High Court of KeralaSingle Judge2020-08-10Crl.M.C Nos.2246/2020 and 2247/2020 allowed; CC...

Crl.MC.2246/2020(A) & Crl.MC.2247/2020(A) v. State of Kerala and others

Case / Petition Number:Crl.MC.2246/2020(A) and Crl.MC.2247/2020(A)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V. G. Arun
Judgment Date: 2020-08-10
Court Decision / Holding: The Crl.M.Cs are allowed. The proceeding CC Nos. 58/2020 and 1930/2018 pending before the Judicial First Class Magistrate Court-III, Neyyattinkara are quashed.
Final Disposition: Crl.M.C Nos.2246/2020 and 2247/2020 allowed; CC Nos.58/2020 and 1930/2018 quashed in the Neyyattinkara court of the Judicial First Class Magistrate (III). The matter is disposed of by quashing.

Parties to the Case

Appellants / Petitioners

Jithu J, S/O Jayan.N., Meley Kidayan Kara Veedu, Nalloorvattom, Plamootukada P.O., Thiruvananthapuram 695 122
Sachin B.V, S/O Balachandran R, Kavuvila Veedu, Venniyoor, Nellivila P.O., Thiruvananthapuram 695 523
Aromal C.R, S/O Chandu B.S., Saraswathy Mandiram, Thalayal, Chaliyod u, Balramapuram, P.O. Thiruvananthapuram 695 501
Jibin B.B, S/O Bov as.K., Bethel Bhavan, Keleswaram, Kalliyoor P.O., Thiruvananthapuram 695 042
Aravind Perumal, S/O P. Rajakumar, T.C. 43/1226/3, Sreekrishnabavan, Muttathara, Vallakkadavu P.O., Thiruvananthapuram 695 008
Ashin C., S/O Crosgin D., Sara Bhavan, Vedakkumannadi, Keezhkolla, Amaravila P.O., Thiruvananthapuram 695 122
Mohammad Safin S.N., S/O Shajahan, Safeeriya Manzil, TC 65/1676, Kumili Nagar 155, Pachallo or P.O., Thiruvananthapuram 695 027

Respondents

State of Kerala through the Station House Officer, Kanjiramkulam Police Station (Crime No. 864/2017) Thiruvananthapuram Rural, represented by the Public Prosecutor, High Court of Kerala, Ernakulam
Aravind Perumal, S/O P. Rajakumar, T.C. 43/1226/3, Sreekrishnabhavan, Muttathara, Vallakkadavu P.O., Thiruvananthapuram 695 008
Ajay A.L., S/O Anilkumar A.L., Lekshmi Vilasom, Mekkolla, Dhanuvachapuram P.O., Thiruvananthapuram 695 503
Mohammed Safin S.N., S/O Shajahan, Safeeriya Manzil, TC 65/1676, Kumili Nagar 155, Pachalloor P.O., Thiruvananthapuram 695 027
Ashin C., S/O Crosgin D., Sara Bhavan, Vedakkumannadi, Keezhkolla, Amaravila P.O., Thiruvananthapuram 695 122
Jithu J, S/O Jayan.N., Meley Kidayan Kara Veedu, Nalloorvattom, Plamootukada P.O., Thiruvananthapuram 695 122
Jayaprakash R, S/O Rajagopala, Lovely Sadan Punann-inna, Kizha-kariku, Mamkottam, Plamootukada P.O., Thiruvananthapuram 695 133
Arun T, S/O Thulasheedharan, Thulasi Bhavan, Thalayal, Chaliyoduv, Pallichal Village, Estes P.O., Thiruvananthapuram 695 019

Legal Representation & Advocates

Counsels for Petitioners

• Shahid Azeez
• Sampath V. Tom(s)
• Christy Thomas

Counsels for Respondents

• Sampath V. Tom(s)
• Shahid Azeez

Case Synopsis & Summary

These Criminal Miscellaneous Petitions (Crl.M.C. Nos. 2246/2020 and 2247/2020) are disposed by Justice V.G. Arun of the Kerala High Court. The petitions seek quashing of criminal proceedings pending before the Judicial First Class Magistrate Courts at Neyyattinkara: CC 58/2020 (Crime No. 864/2017) and CC 1930/2018 (Crime No. 867/2017). The accused in the two crimes, including Jithu J and others, contend that the dispute which led to the registration of the offences on 28.07.2017 was amicably settled; affidavits from the respective de facto complainants state they have no subsisting grievance. The Public Prosecutor indicates the petitioners have no criminal antecedents. The court notes the gravity of the alleged offences but finds the disputes settled and no public interest remains in pursuing the cases; reliance is placed on Madan Mohan Abbot v. State of Punjab and Gian Singh v. State of Punjab to support quashing where settlement exists and there is no public interest in continuing criminal proceedings. The court concludes that continuing the proceedings would constitute abuse of process. Accordingly, the petitions are allowed, and the pending CC Nos. 58/2020 and 1930/2018 are quashed.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 149 IPCSection 323 IPCSection 324 IPCSection 506(ii) IPC

Legal Doctrines & Maxims

Abuse of process of the court
Settlement between parties can justify quashing criminal proceedings

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants submitted that the incident which led to registration of the offences (on 28.07.2017) has been amicably settled, as evidenced by affidavits from the de facto complainants. They contend no subsisting grievance exists and continuing criminal proceedings would be an abuse of process and contrary to public interest. They rely on the legal propositions in Madan Mohan Abbot v. State of Punjab and Gian Singh v. State of Punjab for relief in the circumstances.

Contentions of Respondents

The respondents, including the State and de facto complainants, filed affidavits stating that the disputes have been settled and there is no subsisting grievance. The Public Prosecutor indicated the petitioners have no criminal antecedents. It is argued that though offences are grave, the settled understanding and absence of public interest justify quashing to avoid abuse of process and to conserve judicial resources.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Madan Mohan Abbot v. State of Punjab	(2008) 4 SCC 582	Positive	Cited as the controlling principle that where disputes are settled and there is no public interest in continuing the case, the proceedings can be quashed.
Gian Singh v. State of Punjab and another	(2012) 10 SCC 303	Positive	Cited to support quashing in the interest of justice where the dispute has been settled and no public interest remains in pursuit of the case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **MONDAY, THE 10TH DAY OF AUGUST 2020 / 19TH SRAVANA, 1942** ## **Crl.MC.No.2246 OF 2020(A)** **AGAINST THE ORDER IN CC 58/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA** ## **CRIME NO.864/2017 OF Kanjiramkulam Police Station , Thiruvananthapuram** ## **PETITIONER/2ND ACCUSED:** **JITHU.J, AGED 23 YEARS S/O. JAYAN.N., MELEY KIDAYAN KARA VILLA VEEDU, NALLOORVATTOM, PLAMOOTUKARA P.O., THIRUVANANTHAPURAM-695 122** ## **BY ADV. SRI.SHAHID AZEEZ** ## **RESPONDENT/STATE AND DE FACTO COMPLAINANT:** - **1 STATE OF KERALA THROUGH THE STATION HOUSE OFFICER,KANJIRAMKULAM POLICE STATION (CRIME NO,864 F 2017) THIRUVANANTHAPURAM RURAL, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031** - **2 ARAVIND PERUMAL, S/O. P.RAJAKUMAR, T.C.43/1226/3 SEEKRISHNABHAVAN, MUTTATHARA, VALLAKADAVU P.O., THIRUVANANTHAPURAM-695 008** - **3 AJAY A.L. AGED 22 YEARS S/O. ANILKUMAR.A.L., LEKSHMI VILASAM, MEKKOLLA, DHANUVACHAPURAM P.O., THIRUVANANTHAPURAM,PIN-695 503** - **4 MOHAMMED SAFIN S.N., AGED 22 YEARS S/O. SHAJAHAN, SAFEERIYA MANZIL, TC 65/1676,KUMILI NAGAR 155, PACHALLOOR P.O., THIRUVANANTHAPURAM-695 027** ## **Crl.MC.2246/2020 and Crl.MC.2247/2020,** **..2..** **5** **ASHIN C., AGED 23 YEARS S/O. CROSGIN .D., SARA BHAVAN, VADAKKUMANNADI, KEEZHKOLLA, AMARAVILA P.O., THIRUVANANTHAPURAM-695 122** **R2-5 BY ADV. SAMPATH V. TOMS** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.08.2020, ALONG WITH Crl.MC.2247/2020(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Crl.MC.2246/2020 and Crl.MC.2247/2020,** ## **..3..** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **MONDAY, THE 10TH DAY OF AUGUST 2020 / 19TH SRAVANA, 1942** ## **Crl.MC.No.2247 OF 2020(A)** **AGAINST THE ORDER/JUDGMENT IN CC 1930/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA** **CRIME NO.867/2017 OF Kanjiramkulam Police Station , Thiruvananthapuram** ## **PETITIONER/ACCUSED 1 TO 6:** **1 SACHIN.B.V AGED 21 YEARS S/O. BALACHANDRAN.R, KAVUVILA VEEDU, VENNIYOOR, NELLIVILA P.O. THIRUVANANTHAPURAM 695 523.** **2 AROMAL.C.R, AGED 22 YEARS S/O. CHANDU B.S., SARASWATHY MANDIRAM, THALAYAL, CHALIYODU, BALARAMAPURAM, P.O. THIRUVANANTHAPURAM 695 501.** **3 JIBIN B.B., AGED 23 YEARS S/O. BOVAS.K., BETHEL BHAVAN, KELESWARAM, KALLIYOOR P.O. THIRUVANANTHAPURAM 695 042.** **4 ARAVIND PERUMAL, AGED 22 YEARS S/O. P. RAJAKUMAR, T.C. 43/1226/3, SREEKRISHNABHAVAN, MUTTATHARA, VALLAKADAVU P.O. THIRUVANANTHAPURAM 695 008.** **5 ASHINC., AGED 23 YEARS S/O. CROSGIN D., SARA BHAVAN, VADAKKUMANNADI, KEEZHKOLLA, AMARAVILA P.O. THIRUVANANTHAPURAM 695 122.** ## **Crl.MC.2246/2020 and Crl.MC.2247/2020,** **..4..** - **6 MOHAMMAD SAFIN S.N., AGED 22 YEARS TC 65/1676, KUMILI NAGAR 155, PACHALLOOR P.O. THIRUVANANTHAPURAM 695 027.** **BY ADVS. SRI.SAMPATH V. TOMS SRI.CHRISTY THOMAS** ## **RESPONDENT/STATE AND DE FACTO COMPLANINANT:** - **1 STATE OF KERALA THROUGH THE STATION HOUSE OFFICE, KANJIRAMKULAM POLICE STATION (CRIME NO 867 OF 2017) THIRUVANANTHAPURAM RURAL, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.** - **2 JAYAPRAKASH R, S/O. RAJAGOPAL, LOVELY SADAN PUNNANINNA, KIZHAKARIKU, MAMKOTTAM, PLAMOOTUKADA P.O. THIRUVANANTHAPURAM 695 133.** - **3 ARUN T S/O. THULASEE DHARAN, THULASI BHAVAN, PAMAMCODE, PALLICHAL VILLAGE, ESTES P.O. THIRUVANANTHAPURAM 695 019.** - **4 JITHU J S/O. JAYAN.N. MELEY KIDAYAN KARA VEEDU, NALLORVATTOM, PLAMOOTUKADA P.O. THIRUVANANTHAPURAM 695 122.** **R2-4 BY ADV. SHAHID AZEEZ** ## **OTHER PRESENT:** ## **SR. PP.C.S.HRITHWIK; PP SREEJA V.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.08.2020, ALONG WITH Crl.MC.2246/2020(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.2246/2020 and Crl.MC.2247/2020,** **==> picture [43 x 10] intentionally omitted <==** ## **ORDER** **[ Crl.MC.2247/2020, Crl.MC.2246/2020 ] Dated this the 10th day of August 2020** The petitioner in Criminal M.C.No.2246 of 2020 is the 2[nd] accused in Crime No.864/2017 registered at the Kanjiramkulam Police Station for offences punishable under Sections 143, 147, 148, 149, 323, 324 and 506(ii) of IPC, now pending as C.CNo.58/2020 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara. The other accused in the crime were acquitted as per the judgment in C.C.No.1791/2018 of the same court. The petitioners in Criminal M.C.No.2247/2020 are the accused in Crime No.867/2017, registered at the Kanjiramkulam Police Station for offences punishable under Sections 143, 147, 148, 149, 323, 324 of IPC, now pending as **Crl.MC.2246/2020 and Crl.MC.2247/2020,** **==> picture [43 x 11] intentionally omitted <==** C.CNo.1930/2018 on the files of the Judicial First Class Magistrate-III, Neyyattinkara. 2. Both the aforementioned crimes were registered on the basis of an incident that had occurred on 28.07.2017. The dispute, which had led to occurrence of the incident and registration of the crimes is said to have been settled amicably. Affidavits have been filed by the party respondents in both the cases, being the _de facto_ complainants and the injuured in Crime Nos. 864 and 867 of 2017, stating that the reason for the incident, which led to registration of the crime, has been resolved amicably and they have no subsisting grievance in the matter. 2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents. **Crl.MC.2246/2020 and Crl.MC.2247/2020,** **==> picture [43 x 10] intentionally omitted <==** 3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the party respondents in the criminal miscellaneous cases, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, the possibility of the criminal proceedings ending in conviction is remote. 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 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 sought. ## **Crl.MC.2246/2020 and Crl.MC.2247/2020,** **..8..** In the result, these Crl.M.Cs are allowed. The proceeding C.CNos.58/2020 and 1930/2018 pending on the files of the Judicial First Class Magistrate Court-III, Neyyattinakara are quashed. SB/11/08/2020 **Sd/V.G.ARUN JUDGE** ## **Crl.MC.2246/2020 and Crl.MC.2247/2020,** **..9..** ## **APPENDIX OF Crl.MC 2246/2020** ## **PETITIONER'S/S EXHIBITS:** ## **ANNEXURE-I** **TRUE COPY OF THE FIRST INFORMATION REPORT DATED 29.07.2017 IN CRIME NO.864 OF 2017 OF THE KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM** ## **ANNEXURE-II** **TRUE COPY OF THE FINAL REPORT DT 20.08.2017 IN CRIME NO 864 OF 2017 OF THE KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM** ## **ANNEXURE-III** **THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT (IN ORIGINAL) DATED 02.03.2020** ## **ANNEXURE-IV** **THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT (IN ORIGINAL) DATED 02.03.2020** ## **ANNEXURE-V** **THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT (IN ORIGINAL) DATED 02.03.2020** ## **ANNEXURE-VI** **THE AFFIDAVIT SWORN BY THE VTH RESPONDENT (IN ORIGINAL) DATED 02.03.2020** ## **Crl.MC.2246/2020 and Crl.MC.2247/2020,** **..10..** ## **APPENDIX OF Crl.MC 2247/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE 1** **TRUE COPY OF THE FIRST INFORMATION REPORT DATED 29.07.2017 IN CRIME NO. 867 OF 2017 OF THE KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM.** **ANNEXURE II TRUE COPY OF THE FINAL REPORT DT. 28.07.2017 IN CRIME NO. 867 OF 2017 OF THE KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM.** **ANNEXURE III THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT IN ORIGINAL DATED 02.03.2020.** **ANNEXURE IV** **THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT IN ORIGINAL DATED 02.03.2020.** **ANNEXURE V** **THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT IN ORIGINAL DATED 02.03.2020.**