Crl.MC.No.2232/2020(H) and Crl.MC.No.2180/2020(B)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V.G. Arun
Judgment Date: 2020-09-22
Court Decision / Holding: The petitions are allowed. The proceedings in CC Nos. 26/2013 and 96/2015 on the files of the Judicial First Class Magistrate Court, Ottapalam, are quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

RAJEEB
ABDUL RASAK
NAJEEBUDHEEN
SHIHAB
RINOY

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
SIVAN
RINOY
SUNIL BABU
RAZAQ
ISMAYIL

Legal Representation & Advocates

Counsels for Petitioners

• Adv. K. Rajesh Sukumaran
• Adv. R. Sreehari

Counsels for Respondents

• Adv. R. Sreehari
• Adv. K. Rajesh Sukumaran
• Public Prosecutor, High Court of Kerala (Sr. P.P. Amjad Ali)

Case Synopsis & Summary

These Criminal Miscellaneous Cases arise from two FIRs registered at Shornur Police Station, Palakkad, for offences under IPC sections 143, 147, 148, 341, 323, 324 r/w 149 and, in the second case, section 506(i) r/w 149, and are pending as C.C Nos. 26/2013 and 96/2015 before the Judicial First Class Magistrate, Ottapalam. The petitioners are accused who seek to quash the proceedings on grounds that the parties have amicably settled the dispute out of court and there is no public interest in continuing the prosecution. The respondents include the State represented by the Public Prosecutor and the injured/de facto complainants (Sivan, Rinoy, Sunil Babu) in the first matter, and Razak and Ismayil in the second. The court perused affidavits from respondents stating settlement and no subsisting grievance; noted that some co-accused were acquitted for lack of evidence. The Public Prosecutor submitted there are no criminal antecedents on the petitioners. The court held that given settlement and remote likelihood of conviction, continuing proceedings would amount to abuse of process and no public interest remains, citing Madan Mohan Abbot v. State of Punjab and Gian Singh v. State of Punjab. Accordingly, the petitions were allowed and CC Nos. 26/2013 and 96/2015 were quashed, ending the matter in favor of the petitioners.

Provisions of Law Cited

IPC Sections 143, 147, 148, 341, 323, 324 r/w 149IPC Section 506(i) r/w 149

Legal Doctrines & Maxims

Abuse of process of court
No public interest in continuing criminal proceedings when disputes are settled out of court
Settlement/compromise as a factor for quashing criminal proceedings

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that amicable out-of-court settlements between the parties, as evidenced by affidavits from de facto complainants, render continuance of prosecution unnecessary and amount to abuse of process. They highlight that some co-accused were acquitted for lack of evidence and there is no subsisting grievance, thus no public interest justifying prolonged proceedings. Relying on Madan Mohan Abbot v. State of Punjab and Gian Singh v. State of Punjab, they urge quashing all proceedings (CC Nos. 26/2013 and 96/2015) to bring finality and conserve judicial resources.

Contentions of Respondents

The State and complainants urge maintaining the proceedings unless settled amicably. They supported the affidavits stating dispute resolution and absence of grievance, noting that some co-accused were acquitted, and invoking the absence of public interest as a factor favoring quashing. The Public Prosecutor pointed to absence of criminal antecedents on the petitioners. The respondents implicitly acknowledge that the settlement reduces the likelihood of conviction but emphasize the need to weigh public interest and ensure that quashing does not undermine justice.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Madan Mohan Abbot v. State of Punjab	[(2008) 4 SCC 582]	Positive	Cited to support quashing where there is settlement and no public interest in continuing the prosecution.
Gian Singh v. State of Punjab and another	[(2012) 10 SCC 303]	Positive	Cited to support quashing in light of settlement and absence of 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 V.G.ARUN** **TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942** ## **Crl.MC.No.2232 OF 2020(H)** **AGAINST THE ORDER IN CC 26/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM** **CRIME NO.198/2009 OF Shornur Police Station , Palakkad** ## **PETITIONER/ACCUSED NOS. 1 TO 4:** - **1 RAJEEB, AGED 30 YEARS S/O. MOHAMMED, KONGASSERI HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.** - **2 ABDUL RASAK, AGED 35 YEARS S/O. MOHAMMED, KONGASSERI HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.** - **3 NAJEEBUDHEEN, AGED 30 YEARS S/O. ADAMKUTTY, CHETTIYARUTHODI HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.** - **4 SHIHAB, AGED 30 YEARS S/O. IBRAHIM, CHAKKALAKKAL HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.** **BY ADV. SRI.K.RAJESH SUKUMARAN** ## **RESPONDENT/COMPLAINANT AND DE FACTO COMPLAINANT AND VICTIMS:** - **1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 035 THROUGH THE SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION, SHORNUR 679 121, OTTAPALAM TALUK, PALAKKAD DISTRICT.** **2 SIVAN AGED 45 YEARS S/O. ACHUTHAN NAIR, PUTHANVEETTIL HOUSE, KARUVATTOOR, NEW STREET, PATTAMBI TALUK, PALAKKAD DISTRICT 679 336** **3 RINOY** **Crl.MC.2232/2020, Crl.MC.2180/2020 ..2..** **AGED 32 YEARS S/O. NARAYANAN, POOTHIRUTHI HOUSE, KARUVATTOOR, PATTAMBI TALUK, PALAKKAD DIST 679 336** **4 SUNIL BABU AGED 35 YEARS S/O. NARAYANAN, MANNEKKOTTUTHODI HOUSE, KURUVATTOOR, NEW STREET, PATTAMBI TALUK, PALAKKAD DISTRICT 679 336** **R2-4 BY ADV. R.SREEHARI** ## **OTHER PRESENT:** **SR.PP.AMJAD ALI** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2020, ALONG WITH Crl.MC.2180/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.2232/2020, Crl.MC.2180/2020 ..3..** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942** ## **Crl.MC.No.2180 OF 2020(B)** **AGAINST THE ORDER/JUDGMENT IN CC 96/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM** **CRIME NO.197/2009 OF Shornur Police Station , Palakkad** ## **PETITIONER/ACCUSED NO.1:** **RINOY, AGED 32 YEARS S/O.NARAYANAN, POOTHIRITHI HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMABI, TALUK, PALAKKAD DISTRICT** ## **BY ADV. SRI.R.SREEHARI** ## **RESPONDENT/COMPLAINANT, DE FACTO COMPLAINANT AND VICTIM :** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENED BY THE PUBLIC PROSECUTOR, HIGH COURT OF**| ||**KERALA, ERNAKULAM COCHIN-682035 THROUGH THE SUB**| ||**INSPECTOR OF POLICE, SHORNUR POLICE STATION,**| ||**SHORNUR 679121, OTTAPALAM TALUK, PALAKKAD DISTRICT**| |**2**|**RAZAQ**| ||**AGED 35 YEARS**| ||**S/O.MUHAMMED, KONGASSERI HOUSE, KURUVATTOOR, NEW**| ||**CITY, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD**| ||**DISTRICT-679336**| |**3**|**ISMAYIL**| ||**AGED 29 YEARS**| ||**S/O.ADHANKUTTY, CHETTIYARTHODI HOUSE, KURUVATTOOR,**| ||**NEW CITY, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD**| ||**DISTRICT 679336**| ## **R2-3 BY ADV. SRI.K.RAJESH SUKUMARAN** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2020, ALONG WITH Crl.MC.2232/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.2232/2020, Crl.MC.2180/2020 ..4..** ## **ORDER** **[ Crl.MC.2232/2020, Crl.MC.2180/2020 ] Dated this the 22nd day of September 2020** The petitioners in Criminal M.C.No.2232/2020 are the accused in Crime No.198/2009 registered at the Shornur Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 r/w 149 of IPC, now pending as C.C.No.26/2013 on the files of the Judicial First Class Magistrate Court, Ottapalam. The petitioner in Criminal M.C. No.2180/2020 is the accused in Crime No.197/2009 registered at the Shornur Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 506(i) r/w 149 of IPC, now pending as C.C.No.96/2015 on the files of the Judicial First Class Magistrate Court, Ottapalam. Both crimes are based on an incident which had taken place on **Crl.MC.2232/2020, Crl.MC.2180/2020 ..5..** 11.05.2009. The _de facto_ complainants and the injured persons in both cases are arrayed as party respondents in the Criminal M.C.s. Affidavits have been filed by those respondents stating that the reason for the incident, which led to registration of the crimes, has been resolved amicably out of court and they have no subsisting grievance in the matter. It is submitted that some of the co-accused, in both cases, were acquitted for want of evidence. 2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents. 3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavits filed by the party respondents in both 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 **Crl.MC.2232/2020, Crl.MC.2180/2020 ..6..** in this matter. Moreover, in view of the settlement and acquittance of the co-accused, 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. In the result, this Crl.M.Cs are allowed. The proceedings C.C.Nos.26/2013 and C.C.No.96/2015 on the files of the Judicial First Class Magistrate Court, Ottapalamin are quashed. SB /23/09/2020 **Sd/V.G.ARUN JUDGE** **Crl.MC.2232/2020, Crl.MC.2180/2020 ..7..** ## **APPENDIX OF Crl.MC 2232/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO. 198/2009 OF SHORNUR POLICE STATION ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 198/2009 OF SHORNUR POLICE STATION. ANNEXURE A3 PHOTO COPY OF MEMORANDUM OF EVIDENCE FILED ALONG WITH THE FINAL REPORT. ANNEXURE A4 CERTIFIED COPY OF JUDGMENT IN CC 611/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM DATED 22-01-2013. ANNEXURE A5 AFFIDAVIT OF THE SECOND RESPONDENT ANNEXURE A6 AFFIDAVIT OF THE THIRD RESPONDENT ANNEXURE A7 AFFIDAVIT OF THE 4TH RESPONDENT.** **Crl.MC.2232/2020, Crl.MC.2180/2020 ..8..** ## **APPENDIX OF Crl.MC 2180/2020** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.197/2009 OF SHORNUR POLICE STATION ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.197/2009 OF SHORNUR POLICE STATION ANNEXURE A3 PHOTO COPY OF MEMORANDUM OF EVIDENCE FILED ALONG WITH FINAL REPORT ANNEXURE A4 CERTIFIED COPY OF JUDGMENT IN CC 588/2009 OF JFCM COURT OTTAPALAM DATED 22.01.2013 ANNEXURE A5 AFFIDAVIT OF THE 2ND RESPONDENT ANNEXURE A6 AFFIDAVIT OF THE 3RD RESPONDENT** // true copy // P.A to Judge