High Court of KeralaSingle JudgeThe petition is allowed; the final report and p...

Crl.MC.No.1907 of 2021 (G)

Case / Petition Number:Crl.MC.No.1907 of 2021 (G)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.S.Dias
Judgment Date
2021-04-27
Court Decision / Holding
Crl.MC is allowed. Annexure A2 final report and all further proceedings pursuant to it in CC No.1020/2018 on the file of the Judicial First Class Magistrate Court-I, Hosdurg in crime No.793/2017 are quashed against the petitioners.
Final Disposition
The petition is allowed; the final report and proceedings in CC No.1020/2018 (crime 793/2017) are quashed against the petitioners.

Parties to the Case

Appellants / Petitioners

  • Marshad P
  • Mustak K.H
  • Muhammed Nabeel C.H
  • Shakeer M
  • Ameen A.K
  • Fahad C.P
  • Abdul Rahim
  • A. Abdul Khader
  • Mashood I
  • Ashkar T.M
  • Nuyan K.H
  • Muhammedali M.K
  • Afsal M.K
  • Junaif
  • Musammal P

Respondents

  • State of Kerala through the Station House Officer, Chandera Police Station (Crime No. 350 of 2020), represented by the Public Prosecutor, High Court of Kerala, Ernakulam
  • Khalid C., Managing Director, Manzoor Hospital, Kanhangad, Ajanur Village, Hosdurg Taluk, Kasaragod District
  • Biju Narayanan

Legal Representation & Advocates

Counsels for Petitioners

  • • Smt. Rosin Joseph
  • • Shri Ajai Babu

Counsels for Respondents

  • • Adv. Rishi Varma T.R (for Respondents 2 & 3)
  • • Public Prosecutor Rehna N.S.

Case Synopsis & Summary

This is a criminal miscellaneous case under Section 482 CrPC concerning quashing of the prosecution in Crime No. 793/2017 of Hosdurg Police Station, and its related CC No. 1024/2018 before the Judicial First Class Magistrate Court-I, Hosdurg. The petitioners, accused Nos. 1 to 15, challenge Annexure A2, the final report, and seek quashing of further proceedings on the ground that a negotiated settlement has been reached with the complainants, respondents 2 and 3. They contend that the offences cited—Sections 143, 147, 148 and 324 IPC read with 149 IPC, and Sections 3 read with 4 of the Kerala Health Care Service Persons and Health Care Service Institutions (Prevention of Violence and Damage to Property) Act, 2012—are not serious and do not involve mental depravity. The petition is supported by the defense counsel, who states that with the intervention of well-wishers the dispute has been settled, and the respondents 2 and 3 have filed affidavits stating no subsisting grievance and unwillingness to pursue the matter. The investigating officer confirms the genuineness of the settlement, and the State has no serious objection. Citing Gian Singh v. State of Punjab and Prabatbhai Aahir v. State of Gujarat, the court reasons that where ends of justice require, amicable settlements in non-serious offences may justify quashing. The High Court, in exercise of its inherent power, allows the petition, quashing Annexure A2 final report and further proceedings in CC 1020/2018 against the petitioners.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 324 read with Section 149 IPCSections 3 read with Section 4 of the Kerala Health Care Service Persons and Health Care Service Institution (Prevention of Violence and Damage to Property) Act, 2012Section 482 CrPC

Legal Doctrines & Maxims

  • Ends of justice
  • Amicable settlement can justify quashing of criminal proceedings (Gian Singh v. State of Punjab; Prabatbhai Aahir v. State of Gujarat)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the dispute with respondents 2 and 3 has been resolved amicably with the intervention of well-wishers, and affidavits filed by the respondents 2 and 3 express no subsisting grievance and a desire to withdraw. They emphasize that the offences charged are not serious and do not involve mental depravity, and that continued proceedings would waste judicial time. Relying on Gian Singh and Parbatbhai Bhimsinhbhai Karmur, they urge quashing under the court’s inherent power to secure ends of justice in the context of an amicable settlement and lack of public interest in the case.

Contentions of Respondents

Respondents 2 and 3 have filed affidavits expressing no grievance and no desire to pursue the matter. The State did not raise serious objections, noting the genuineness of the settlement verified by the investigating officer. The respondents rely on the principle that when an amicable settlement exists and the offences are not grave, ends of justice may warrant quashing, provided there is no public interest at stake. The court is urged to consider the affidavits and the lack of grievance in light of Gian Singh and Parbatbhai Bhimsinhbhai Karmur to approve withdrawal and quash proceedings.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab2012 (10) SCC 303PositiveThe court relies on the principle that in appropriate circumstances, amicable settlements in non-serious offences may justify quashing proceedings under inherent power to secure ends of justice.
Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another2017 (9) SCC 641PositiveCourts use this decision to support quashing based on amicable settlement and not serious offences, aligning with the ends of justice doctrine.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Crl.MC.No.1907 of 2021 (G) and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943** **Crl.MC.No.1907 OF 2021(G)** **AGAINST THE ORDER/JUDGMENT IN CC 1024/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG** **CRIME NO.793/2017 OF Hosdurg Police Station, Kasargod** ## **PETITIONERS/ACCUSED NOS. 1 TO 15:** - **1 MARSHAD P AGED 25 YEARS,S/O. IBRAHIM P, C.P. MANZIL, KOLAVAYAL P.O, AJANOOR VILLAGE, KASARAGOD DISTRICT-671 531** - **2 MUSTAK K.H, AGED 24 YEARS, S/O. HAMEED K, MUSTAQ MANSIL, BELLA KADAPURAM, AJANOOR VILLAGE, KASARAGOD DISTRICT-671 531** - **3 MUHAMMED NABEEL C.H, AGED 32 YEARS, S/O. ABDUL RAHMAN, ITTAMAL HOUSE, KOLAVAYAL P.O, AJANOOR VILLAGE, KASARAGOD DISTRICT-671 531.** **4 SHAKEER M, AGED 25 YEARS,S/O. A.V. ABDULLA HAJI, NAURANIA MANZIL, K.M.C.I/146, NEAR M.C.B.L.P SCHOOL, BELLA KADAPURAM, BELLA VILLAGE, KASARAGOD DISTRICT-671 31** - **5 AMEEN A.K, AGED 23 YEARS,S/O. A.K. KUNJIABDULLA, SAMEER MANZIL, KMC I /261, BELLA KADAPURAM, BELLA VILLAGE, KASARAGOD DISTRICT-671 315** **6 FAHAD C.P, AGED 24 YEARS, S/O. ABDUL GAFOOR C.P, ANZIRA QUARTERS NO. 16/477, NEAR IQBAL HSSS, KOLAVAYAL P.O. AJANOOR VILLAGE, KASARAGOD DISTRICT-671 531** **7 ABDUL RAHIM, AGED 24 YEARS, S/O. IBRAHIM K.K, SAITHOOL SINAN (H), A.G.P. 16/635, IQBAL ROAD, KOLAVAYAL P.O, AJANOOR VILLAGE, KASARAGOD DISTRICT-671 531** **Crl.MC.No.1907 OF 2021** **-2-** - **8 A. ABDUL KHADER, AGED 24 YEARS, S/O. ABDUL SALAM, SAMSUM VILLA, IQBAL ROAD, A.G.P 16/631, KOLAVAYAL P.O, AJANOOR VILLAGE, KASARAGOD DISTRICT-671 531** - **9 MASHOOD I,** - **AGED 24 YEARS, S/O. MUHAMMED KUNJI, RENTED HOUSE NO. 13/746, NEAR IQBAL GATE, KOLAVAYAL P.O, AJANOOR VILLAGE, KASARAGOD DISTRICT-671 531** - **10 ASHKAR T.M, AGED 30 YEARS,S/O. ETTAMAL ABDULLA, MADLAKIRIYATH (H), KARDARVALAPPU, BELLA VILLAGE, KM II/75, KASARAGOD DISTRICT-671 531** - **11 NUYAN K.H, AGED 26 YEARS,S/O. ABDUL RAHMAN, SHAMEEMA MANZIL (H), KMC II/189, BELLA KADAPURAM, BELLA VILLAGE, KASARAGOD DISTRICT-671 531** - **12 MUHAMMEDALI M.K, AGED 30 YEARS, S/O. ISMAYIL, FATHIMA MANZIL (H), KMC II/189, BELLA KADAPURAM, HOSDURG VILLAGE, KASARAGOD DISTRICT- 671 315** - **13 AFSAL M.K, AGED 25 YEARS,S/O. M.K. HASINER, JUNAID MANZIL (H), KMC II/197, BELLA KADAPPURAM, BELLA VILLAGE, KASARAGOD DISTRICT-671 315** - **14 JUNAIF, AGED 32 YEARS, S/O. ABUBAKER, DAROOL RAHMAN MANZIL (H), NEAR IQBAL HSSS, KOLAVAYAL P.O, AJANOOR VILLAGE, KASARAGOD DISTRICT-671 531** - **15 MUSAMMAL P, AGED 27 YEARS, S/O. MEHAMOOD P, WEST HOUSE, KMC I/15, BELLA KADAPPURAM, BELLA VILLAGE, KASARAGOD DISTRICT-671 315** **BY ADVS. SMT.ROSIN JOSEPH SHRI.AJAI BABU** **Crl.MC.No.1907 OF 2021** **-3-** ## **RESPONDENTS:** - **1 STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, (CRIME NO.350 OF 2020), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** - **2 KHALID C. AGED 50 YEARS, S/O. ABDUL RAHIMAN, MANAGING DIRECTOR, MANZOOR HOSPITAL, KANHANGAD, R/AT THEKKEPURAM, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671316** - **3 BIJU NARAYANAN** - **AGED 26 YEARS, BIJU NARAYANAN, D/O. NARAYANAN, R/AT SOUPARNIKA, AYAROTE, CHULLIKKARA, KODOM VILLAGE, KASARAGOD DISTRICT, PIN-671 531** **R2 BY ADV. RISHII VARMA T.R R3 BY ADV. RISHI VARMA T.R SMT.REHNA N.S.PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.No.1907 OF 2021** **-4-** ## **O R D E R** This petition is filed under Section 482 of the Code of Criminal Procedure. 2. The petitioners are the accused 1 to 15 in crime No.793/2017 of the Hosdurg Police Station, registered against them for offences punishable under Sections 143, 147, 148, 324 read with Section 149 of the Indian Penal Code and Sections 3 read with Section 4 of the Kerala Health Care Service Persons and Health Care Service Institution (Prevention of Violence and Damage to Property) Act, 2012. 3. The prosecution allegation against the petitioners is that, on 30.07.2017, they unlawfully assembled and pelted stones at the hospital and caused hurt to the third respondent. The Police after investigation have filed Annexure A2 final report. **Crl.MC.No.1907 OF 2021** **-5-** 4. Heard the learned counsel appearing for the petitioners, learned Public Prosecutor appearing for the first respondent and the learned counsel appearing for the respondents 2 and 3. Perused the records. 5. The learned counsel appearing for the petitioners submitted that with the intervention of well wishers, the subject matter in dispute between the petitioners and the respondent 2 and 3 has been settled out of court. The learned counsel appearing for the second respondent submitted that the respondents 2 and 3 have filed Annexures A3 and A4 affidavits, inter alia, stating that they have no subsisting grievance against the petitioners and are no longer desirous of pursuing the matter any further. Learned counsel vouched for the signatures of the respondents 2 and 3. 6. The learned Public Prosecutor, on instructions, reported that the investigating officer has **Crl.MC.No.1907 OF 2021** **-6-** ascertained the genuineness of the settlement and has found that the first respondents 2and 3 have admitted the execution of Annexures A3 and A4 affidavits. The State has no serious objection in the petition being allowed. 7. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 SCC 641] has held that in facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed. 8. After considering the facts and circumstances of the case and on being convinced that ends of justice **Crl.MC.No.1907 OF 2021** **-7-** would justify the exercise of the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony, I am satisfied that the petition is to be allowed. In the result, this Crl.M.C. is allowed. Annexure A2 final report and all further proceedings pursuant to it in C.C.No.1020/2018 on the file of the Judicial First Class Magistrate Court-I, Hosdurg in crime No.793/2017 of the Hosdurg Police Station, as against the petitioners are quashed. ## **Sd/-** ## **C.S.DIAS** **JUDGE** Nkr/ **-8-** ## **Crl.MC.No.1907 OF 2021** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **ANNEXURE A1 TRUE COPY OF THE FIR DATED 30.07.2017 IN CRIME NO. 793 OF 2017 OF HOSDURG POLICE STATION. ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 24.11.2017 IN CRIME NO.793 OF 2017 AS NUMBERED AS CC NO.1024 OF 2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT DATED 15.03.2021 SIGNED BY 2ND RESPONDENT/DEFACTO COMPLAINANT BEFORE AN ADVOCATE. ANNEXURE A4 A TRUE COPY OF THE AFFIDAVIT DATED 15.02.2021 SIGNED BY 3RD RESPONDENT/INJURED WITNESS BEFORE AN ADVOCATE.** ## **RESPONDENTS' EXHIBITS: NIL**