CRL.MC.NO.5030 OF 2020 & CRL.MC.NO.5022 OF 2020, High Court of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V.G. Arun
Judgment Date: 2020-12-22
Court Decision / Holding: This Crl.M.C is allowed. The proceedings in CP No. 41/2019 on the files of the Chief Judicial Magistrate, Thalassery are quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Zaheem
Firos P.K
Jabir @ Jabid
Hanas
Adhil K
Faisal A.K
Ramees P
Nabeel K

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
Muhammed N.P., aged 29 years
Irshad A.K., aged 28 years

Legal Representation & Advocates

Counsels for Petitioners

• M. Muhammed Shafi (adv.)

Counsels for Respondents

• Sri. Sreeja V., Public Prosecutor
• Sri. T. Rasini (adv.) for R2-3

Case Synopsis & Summary

Two criminal miscellaneous cases (CRL.MC.5030/2020 and CRL.MC.5022/2020) were heard by the Kerala High Court, sitting in Ernakulam, on 22 December 2020, arising from Crime No. 571/2018 of Kolavallur Police Station, Kannur, and the related proceedings in CP 41/2019 before the Chief Judicial Magistrate, Thalassery. The petitioners in CRL.MC.5030/2020 are accused Nos. 4, 6 and 8 (Zaheem, Firos P.K and Jabir @ Jabid), while CRL.MC.5022/2020 concerns accused Nos. 1, 2, 3, 5 and 7 (Hanas, Adhil K, Faisal A.K, Ramees P and Nabeel K). The 2nd and 3rd respondents (injured party and de facto complainant) filed affidavits stating that the dispute had been settled amicably and that they had no subsisting grievance. The Public Prosecutor informed the court that the accused have no criminal antecedents, and that the complainant and injured parties are abroad, with contact through their mother confirming settlement. The court noted the gravity of offences under IPC sections 143, 147, 148, 341, 323, 324, 308 r/w 149, but concluded that no public interest remained in pursuing the case given the settlement and remote possibility of conviction. Relying on Madan Mohan Abbot and Gian Singh, the court held there was no impediment to granting relief and quashed the proceedings.

Provisions of Law Cited

IPC Sec. 143IPC Sec. 147IPC Sec. 148IPC Sec. 341IPC Sec. 323IPC Sec. 324IPC Sec. 308 r/w 149

Legal Doctrines & Maxims

Abuse of process of the court
No public interest in continuing proceedings
Madan Mohan Abbot v. State of Punjab (2008) 4 SCC 582
Gian Singh v. State of Punjab and another (2012) 10 SCC 303

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants seek quashing on grounds of amicable settlement between the complainant/injured and accused, no subsisting grievance, and absence of public interest; reliance is placed on legal principles that continuance would amount to abuse of process in light of settled disputes (cited Madan Mohan Abbot and Gian Singh).

Contentions of Respondents

The respondents, through the Public Prosecutor and by R2-3 counsel, emphasize that the dispute has been amicably settled; the complainant and injured are abroad and no subsisting grievance exists; the court should exercise its power to quash where no public interest remains.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Madan Mohan Abbot v. State of Punjab	(2008) 4 SCC 582	Positive	Cited as the authority for quashing/criminal proceedings where the dispute is settled and there is no public interest in proceeding.
Gian Singh v. State of Punjab and another	(2012) 10 SCC 303	Positive	Cited to support quashing of proceedings in light of amicable 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 DECEMBER 2020 / 1ST POUSHA, 1942** **CRL.MC.NO.5030 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CP 41/2019 OF CHIEF JUDICIAL MAGISTRATE ,THALASSERY** **CRIME NO.571/2018 OF KOLAVALLUR POLICE STATION , KANNUR** ## **PETITIONER/ACCUSED NOS. 4, 6 & 8:** **1 ZAHEEM AGED 23 YEARS S/O. NAJEES, KAVUNGIL HOUSE, OLICHIL, PERINGATHUR, KANNUR DT 670 675 2 FIROS P.K, AGED 28 YEARS S/O. LATE HAMSA, POKKARAVIDA HOUSE, OLICHIL, PERINGATHUR, KANNUR DT 670 675 3 JABIR @ JABID, AGED 28 YEARS S/O. HAMSA, PITHALANTEVIDA HOUSE, VALIYANGADI PEEDIKA, CHOKLI, KANNUR DT 670 675** ## **BY ADV. SRI.M.MUHAMMED SHAFI** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 2 MUHAMMED N.P. AGED 29 YEARS S/O. YOUAF HAJI, PUNATHIL HOUSE, KULAVALLUR P.O** CRL.M.C.NO.5030 & 5022 OF 2020 2 ## **KANNUR DT 670 676** **3 IRSHAD A.K. AGED 28 YEARS S/O. ABOOBAKER, ARAYAKANDY HOUSE, KADAVATHUR P.O, KANNUR DT 670 676** **R2-3 BY ADV. SMT.T.RASINI** **R1 BY SRI.SREEJA V., PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.12.2020, ALONG WITH Crl.MC.5022/2020(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** CRL.M.C.NO.5030 & 5022 OF 2020 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942** **Crl.MC.No.5022 OF 2020** **AGAINST THE ORDER/JUDGMENT IN SC 992/2019 OF PRINCIPAL SUB COURT.,THALASSERY** **CRIME NO.571/2018 OF Kolavallur Police Station , Kannur** ## **PETITIONER/ACCUSED NOS. 1, 2, 3, 5 & 7:** |**1**|**HANAS**| |---|---| ||**AGED 26 YEARS**| ||**S/O. MUSTHAFA,**| ||**KUNNOTH HOUSE, (ASNAS),**| ||**OLICHIL, PERINGATHUR,**| ||**KANNUR DISTRICT - 670675.**| |**2**|**ADHIL K**| ||**AGED 25 YEARS**| ||**S/O. SUNJALU,**| ||**THIRUVANGALATH HOUSE,**| ||**OLICHIL, PERINGATHUR,**| ||**KANNUR DISTRICT - 670675.**| |**3**|**FAISAL A.K**| ||**AGED 22 YEARS**| ||**S/O. NASAR,**| ||**POKKARAVIDA HOUSE,**| ||**OLICHIL, PERINGATHUR,**| ||**KANNUR DISTRICT - 670675.**| |**4**|**RAMEES P**| ||**AGED 30 YEARS**| ||**S/O. ABDHULLA,**| ||**PANANGADICHINTEVIDA,**| ||**(RAFEEK MANZIL), OLICHIL,**| ||**PERINGATHUR, KANNUR DISTRICT - 670675.**| CRL.M.C.NO.5030 & 5022 OF 2020 4 **5 NABEEL K AGED 27 YEARS S/O. KUNJALU, THIRUVANGALATH HOUSE, OLICHIL, PERINGATHUR, KANNUR DISTRICT - 670675.** **BY ADV. SRI.M.MUHAMMED SHAFI** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA,**| ||**ERNAKULAM - 682031.**| |**2**|**MUHAMMED N.P.,**| ||**AGED 29 YEARS**| ||**S/O. YOUSAF HAJI,**| ||**PUNATHIL HOUSE, KULAVALLUR P O,**| ||**KANNUR DISTRICT - 670676.**| |**3**|**IRSHAD A.K.,**| ||**AGED 28 YEARS**| ||**S/O. ABOOBAKER,**| ||**ARAYAKANDY HOUSE, KADAVATHUR PO,**| ||**KANNUR DISTRICT - 670676.**| ||**R2-3 BY ADV. T.RASINI**| ||**R1 BY SRI.SREEJA V., PUBLIC PROSECUTOR**| **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.12.2020, ALONG WITH Crl.MC.5030/2020(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** CRL.M.C.NO.5030 & 5022 OF 2020 5 ## **`O R D E R`** ``` [ Crl.MC.5030/2020, Crl.MC.5022/2020 ] Dated this the 22[nd] day of December 2020 ``` ``` Petitioners are the accused in Crime No. 571/2018 registered at the Kolavallur Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 r/w Section 149 of IPC, now pending as C.P. No. 41/2019 on the files of the Chief Judicial Magistrate Court, Thalassery. The de facto complainant, at whose instance the crime was registered and the other injured person are arrayed as the 2[nd] and 3[rd] respondents. Annexure-A2 and Annexure-A3 affidavits have been filed by the 2[nd] and 3[rd] respondents stating that the dispute, which led to registration of the crime, has been settled amicably and that 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. Since the defacto complainant and the ``` CRL.M.C.NO.5030 & 5022 OF 2020 6 ``` injured are abroad, the contact numbers were provided to the Investigating Officer. The learned Public Prosecutor submits that, the Investigating Officer could not contact the defacto complainant or the injured directly, but on contacting their mother, she stated that the dispute is resolved amicably and none of the parties have any subsisting grievance. ``` ``` 3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2[nd] and the 3[rd] respondents, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, 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 ``` CRL.M.C.NO.5030 & 5022 OF 2020 7 ``` of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought. ``` ``` In the result, this Crl.M.C is allowed. The proceedings in C.P.No. 41/2019 on the files of the Chief Judicial Magistrate Court, Thalassery is quashed. ``` ``` Sd/- ``` ``` V.G.ARUN ``` ``` JUDGE ``` avs CRL.M.C.NO.5030 & 5022 OF 2020 8 ## **APPENDIX OF Crl.MC 5030/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 571/2018 OF KOLAVALLUR POLICE STATION ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 13-10-2020 ANNEXURE A3 THE AFFIDAVIT SSWORN BY THE 3RD RESPONDENT DATED 25/09/2020** ## **RESPONDENT'S/S EXHIBITS:** **NIL** CRL.M.C.NO.5030 & 5022 OF 2020 9 ## **APPENDIX OF Crl.MC 5022/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 571 OF 2018 OF KOLAVALLUR POLICE STATION. ANNEXURE A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 13.10.2020. ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 25.09.2020.** **RESPONDENT'S/S EXHIBITS:** **NIL** **avs //TRUE COPY// P.A TO JUDGE**