Tenetowl LogoTenetowl
High Court of KeralaSingle JudgeCrl.M.C allowed; proceedings quashed.

Jishnu K.U and Others v. State of Kerala and Others

Case / Petition Number:Crl.M.C.No.3350 of 2024
Neutral Citation:/

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Bechu Kurian Thomas
Judgment Date
2024-05-29
Court Decision / Holding
All proceedings against the petitioners in SC No.126/2021 are quashed. The Crl.M.C. is allowed.
Final Disposition
Crl.M.C allowed; proceedings quashed.

Parties to the Case

Appellants / Petitioners

  • JISHNU K.U
  • ASIF AZZEZ
  • JYOTHISH NARAYANAN
  • GOKUL K.G.
  • AMAL U.A.
  • YADHUKRISHNA
  • ANURAG J.P.
  • NEERAJ M.P.
  • GAUTHAM KRISHNA S
  • GOWTHAM M
  • SOORAJ KRISHNA U
  • VAISAKTH V
  • SREERAG T
  • RAHUL N.M.
  • SOORAJ V

Respondents

  • STATE OF KERALA
  • RAHUL ITTITHARA RAMANKUTTY
  • AROMAL
  • AKSHAY KRISHNAN

Legal Representation & Advocates

Counsels for Petitioners

  • • Sohail Ahammed Harris P.P.
  • • Sruthy N. Bhat
  • • Nikita J. Mendez
  • • Nanditha S.

Counsels for Respondents

  • • Abraham Mathan

Case Synopsis & Summary

Criminal Misc. Case No. 3350 of 2024 before the Kerala High Court concerns quashing of proceedings in S.C. No.126/2021, arising from Thrissur West Police Station Crime No.897/2019. The petition seeks relief under Section 482 Cr.P.C. The petitioners, fifteen accused including Jishnu K.U., Asif Azzez, Jyothish Narayanan, Gokul K.G., Amal U.A., Yadhukrishna, Anurag J.P., Neeraј M.P., Gautham Krishna S, Gowtham M, Sooraj Krishna U, Vaisakth V, Sreerag T, Rahul N.M., and Sooraj V, are alleged to have formed an unlawful assembly on 18.12.2019 and assaulted the defacto complainant and injured witnesses with dangerous weapons, committing offences under IPC Sections 143, 147, 148, 323, 324, 308 and 341 read with Section 149 IPC. The respondents include the State and the defacto complainant/injured witnesses. The petition claims an amicable settlement among the parties, evidenced by affidavits (Annexures A3–A5). The Public Prosecutor notes that several accused have prior criminal antecedents, yet the High Court is urged to uphold quashing in view of the settlement and absence of public interest in continuing prosecution. Relying on Gian Singh v. State of Punjab (2012) 10 SCC 303 and later cases, the court accepts the affidavits as genuine and holds no public interest would be served by continuing the prosecution. Accordingly, all proceedings in SC No.126/2021 are quashed and the Crl.M.C. is allowed, with annexures acknowledged.

Provisions of Law Cited

Section 482 Cr.P.C.Sections 143, 147, 148, 323, 324, 308 and 341 read with Section 149 IPC.

Legal Doctrines & Maxims

  • Amicable settlement between victim and wrongdoer can justify quashing of criminal proceedings (Gian Singh v. State of Punjab, 2012) – SCC 303
  • Reiteration of the principle by Narinder Singh v. State of Punjab, 2014 – SCC 466
  • Reiterated in Yogendra Yadav v. State of Jharkhand, 2014 – SCC 653

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that there is an amicable settlement among the parties, supported by affidavits (Annexures A3–A5). They submitted that since the matter has been settled and the offences involve are seen as relatively grave but culminate in a private resolution, continuing the prosecution would serve no public interest and would be futile. They relied on the precedents in Gian Singh, Narinder Singh and Yogendra Yadav to justify quashing under Section 482 Cr.P.C. and stressed absence of any public interest in continuing the proceedings.

Contentions of Respondents

The State, represented by counsel, acknowledged the existence of some criminal antecedents of certain accused but supported the affidavits attesting to the genuineness of the settlement and the victims’ stance. The Respondents urged that the matter had to be examined for public interest; however, recognizing the settlement and the lack of public interest in prolonging litigation, they did not oppose quashing in light of the settled position.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab and Another[(2012) 10 SCC 303]PositiveHigh Court can quash criminal proceedings in appropriate cases where amicable settlements between victims and wrongdoers exist and no public interest is involved.
Narinder Singh and Others v. State of Punjab and Another[(2014) 6 SCC 466]PositiveReiterates the settlement-based quashing principle.
Yogendra Yadav and Others v. State of Jharkhand and Another[(2014) 9 SCC 653]PositiveAffirms the amicable resolution approach enabling quashing.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Jishnu K.U and Others v. State of Kerala and Others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 29[TH] DAY OF MAY 2024 / 8TH JYAISHTA, 1946 CRL.MC NO. 3350 OF 2024 CRIME NO.897/2019 OF TOWN WEST POLICE STATION, THRISSUR IN SC NO.126 OF 2021 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT, THRISSUR ``` ## **`PETITIONERS/ACCUSED:`** |**`1`**|**`JISHNU K.U`**| |---|---| ||**`AGED 25 YEARS`**| ||**`S/O. UNNIKRISHNAN,`**| ||**`KAIMAPARAMBIL HOUSE,`**| ||**`CHITTISSERY DESOM, NENMANIKKARA VILLAGE,`**| ||**`CHITTISSERY. P. O, THRISSUR DISTRICT, PIN – 680301`**| |**`2`**|**`ASIF AZZEZ`**| ||**`AGED 25 YEARS`**| ||**`S/O AZEEZ,`**| ||**`VELUTHATTIL HOUSE,`**| ||**`KARUMATHRA DESOM, VILLAGE AND POST,`**| ||**`WADAKKANCHERY, THRISSUR DISTRICT, PIN – 680583`**| |**`3`**|**`JYOTHISH NARAYANAN`**| ||**`AGED 25 YEARS`**| ||**`S/O KRISHNAN NAMBOOTHRI,`**| ||**`KASIPILLI MANA EDAPPAL PO,`**| ||**`THALAMUNDA EDAPPAL, PONNANI,`**| ||**`MALAPPURAM DISTRICT, PIN – 679576`**| |**`4`**|**`GOKUL K.G.`**| ||**`AGED 26 YEARS`**| ||**`S/O. GOPALAKRISHNAN,`**| ||**`KAKKARAKALATHIL HOUSE, KAKKARAKUNNU DESOM,`**| ||**`VADAKKETHARA VILLAGE, PAZHAYANNUR. P.O,`**| ||**`THRISSUR DISTRICT, PIN – 680587`**| Crl.M.C.No.3350 of 2024 -:2:- ``` 5AMAL U.A. AGED 24 YEARS S/O. ASHOKAN, UNNIKOCHAN HOUSE, KUNDALIYOOR DESOM, ENGANDIYOOR VILLAGE, KUNDALIYOOR. P.O, THRISSUR DISTRICT, PIN – 680616 6YADHUKRISHNA AGED 24 YEARS S/O. SUNILKUMAR, VATTAKULAM HOUSE, ANAPPARA DESOM, VILVATTOM VILLAGE, RAMAVARMAPURAM. P. O, THRISSUR DISTRICT, PIN – 680631 7ANURAG J.P. AGED 24 YEARS S/O JAYAPRAKASH C, KAIRALI CHAKKALAPARAMBU, NADUVATH P.O, MALAPPURAM DISTRICT, PIN – 679328 8NEERAJ M.P. AGED 25 YEARS C/O LAKSHMNARAYANAN M.P, MELEPATT POOKKARAVALAPPIL HOUSE, AYILAKKAD, EDAPPAL, PONNANI, MALAPPURAM DISTRICT, PIN – 679576 9GAUTHAM KRISHNA S AGED 24 YEARS S/O SURESH BABU, P.O. PUTHUKKULANGARA, THEEKUNI, VELOM, CHERAPURAM, KOZHIKODE DISTRICT, VADAKARA, KERALA, PIN – 673507 10GOWTHAM M AGED 23 YEARS S/O MURALI N P, AMBANILAYAM, KUTTICHIRA ROAD KALATHODE, OLLUKKARA P.O, OLLURKKARA, THRISSUR DISTRICT, PIN – 680655 ``` Crl.M.C.No.3350 of 2024 -:3:- ``` 11SOORAJ KRISHNA U AGED 23 YEARS S/O PURUSHOTHAMAN U, ULLAVAPPAIL HOUSE, TALAKKAD, MALAPPURAM DISTRICT, PIN – 676105 ``` ``` 12VAISAKTH V AGED 23 YEARS S/O VIJAYAKUMAR. C, VELLAKOTTIL HOUSE, GANDHI NAGAR, CHEROOR, PERINGAVU, THRISSUR DISTRICT, PIN – 680008 13SREERAG T AGED 25 YEARS S/O RAMACHANDRAN. N, THOTTUNGAL, KARINGAPPARA, OZHOOR, PONMUNDAM, MALAPPURAM DISTRICT, PIN – 676106 14RAHUL N.M. AGED 26 YEARS S/O MOHANAN N.V, NEDIYAMBATH HOUSE, PANAMUKKU P.O NEDUPUZHA THRISSUR DISTRICT, PIN – 680001 15SOORAJ V AGED 26 YEARS S/O SUKUMARAN V, VALLIYATHODIYIL, PULLANIVATTA, THACHANATTUKKARA 1, KUNDURKUNNU, PALAKKAD DISTRICT, PIN – 678583 ``` ``` BY ADVS. SOHAIL AHAMMED HARRIS P.P. SRUTHY N. BHAT NIKITA J. MENDEZ NANDITHA S. ``` ## **`RESPONDENTS/STATE/DEFACTO COMPLAINANT/INJURED:`** ``` 1STATE OF KERALA REP BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031 ``` Crl.M.C.No.3350 of 2024 -:4:- ``` 2RAHUL ITTITHARA RAMANKUTTY AGED 27 YEARS S/O RAMANKUTTY, HOLDER OF INDIAN PASSPORT NO.M7219458, ITTIHARA HOUSE, KODUNGALLUR DESOM, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN – 680664 ``` ``` 3AROMAL AGED 24 YEARS (HOLDER OF INDIAN PASSPORT NO. T0900716) , S/O SUGATHAN, CHENCHERY HOUSE, PALAYUR DESOM, CHAVAKKAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN – 680560 ``` ``` 4AKSHAY KRISHNAN AGED 24 YEARS S/O DHAMODHARAN, VADAKKEDATH THAMARAPPILLI MANA, MANALOOR DESOM, MANALOOR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN – 680560 ``` ## **`BY ADV ABRAHAM MATHAN`** ## **`OTHER PRESENT:`** ## **`SMT. SREEJA V., PUBLIC PROSECUTOR`** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON ``` ``` 29.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.3350 of 2024 -:5:- ## **BECHU KURIAN THOMAS, J.** **--------------------------------------Crl.M.C.No.3350 of 2024 ---------------------------------------** Dated this the 29[th ] day of May, 2024 ## **ORDER** Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them. 2. Petitioners are the accused in S.C.No.126/2021 on the files of the Assistant Sessions Court, Thrissur, arising out of Crime No.897/2019 of Thrissur West Police Station, Thrissur, registered for the offences under Sections 143, 147, 148, 323, 324, 308 and 341 r/w Section 149 of the Indian Penal Code, 1860. Respondents 2 to 4 are the defacto complainant and the injured witnesses. 3. According to the prosecution, the accused had, on 18.12.2019, formed themselves into an unlawful assembly and assaulted the defacto complainant with dangerous weapons causing serious injuries, and thereby committed the offences alleged. 4. Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor. 5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings. Crl.M.C.No.3350 of 2024 ## -:6:- 6. Though the learned Public Prosecutor pointed out that accused 1, 2, 4, 5, 7, 10 and 13 have criminal antecedents, as they had been involved in a few other crimes in various years for having committed offences either under Section 323 and 324 of IPC, I am of the view that considering the nature of settlement arrived at between the parties, no purpose would be achieved by continuing the prosecution. 7. In **Gian Singh v. State of Punjab and Another** [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in **Narinder Singh and Others v. State of Punjab and Another** [(2014) 6 SCC 466] and **Yogendra Yadav and Others v. State of Jharkhand and Another** [(2014) 9 SCC 653]. 8. I have perused Annexure-A3 to Annexure-A5 affidavits filed by respondents 2 to 4. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents stand by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility. Crl.M.C.No.3350 of 2024 -:7:- 9. Accordingly, all proceedings against the petitioners S.C.No.126/2021 on the files of the Assistant Sessions Court, Thrissur, are quashed. This Crl.M.C is allowed as above. Sd/- **BECHU KURIAN THOMAS JUDGE** Jka/29.05.24. Crl.M.C.No.3350 of 2024 -:8:- ## **`APPENDIX OF CRL.MC 3350/2024`** |**`PETITIONER ANNEXURES`**|| |---|---| |**`Annexure A1`**|**`CERTIFIED COPY OF THE FIRST INFORMATION`**| ||**`REPORT DATED 18.12.2019 IN CRIME`**| ||**`NO.897/2019 OF THRISSUR WEST POLICE`**| ||**`STATION`**| |**`Annexure A2`**|**`CERTIFIED COPY OF FINAL REPORT DATED`**| ||**`19.02.2020 IN CRIME NO.897/2019 OF`**| ||**`THRISSUR WEST POLICE STATION`**| |**`Annexure A3`**|**`AFFIDAVIT OF THE 2ND RESPONDENT DATED`**| ||**`24.03.24`**| |**`Annexure A4`**|**`AFFIDAVIT OF THE 3RD RESPONDENT DATED`**| ||**`12.03.24`**| |**`Annexure A5`**|**`AFFIDAVIT OF THE 4TH RESPONDENT DATED`**| ||**`30.03.24`**|