Crl.M.C.No.8735/22 (High Court of Kerala, Ernakulam)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ziyad Rahman A.A.
Judgment Date: 2022-12-20
Court Decision / Holding: This Crl.M.C. is allowed; Annexure I FIR in Crime No.1133/2017 and all further proceedings in SC No.397/2019 before the Sessions Court, Palakkad, against the petitioners are quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

VIJEESH (S/O VIJAYAN)
AJEESH (S/O ARUMUGHAN)
PRABHU (S/O DHURE)
VISHNU (S/O HARIDASAN)
SHIJU (S/O MOHANAN)
VINOD (S/O BALAN)
SHIBU (S/O MOHANAN)
VISHNU (S/O KRISHNANKUTTY)
MANU (S/O KRISHNANKUTTY)
PRASANTH (S/O RAMACHANDRAN)
DHANESH (S/O NARAYANAN)
ARUNKUMAR (S/O CHANDRAN)
RAHUL (S/O RAMDAS)
MAHESH (S/O RAMACHANDRAN)
RAHUL (S/O Guruvayoorappan)
VISHNU (S/O RADHAKRISHAN)

Respondents

State of Kerala represented by Public Prosecutor
Biju
Ranjith
Abhi jit
Shiju
Sakunthala
Chellamma

Legal Representation & Advocates

Counsels for Petitioners

• SYAM K.P.
• AMAL DEV
• DA.SHEEBA
• ATHEESHA M.V.
• SUJITHRA M.S
• ASHISH GOPAL
• K.G
• AMRUTHHA P.S.

Counsels for Respondents

• SRI.M.P.PRASHANTH
• PUBLIC PROSECUTOR SILPA N.S

Case Synopsis & Summary

This Criminal Miscellaneous Case concerns a challenge to quash proceedings in Crime No.1133/2017 of Pudunagaram Police Station, now SC No.397/2019 before the Sessions Court, Palakkad. The petitioners-accused Nos. 1 to 16 are charged under sections 143, 147, 148, 341, 326, 308, and 149 read with section 34 IPC. Respondents include the State of Kerala (Public Prosecutor) and the victims 2–7. The petition seeks to quash all further proceedings, supported by affidavits (Annexures III–VIII) sworn by respondents 2–7 acknowledging the settlement and by the Station House Officer verifying its genuineness. Learned counsel for petitioners contends the dispute is private and settled; continuing prosecution would not serve a fruitful purpose, invoking Gian Singh v. State of Punjab and Another (2012) 10 SCC 303. The State and respondents’ counsel endorse the settlement, with no objection to quashing. The court notes the altercation arose during a local temple festival between two factions, and that the parties have since reconciled, restoring harmony. Relying on Gian Singh, the court exercises its inherent powers under Cr.P.C. 482 to quash the FIR and all further proceedings to preserve peace and promote public interest, despite offences that include violent acts. The prayer is allowed; quashing issued.

Provisions of Law Cited

IPC sections 143, 147, 148, 341, 326, 308, and 149 read with section 34 IPCCr.P.C. Section 482

Legal Doctrines & Maxims

Gian Singh v. State of Punjab and Another (2012) 10 SCC 303

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the dispute between the parties is private and has been amicably settled, supported by affidavits (Annexures III–VIII). They contend that quashing under Section 482 Cr.P.C. is warranted to avoid fruitless prosecution, citing Gian Singh. They emphasize restoration of peace and harmony in the locality and argue the SH0's verification of the settlement supports quashing.

Contentions of Respondents

The State and respondents’ counsel acknowledge the settlement and do not oppose quashing in light of the private nature of the dispute and the need to maintain peace; they note that some offences involve violence but contend the settled atmosphere justifies invoking the court’s powers under Cr.P.C. 482.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	[(2012) 10 SCC 303]	Positive	The court relies on the Gian Singh doctrine to quash proceedings in a private dispute where a settlement has been reached and continued prosecution would not serve public interest.

Extracted Judgment Text

Exact text extracted from official judgment records.

Crl.M.C.No.8735/22 1 _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 19[TH] DAY OF DECEMBER 2022 / 28TH AGRAHAYANA, 1944_ _CRL.MC NO. 8735 OF 2022_ _AGAINST THE ORDER/JUDGMENTSC 397/2019 OF DISTRICT COURT &_ _SESSIONS COURT, PALAKKAD_ ## _PETITIONERS/ACCUSED NO.1 TO 16:_ _1 VIJEESH, AGED 25 YEARS, S/O.VIJAYAN, KALLUMPARAMBU HOUSE. PALLASSANA, PALAKKAD, PIN – 678 505. 2 AJEESH, AGED 24 YEARS, S/O.ARUMUGHAN, PARAKKAL HOUSE, KAMANTHARA, PALLASSANA, PALAKKAD, PIN – 678 505. 3 PRABHU, AGED 25 YEARS, S/O.DHURE, PALLIMEKAVU VEEDU, PALLASSANA, PALAKKAD, PIN – 678 505. 4 VISHNU, AGED 25 YEARS, S/O.HARIDASAN, OZHIVUPARA HOUSE, PALLASSANA, PALAKKAD, PIN – 678 505. 5 SHIJU, AGED 30 YEARS, S/O.MOHANAN, THAMARAMUGHAL HOUSE, PALLASSANA, PALAKKAD, PIN – 678 505._ Crl.M.C.No.8735/22 2 |_6_|_VINOD,_| |---|---| ||_AGED 28 YEARS,_| ||_S/O.BALAN,_| ||_PULAVARAMBU VEEDU,_| ||_PALLASSANA, PALAKKAD, PIN – 678 505._| |_7_|_SHIBU,_| ||_AGED 27 YEARS,_| ||_S/O.MOHANAN,_| ||_PULAVARAMBU VEEDU,_| ||_PALLASSANA, PALAKKAD, PIN – 678 505._| |_8_|_VISHNU,_| ||_AGED 34 YEARS,_| ||_S/O.KRISHNANKUTTY,_| ||_ODUVANKAD HOUSE,_| ||_PALLASSANA, PALAKKAD, PIN – 678 505._| |_9_|_MANU,_| ||_AGED 28 YEARS,_| ||_S/O.KRISHNANKUTTY,_| ||_ODUVANKAD HOUSE,_| ||_PALLASSANA, PALAKKAD, PIN – 678 505._| |_10_|_PRASANTH,_| ||_AGED 25 YEARS,_| ||_S/O.RAMACHANDRAN,_| ||_KULAVARAMBU VEEDU,_| ||_PALLASSANA, PALAKKAD, PIN – 678 505._| |_11_|_DHANESH,_| ||_AGED 25 YEARS,_| ||_S/O.NARAYANAN,_| ||_KULAVARAMBU VEEDU,_| ||_PALLASSANA, PALAKKAD, PIN – 678 505._| |_12_|_ARUNKUMAR, AGED 24 YEARS,_| ||_S/O.CHANDRAN,_| ||_PANDHAPULLI VEEDU_| Crl.M.C.No.8735/22 3 _PALLASSANA, PALAKKAD, PIN – 678 505. 13 RAHUL, AGED 25 YEARS, S/O.RAMDAS, MOOCHIPARAMBU VEEDU, PALLASSANA, PALAKKAD, PIN – 678 505. 14 MAHESH, AGED 24 YEARS, S/O.RAMACHANDRAN, NELLIKKALPADAM, PALLASSANA, PALAKKAD, PIN – 678 505. 15 RAHUL, AGED 27 YEARS, S/O.GURUVAYOORAPPAN, PAZHATTUKAD, PALLASSANA, PALAKKAD, PIN – 678 505. 16 VISHNU, AGED 25 YEARS, S/O.RADHAKRISHAN, KANDUPARAMBU, PALLASSANA, PALAKKAD, PIN – 678 505. BY ADVS. SYAM K.P. AMAL DEV D A.SHEEBA ATHEESHA M.V. SUJITHRA M.S ASHISH GOPAL K.G AMRUTHA P.S._ ## _RESPONDENTS/COMPLAINANTS/VICTIMS:_ _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031._ Crl.M.C.No.8735/22 4 _2 BIJU, AGED 28 YEARS, S/O.RAJAPPAN, THAKARAKADU HOUSE, ETTANUR, PALAKKAD, PIN – 678 502._ _3 RANJITH, AGED 29 YEARS, S/O.KRISHNAN, THAKARAKADU HOUSE, ETTANUR, PALAKKAD, PIN – 678 502._ _4 ABHIJITH, AGED 24 YEARS, S/O.APPUNNI, THAKARAKADU HOUSE, ETTANUR, PALAKKAD, PIN – 678 502._ _5 SHIJU, AGED 25 YEARS, S/O.RAJAPPAN, THAKARAKADU HOUSE, ETTANUR PALAKKAD, PIN – 678 502._ _6 SAKUNTHALA, AGED 53 YEARS, W/O.APPUNNI, THAKARAKADU HOUSE, ETTANUR PALAKKAD, PIN – 678 502._ _7 CHELLAMMA, AGED 65 YEARS, W/O.SHANKARAN, VALATHUKADU, ETTANUR, PALAKKAD-, PIN – 678 502._ _BY ADVS. SRI.M.P.PRASHANTH, PUBLIC PROSECUTOR SILPA N.S._ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.No.8735/22 5 ## **O R D E R** The petitioners are the accused Nos.1 to 16, in Crime No.1133 of 2017 of Pudunagaram Police Station, which is now pending as S.C.No.397 of 2019 before the Sessions Court, Palakkad. 2. The Offences alleged against the petitioners are under Sections 143, 147, 148, 341, 326, 308, and 149 read with Section 34 IPC. Annexure-I is the FIR and Annexure-II is the final report submitted by the Police. Respondents Nos.2 to 7 are the victims of the crime. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-II. 3. Heard Sri.Syam K.P., learned counsel for the petitioners, Sri.M.P.Prashanth, learned Public Prosecutor for the State and Smt.Silpa N.S., learned counsel for the respondents 2 to 7. 4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-III to Annexure-VIII affidavits sworn by the respondents 2 to 7 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the respondents 2 to 7 had specifically acknowledged the aforesaid settlement and also conveyed the no- Crl.M.C.No.8735/22 6 objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 2 to 7 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 under Section 482 Cr.P.C. This is mainly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue. 6. It is true that some of the offences are under Sections 326 and 308 IPC. Learned Public Prosecutors would further point out that the 1[st] and 3[rd] petitioners have criminal antecedents. However, it is evident from the records that the dispute, which ultimately resulted in the incident, stemmed up during a local temple festival between two factions of the people in the locality. Now both factions have settled all their disputes and restored the Crl.M.C.No.8735/22 7 cordial relationship. Therefore, I deem it appropriate to invoke the jurisdiction of this court to quash the proceedings to ensure peace and harmony in the locality. In the result, this Crl.M.C. is allowed, and Annexure-AI FIR submitted in Crime No.1133 of 2017 of Pudunagaram Police Station and all further proceedings in S.C.No.397 of 2019 on the file of the Sessions Court, Palakkad, against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A. JUDGE** DG/20.12.22 Crl.M.C.No.8735/22 8 ## _APPENDIX OF CRL.MC 8735/2022_ _PETITIONER ANNEXURES_ _Annexure I CERTIFIED COPY OF THE FIRST INFORMATION REPORT REGISTERED AS CRIME NO. 1133/ 2017 REGISTERED BY THE PUDUNAGARAM POLICE STATION, PALAKKAD DISTRICT, ALONG WITH THE CERTIFIED COPIES OF FIS. Annexure II CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE PUDUNAGARAM POLICE STATION AS SC NO. 397 OF 2019 BEFORE THE HON'BLE HON'BLE DISTRICT AND SESSIONS COURT, PALAKKAD Annexure III THE AFFIDAVIT SIGNED BY THE DEFACTO COMPLAINANT/ RESPONDENT NO.2 Annexure IV THE AFFIDAVIT SIGNED BY THE VICTIM/RESPONDENT NO.3 Annexure V THE AFFIDAVIT SIGNED BY THE VICTIM/RESPONDENT NO.4 Annexure VI THE AFFIDAVIT SIGNED BY THE VICTIM/ RESPONDENT NO.5 Annexure VII THE AFFIDAVIT SIGNED BY THE VICTIM/RESPONDENT NO.6 Annexure VIII THE AFFIDAVIT SIGNED BY THE VICTIM/ RESPONDENT NO.7_