## _RESPONDENTS/STATE AND DE FACTO COMPLAINANTS:_ - _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031._ _2 AJEESH P.K, AGED 30 YEARS, S/O.KUNHIRAMAN, PRAN HOUSE, VILAKKANUR NADUVIL P.O, NADUVIL VILLAGE, THALIPARAMBA, KANNUR DT., PIN – 670 582._ _3 AJIN JOSE, AGED 27 YEARS, S/O.JOSE, PULIKODAN HOUSE, VILAKKANUR, NOW RESIDING AT KADANNAPALLI, PARIYARAM, PAYYANUR TALUK, KANNUR DT., PIN – 670 502._ _BY ADV.A.V.ANVAR_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.01.2023, ALONG WITH Crl.MC.9537/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.Nos.9481, 9537 of 2022 5 ## **O R D E R** ## **[Crl.M.C.Nos.9537/2022, 9481/2022]** These Crl.M.Cs are filed by accused in Crime No.360 of 2018 of Kudiyanmala Police Station. Crl.M.C.No.9481 of 2022 is filed by the accused Nos.2, 3 and 5 in the aforesaid crime, whereas Crl.M.C.No.9537of 2022 is filed by the 4[th] accused. The proceedings against accused Nos.2, 3 and 5 are pending as S.C.No.952 of 2019 before the Assistant Sessions Court, Kannur and the proceedings against the 4[th] respondent is pending as S.C.No.1056 of 2019 before the same court. 2. The offences alleged against the petitioners and other accused are under Sections 143, 147, 148, 294(b), 452, 323, 324, 506(i), 308 read with 149 IPC. The 2[nd] and 3[rd] respondents are the victims of the crime. Annexure-A1 is the final report submitted by the Police. As per order passed by this court in Crl.M.C.No.8577 of 2022. Proceedings against the accused 1 and 6 are already quashed. This Crl.M.C. is filed to quash all further proceedings against the accused persons pursuant to Annexure-A1. 3. Heard Sri.Muhammed Shafi, learned counsel for the petitioners, Sri.M.P.Prashanth, learned Public Prosecutor in Crl.M.C.Nos.9481, 9537 of 2022 6 Crl.M.C.No.9537 of 2022 and Smt.Sreeja V., learned Public Prosecutor in Crl.M.C.No.9481 of 2022 and Sri.A.V.Anvar, learned counsel for the respondents 2 and 3 in both the cases. 4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexures-A2 and A3 affidavits sworn by the 2[nd] and 3[rd] respondents are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2[nd] and 3[rd] respondents had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 2[nd] and 3[rd] respondents also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine. 5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in **Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303]** , proceedings can be quashed by invoking the powers of this Court Crl.M.C.Nos.9481, 9537 of 2022 7 under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue. 6. It is true that, one of the offences is under Section 308 IPC. However, it is discernible from the records that no serious injuries were sustained to the respondents 2 and 3 and also no criminal antecedents of any of the petitioners are brought to my notice. In such circumstances, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C. in this Crl.M.C. In the result, these Crl.M.Cs are allowed, and Annexure-A1 FIR submitted in Crime No.360 of 2018 of Kudiyanmala Police Station and all further proceedings in S.C.Nos.952 of 2019 and 1056 of 2019 on the file of the Assistant Sessions Court, Kannur against the petitioners are hereby quashed. Sd/- ## **ZIYAD RAHMAN A.A. JUDGE** DG/21.1.23 Crl.M.C.Nos.9481, 9537 of 2022 8 ## _APPENDIX OF CRL.MC 9481/2022_ _PETITIONER ANNEXURES_ _Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 360 OF 2018 OF KUDIYANMALA POLICE STATION, KANNUR DISTRICT Annexure A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 28-11-2022 Annexure A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 28-11-2022_ Crl.M.C.Nos.9481, 9537 of 2022 9 ## _APPENDIX OF CRL.MC 9537/2022_ _PETITIONER ANNEXURES_ _Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 360 OF 2018 OF KUDIYANMALA POLICE STATION, KANNUR DISTRICT Annexure A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 28-11-2022 Annexure A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 28-11-2022_