Crl.M.C.No.8747/22

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ZIYAD RAHMAN A.A.
Judgment Date: 2023-01-03
Court Decision / Holding: This Cr.M.C. is allowed; Annexure-A final report in Crime No.6/2020 of Kallambalam Police Station and all further proceedings in S.C.No.1014 of 2021 on the file of the Assistant Sessions Court, Attingal, against the petitioners are hereby quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Sujith
Mahesh
Sarath
Joy
Vijesh @ Jagann
Manoj

Respondents

State of Kerala represented by Public Prosecutor
Aswath @ Achu
Sajeev @ Saji
Santhosh
Vishnura j @ Vishnu
Visakh

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Melwin Byju

Counsels for Respondents

• Adv. Shajin S. Hameed
• Sri. M.P. Prashanth, Public Prosecutor

Case Synopsis & Summary

This criminal miscellaneous case concerns Crime No. 6 of 2020 registered at Kallambalam Police Station, now pending as S.C. No. 1014 of 2021 in the Assistant Sessions Court, Attingal. The petitioners (Accused Nos. 1 to 6) are prosecuted under multiple IPC sections—143, 147, 148, 341, 323, 324, 294(b), 506(ii), 326 and 308, read with Section 149 IPC. Annexure-A is the final report. The CRL.M.C. seeks to quash all further proceedings, based on a settlement between the parties; Annexures B to F are affidavits from respondents 2 to 6 acknowledging the settlement and expressing no objection. The State Prosecutor confirms veracity after SHO verification. The respondents contend the dispute is private; the court notes that even though offences 326 and 308 are serious, a related incident led to Crime No. 5/2020, currently in SC No. 852 of 2021; accused in that matter are the injured here. The court relies on the Supreme Court's Gian Singh decision (2012) 10 SCC 303, to allow quashing where the parties have settled and there is no fruitful purpose in continued prosecution. The judge also records absence of any criminal antecedents for the petitioners. Accordingly, the Cr.M.C. is allowed, Annexure-A final report and all further proceedings in S.C. No. 1014 of 2021 are quashed.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 341 IPCSection 323 IPCSection 324 IPCSection 294(b) IPCSection 506(ii) IPCSection 326 IPCSection 308 IPCSection 149 IPC (read with the above sections)

Legal Doctrines & Maxims

Gian Singh doctrine – quashing of proceedings under Section 482 Cr.P.C. in cases with private settlement.
No fruitful purpose would be served by continuing the prosecution.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that the dispute with the victims is private and has been resolved by affidavits (Annexures B–F). Relying on Gian Singh v. State of Punjab (2012) 10 SCC 303, they urge that quashing is warranted under Section 482 Cr.P.C. as no fruitful purpose would be served by continuing the prosecution.

Contentions of Respondents

Respondents 2–6 have filed affidavits evidencing the settlement and no-objection; the State Prosecutor confirms veracity after verification by the SHO; the parties’ private settlement should permit quashing to avoid unnecessary prosecution, given absence of antecedents.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	(2012) 10 SCC 303	Positive	Court relied on the Gian Singh doctrine to quash the criminal proceedings due to private settlement and lack of public interest in prolonging prosecution.

Extracted Judgment Text

Exact text extracted from official judgment records.

Crl.M.C.No.8747/22 1 ## _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 3[RD] DAY OF JANUARY 2023 / 13TH POUSHA, 1944_ ## _CRL.MC NO. 8747 OF 2022_ _AGAINST THE ORDER/JUDGMENTSC 1014/2021 OF PRINCIPAL SUB_ _COURT,ATTINGAL_ ## _PETITIONERS/A1 TO A6:_ _1 SUJITH, AGED 30 YEARS, S/O. SURENDRAN, CHARUVILA VEEDU, NEAR GOVT. LPS SCHOOL, MULLARAMCODE,_ _MAVINMOODU DESOM, OTTOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 605._ _2 MAHESH, AGED 30 YEARS, S/O. NAKULAN, CHARUVILA VEEDU, MAVINMOODU COLONY, MULLARAMCODE, OTTOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN – 695 605._ _3 SARATH, AGED 28 YEARS, S/O. SURENDRAN, CHARUVILA VEEDU, MAVINMOODU COLONY, MULLARAMCODE, OTTOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN – 695 605._ _4 JOY, AGED 24 YEARS, S/O.GOPI, CHARUVILA VEEDU, NEAR GOVT. LPS SCHOOL, MULLARAMCODE, MAVINMOODU DESOM, OTTOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 605._ Crl.M.C.No.8747/22 2 _5 VIJESH @ JAGAN, AGED 21 YEARS, S/O.KUNJUSANKARAN, CHARUVILA VEEDU, MAVINMOODU COLONY, MULLARAMCODE, OTTOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN – 695 605._ _6 MANOJ, AGED 35 YEARS, S/O. VASUDEVAN, BINDU NIVAS, MAVINMOODU DESOM, NAVAIKULAM VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 605._ _BY ADV.MELWIN BYJU_ ## _RESPONDENTS/STATE, CW1 TO CW5:_ - _1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031._ _2 ASWATH @ ACHU, AGED 27 YEARS, S/O.MANILAL, KUNNUVILA PUTHEN VEEDU, NEAR THIRUVATHIRA HOLLOW BRICKS, MAVINMOODU, MULLARAMKODU DESOM, OTTOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 605._ _3 SAJEEV @ SAJI, AGED 40 YEARS, S/O.SASIDHARAN ASARI, VATTAVILA VEEDU, MAVINMOODU DESOM, OTTOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM_ Crl.M.C.No.8747/22 3 _DISTRICT, PIN – 695 605._ _4 SANTHOSH, AGED 41 YEARS, S/O.SASIDHARAN ASARI, VATTAVILA VEEDU, MAVINMOODU DESOM, OTTOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 605._ _5 VISHNURAJ @ VISHNU, AGED 27 YEARS, S/O.MANIRAJAN, VISHNU LAND, MAVINMOODU, KALLAMBALAM DESOM, OTTOOR VILLAGE, VARAKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 605._ _6 VISAKH, AGED 24 YEARS, S/O. MANIRAJAN, VISHNU LAND, MAVINMOODU, MAVINMOODU DESOM, OTTOOR VILLAGE, VARAKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 605._ _BY ADV.SHAJIN S.HAMEED SRI.M.P.PRASHANTH, PUBLIC PROSECUTOR_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.No.8747/22 4 ## **O R D E R** The petitioners are the accused Nos.1 to 6, in Crime No.6 of 2020 of Kallambalam Police Station, which is now pending as S.C.No.1014 of 2021 on the file of the Assistant Sessions Court, Attingal. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 294(b), 506(ii), 326 and 308 red with Section 149 IPC. 2. Annexure-A is the final report submitted by the Police, and this Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A final report. Respondents 2 to 6 are the victims of the said crime. 3. Heard Sri.Shajin S.Hameed, learned counsel for the petitioners, Sri.A.K.Rajesh, learned counsel for the respondents 2 to 6 and Smt.Sreeja V., learned Public Prosecutor for the State. 4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-B to Annexure-F affidavits sworn by respondents 2 to 6 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the respondents 2 to 6 had explicitly acknowledged the aforesaid settlement and also Crl.M.C.No.8747/22 5 conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 2 to 6 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 particularly 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 against the petitioners are under Sections 326 and 308 IPC. However, it is seen from the records that, in connection with the very same incident, crime No.5 of 2020 was registered by the Kallambalam Police, in which the accused persons are the respondents 2 to 4 and some other persons. Injured persons in the said case are the accused persons in this case. The said crime is now pending as Crl.M.C.No.8747/22 6 S.C.No.852 of 2021 before the Assistant Sessions Court, Attingal and Crl.M.C.No.8683 of 2022 is filed by the accused persons therein to quash the proceedings against them. Both these Crl.M.Cs are filed on the basis of the settlement arrived between the parties. Considering the fact that the parties have mutually settled all the disputes between them, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C. While considering the same, I have also taken note of the fact that no criminal antecedents of any of the petitioners herein were also brought to my notice. In the result, this Crl.M.C. is allowed, and Annexure-A final report submitted in Crime No.6 of 2020 of Kallambalam Police Station and all further proceedings in S.C.No.1014 of 2021 on the file of the Assistant Sessions Court, Attingal, against the petitioners are hereby quashed. _Sd/-_ ## **ZIYAD RAHMAN A.A.** **JUDGE** DG/4.1.23 Crl.M.C.No.8747/22 7 ## _APPENDIX OF CRL.MC 8747/2022_ ## _PETITIONER ANNEXURES_ _Annexure-A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO:6/2020 OF KALLAMBALAM POLICE STATION._ - _Annexure-B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT._ - _Annexure-C AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT._ - _Annexure-D AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT._ - _Annexure-E AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT Annexure-F AFFIDAVIT EXECUTED BY THE 6TH RESPONDENT._ Crl.M.C.No.8747/22 8 ## _APPENDIX OF CRL.MC 8683/2022_ ## _PETITIONER ANNEXURES_ |_Annexure-A_|_CERTIFIED COPY OF THE FINAL REPORT IN_| |---|---| ||_CRIME NO.5/2020 OF KALLAMBALAM POLICE_| ||_STATION, THIRUVANANTHAPURAM DISTRICT._| |_Annexure-B_|_AFFIDAVIT EXECUTED BY THE 2ND_| ||_RESPONDENT._| |_Annexure-C_|_AFFIDAVIT EXECUTED BY THE 3RD_| ||_RESPONDENT._| |_Annexure-D_|_AFFIDAVIT EXECUTED BY THE 4TH_| ||_RESPONDENT._|