Dilshad T. and others v. State of Kerala and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ZIYAD RAHMAN A.A.
Judgment Date: 2022-08-03
Court Decision / Holding: The Court allows the Crl.M.C. and quashes Annexure-A1 final report in Crime No.1499/2019 and all further proceedings in CC No.94/2021 before the Judicial First Class Magistrate Court, Kalamassery.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Dilshad T.
Aneeb Ali
Amal Hari
Abdul Haseeb K.U
Dishmil Shas Muhammed
Muhammed Sherin
Kalidas K.P
Muhammed Ameen
Shabas Ahammad
Ameer Shahsad

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala
Selas Cleetus
Saswal
Akshay Murali

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Ameer K.M.

Counsels for Respondents

• Smt. Sreeja V., Public Prosecutor
• Sri. Vivek P.K

Case Synopsis & Summary

This is a criminal miscellaneous petition (Crl.M.C. No. 4009 of 2022) filed before the High Court of Kerala at Ernakulam by ten accused persons ( petitioners) in Crime No.1499/2019 of Kalamassery Police Station, who are facing charges under IPC sections 143, 147, 148, 341, 324, 326 read with section 149. The State and the de facto complainants (respondents) contend that the case arises from a private dispute among students of the Cochin University of Science and Technology (CUSAT) and involves injuries sustained by respondents 2 to 4 on 18.09.2019. The petitioner’s ground for quashing is that the dispute has been settled, as evidenced by affidavits A3–A5, and there is no subsisting grievance. The SHO has verified the settlement, and the respondents reiterate they have no objection to quashing the proceedings. The learned Judge, after noting the private nature of the matter and the likelihood of an ineffective prosecution, relies on Gian Singh v. State of Punjab and Another to invoke the inherent powers under Section 482 Cr.P.C. The Court is persuaded by the settlement and the youths’ ages and, accordingly, allows the petition, quashing Annexure-A1 final report and all further proceedings in CC 94/2021 before the JFMC Kalamassery.

Provisions of Law Cited

IPC Sections 143, 147, 148, 341, 324, 326 read with Section 149Section 482 Cr.P.C.

Legal Doctrines & Maxims

Inherent powers of High Court under Section 482 Cr.P.C. to quash criminal proceedings in the interest of justice.
Settlement between private parties can justify quashing of proceedings in private disputes (as recognized in Gian Singh v. State of Punjab and Another).

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the dispute among the accused and the respondents is private and has now been settled. They rely on affidavits A3–A5 showing that the injured parties have no subsisting grievance and have no objection to quashing the proceedings. They contend that the private nature of the dispute and the settlement render continued prosecution purposeless, justifying exercise of the High Court’s inherent power under Section 482 Cr.P.C. They also invoke the principle laid down in Gian Singh v. State of Punjab and Another to justify quashing the proceedings in the interests of justice.

Contentions of Respondents

The respondents (2–4) and the State acknowledge the settlement, with affidavits from the injured parties stating no remaining grievance and the SHO confirming the verification of settlement. They argue that since the matter concerns a private dispute among students and settles without public interest, quashing the proceedings would preserve judicial resources and protect the parties from ongoing harassment. The record shows no objection from the injured parties to quashing, supporting the prayer.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	2012(4) KLT 108	Positive	The High Court relies on Gian Singh to exercise its inherent powers under Section 482 Cr.P.C. to quash proceedings in a private-dispute context where there is a settlement.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944** **CRL.MC NO. 4009 OF 2022** ## Crime No.1499/2019 of Kalamassery Police Station ## **PETITIONER/ACCUSED:** 1 DILSHAD .T AGED 22 YEARS S/O MAHAMMOOD, THUNDIYIL HOUSE, KAYAKODI , KOZHIKODE, PIN - 673508 2 ANEEB ALI AGED 22 YEARS S/O MUHAMMED BASHEER, KEEPPILATTU HOUSE, NADUKARA, PERUVALLUR, MALAPPURAM, PIN - 673638 3 AMAL HARI AGED 22 YEARS S/O HAREESH K SOWPARNIKA HOUSE , MANTRATHOOR, KURUTHODI, VADAKARA,KOZHIKODE, PIN - 673101 4 ABDUL HASEEB K.U AGED 21 YEARS S/O ABDUL AZEES, 2 Crl.M.C No.4009 of 2022 KAPLIYEKAL HOUSE, OMANNUR, MALAPPURAM, PIN - 673637 5 DISHMIL SHAS MUHAMME AGED 23 YEARS S/O ABDUL KAREEM, KODAMKOTTACHAL HOUSE, KAVUMATTAM, ARIKULAM VILLAGE, KOYILANDI,KOZHIKKODE, PIN - 673305 6 MUHAMMED SHERIN AGED 22 YEARS S/O MUHAMMED, NAVATH THAZHAEKUNIYIL HOUSE , VADAKARA, KOZHIKODE., PIN - 673101 7 KALIDAS.K.P AGED 20 YEARS S/ O PATHMAKUMAR, KIZHAKKEMURI HOUSE, VADAZHI, PALAKKAD, PIN - 678706 8 MUHAMMED AMEEN AGED 21 YEARS S/O ABDUL KHADER, VIYOORKANDI HOUSE, NADUVANNUR, KOYILANDI,KOZHIKKODE, PIN - 673305 9 SHABAS AHAMMAD AGED 21 YEARS S/O ABDUL SALAM, NLLAPPATT VILLA, GARDER VALAPP, AAVIKKARA, KANJGAD POST, KASARGOD ., PIN - 671315 3 Crl.M.C No.4009 of 2022 10 AMEER SHAHSAD AGED 23 YEARS S/O ABDULLAH.K.S, NASHATH HOUSE, KAVUM VATTOM, ARKULAM, NADERI POST, KOZHIKODE., PIN - 673620 BY ADV AMEER.K.M. ## **RESPONDENT/COMPLAINANT AND STATE:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SELAS CLEETUS AGED 23 YEARS S/O CLEETUS PAUL, KIZHAKKEDATH HOUSE, BASIN ROAD, ERNAKULAM DISTRICT, PIN - 682011 3 SASWAL AGED 21 YEARS S/O SHAILAGEN, PALLAYI HOUSE, KADAMBODU KARAYIL, CHALAKUDI,THRISSUR., PIN - 680307 4 AKSHAY MURALI AGED 21 YEARS S/O MURALI, PALOLIL HOUSE, PUNCHAVAYALIL.,MUNDAKAYAM, KOTTAYAM DISTRICT., PIN - 686513 **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON** **03.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** 4 Crl.M.C No.4009 of 2022 ## **O R D E R** Petitioners are the accused in Crime No.1499/2019 of Kalamassery Police Station which is now pending as C.C 94/2021 before the Judicial First Class Magistrate Court, Kalamassery. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 341, 324, 326 and read with Section 149 of Indian Penal Code. 2. The prosecution case is that, on 18.09.2019 at 11.05 a.m, the accused have wrongfully confined the respondents 2 to 4 and attacked them with weapons. Annexure-A2 is the FIR and Annexure-A1 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant thereto. 3. Heard Sri.Ameer K.M, the learned counsel appearing for the petitioners, Smt. Sreeja V, the learned Public Prosecutor appearing for the State and Sri. Vivek P.K, the learned counsel appearing for the respondents 2 to 4. 5 Crl.M.C No.4009 of 2022 4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured persons have sworn Annexures-A3 to A5 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents Nos.2 to 4/injured persons also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured persons have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein. 5. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose 6 Crl.M.C No.4009 of 2022 would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in **Gian Singh v. State of Punjab and Another [2012(4) KLT 108],** this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked. 6. It is true that, one of the offences is under Section 326 of Indian Penal Code. However, this is a case relating to the disputes among the students in Cochin University of Science and Technology(CUSAT). The petitioners as well as the respondents 2 to 4 were students in the very same college and now they have sorted out all their disputes. In such circumstances, taking note of the settlement and also the young age of the petitioners, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C. Accordingly, this Crl.M.C. is allowed. Annexure-A1 final report in Crime No.1499/2019 of Kalamassery Police Station and all further proceedings in C.C.No. 94/2021 pending before the Judicial 7 Crl.M.C No.4009 of 2022 First Class Magistrate Court, Kalamassery as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A JUDGE** rpk 8 Crl.M.C No.4009 of 2022 ## **APPENDIX OF CRL.MC 4009/2022** |PETITIONER ANNEXURES|PETITIONER ANNEXURES| |---|---| |Annexure A1|CERTIFIED COPY OF THE FINAL REPORT| ||SUBMITTED IN CC 94/2021 OF HON'BLE| ||JUDICIAL FIRST CLASS MAGISTRATE COURT| ||KALAMASSERY FILED BY THE S.I OF| ||KALAMASSERY POLICE| |Annexure A2|CERTIFIED COPY OF THE F.I.R. FILED BY THE| ||SUB INSPECTOR OF POLICE, KALAMASSERY| |Annexure A3|THE AFFIDAVIT DATED 08.05.2022 BY DEFACTO| ||COMPLAINANT| |Annexure A4|THE AFFIDAVIT DATED 31.05.2022 BY THE| ||DEFACTO COMPLAINNAT| |Annexure A5|THE AFFIDAVIT DATED 31.05.2022 BY THE| ||DEFACTO COMPLAINANT|