Kiran & Ajith v. State of Kerala and Aneesh

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V. G. Arun
Judgment Date: 2020-08-25
Court Decision / Holding: The petition is allowed. The FIRs and proceedings in Crime Nos. 627/2020 and 628/2020 of Anthikkad Police Station are quashed.
Final Disposition: FIRs and proceedings quashed; relief granted for the petitioners and related cases.

Parties to the Case

Appellants / Petitioners

KIRAN
AJITH
PRABEESH @ SARPAMAM
RAHUL @ CHEMBUNDA
SUBIN @ KATTACHAN
NIDHEESH @ TIKKIRI
MITHUN
NIDHEESH @ SHANKUNNI
DHEERAJ @ MAANKANDI
ANI @ ANIMOTTA
ANURAG @ UNDAN

Respondents

State of Kerala represented by the Public Prosecutor, High Court of Kerala, Ernakulam
Aneesh
Nikhil
Sharun
Avanni
Sharath

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Sri.E.VIJIN KARTHIK
• Adv. Sri.VISHNUPRASAD NAIR

Counsels for Respondents

• Smt. SREEJA V., PP
• Adv. E.VIJIN KARTHIK
• Adv. P.VISHNU PRASAD

Case Synopsis & Summary

This is a set of Criminal Miscellaneous petitions (Crl.M.C. Nos. 2972/2020, 2918/2020, 3048/2020) arising from two crime numbers registered at Anthikkad Police Station, Thrissur: Crime No. 627/2020 and Crime No. 628/2020. The petitioners are accused in these cases: Kiran and Ajith (627/2020) and Prabeesh, Rahul, Subin, Nidheesh (Tik), Mithun, Nidheesh (Shankunni), Dheeraj, and Ani (628/2020), while Anurag (3048/2020) is the sixth petitioner. Respondents include the State of Kerala, represented by the Public Prosecutor, and de facto complainants/injured parties Aneesh, Nikhil, Sharun, Avanni, and Sharath. All three petitions seek quashing of the FIRs on grounds of amicable settlement of the dispute and lack of public interest in continuing criminal proceedings. The court perused affidavits from the respondents asserting settlement and absence of subsisting grievances, and noted that petitioners have no criminal antecedents. Relying on Supreme Court precedents Madan Mohan Abbot v. State of Punjab and Gian Singh v. State of Punjab, the judge held that where disputes are resolved amicably and no public interest remains, continuation would amount to abuse of process. The court allowed the petitions and quashed the FIRs and proceedings in both crimes. The order is a single-judge decision by Justice V.G. Arun dated 25 August 2020.

Provisions of Law Cited

IPC sections 341, 323, 34IPC sections 143, 147, 148, 448, 341, 323, 326 r/w 149

Legal Doctrines & Maxims

Abuse of process of court
No public interest in continuing prosecution where dispute is settled
Quashing of FIRs permissible where settled and no public interest remains (Madan Mohan Abbot v. State of Punjab; Gian Singh v. State of Punjab)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners seek quashing of FIRs 627/2020 and 628/2020 in light of amicable settlement between the parties. They argue that the dispute has been resolved, there are no remaining grievances, and there is no public interest in continuing the criminal proceedings. They rely on the affidavits filed by de facto complainants confirming settlement and lack of grievance and cite the absence of any criminal antecedents.

Contentions of Respondents

The respondents contend that the dispute between the parties has been amicably settled, with affidavits indicating no subsisting grievance. They emphasize no public interest in ongoing prosecution and rely on precedents supporting quashing where settlements eliminate the need for further proceedings and there is no likelihood of conviction.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Madan Mohan Abbot v. State of Punjab	[(2008) 4 SCC 582]	Positive	Cited as authority for quashing where settlement exists and no public interest remains.
Gian Singh v. State of Punjab and another	[(2012) 10 SCC 303]	Positive	Cited as authority endorsing quashing in cases arising from disputes settled between parties.

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 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **Crl.MC.No.2972 OF 2020(B)** **CRIME NO.627/2020 OF Anthikkad Police Station , Thrissur** ## **PETITIONERS/ACCUSED NOS. 1 & 2:** **1 KIRAN, AGED 22 YEARS S/O KANNAN, KARAKKATTIL HOUSE, INDIRA NAGAR COLONY, MANAKODY, THRISSUR DISTRICT. 2 AJITH, AGED 21 YEARS S/O SELVARAJ, CHANTAM HOUSE, INDIRA NAGAR COLONY, MANAKODY, THRISSUR DISTRICT.** ## **BY ADV. SRI.E.VIJIN KARTHIK** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY THE PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 ANEESH AGED 33 YEARS S/O AJAYAGHOSH, POOKKODAN HOUSE, MANAKODI, ANTHIKKAD, THRISSUR DISTRICT-680 641.** **R2 BY ADV. P.VISHNU PRASAD** ## **OTHER PRESENT:** **PP SREEJA V.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH Crl.MC.2918/2020(D), Crl.MC.3048/2020(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **..2..** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** **Crl.MC.No.2918 OF 2020(D)** **CRIME NO.628/2020 OF Anthikkad Police Station , Thrissur** ## **PETITIONERS/ACCUSED NOS.1 TO 5 & 7 TO 9:** - **1 PRABEESH @ SARPAMAM, S/O. PRAKASHAN , AINIKKAL HOUSE, NEDUMURI, MANAKKODI.** - **2 RAHUL @ CHEMBUNDA, S/O. RAJAN, PORATTAN HOUSE, NEDUMURI, MANAKKODI.** - **3 SUBIN @ KATTACHAN, S/O. SUDHAKARAN, AINEEKAL HOUSE, NEDUMURI, MANAKKODI.** - **4 NIDHEESH @ TIKKIRI, S/O. AJAYHOSH, POOKATAN HOUSE, NEDUMURI, MANAKKODI.** - **5 MITHUN, S/O. SASHIDHARAN, CHULLIPARAMBIL HOUSE, NAMBIKADAVU, THALIKULAM VILLAGE.** - **6 NIDHEESH @ SHANKUNNI, S/O. JAYAN, MAMBULLI HOUSE , NEDUMURI, MANAKKODI.** - **7 DHEERAJ @ MAANKANDI S/O. DASAN, CHAKKALAPARAMBIL HOUSE, NEDUMURI, MANAKKODI.** - **8 ANI @ ANIMOTTA, S/O. ANIYAN, THEKOOT HOUSE, NEDUMURI, MANAKKODI.** ## **BY ADV. SRI.VISHNUPRASAD NAIR** **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **==> picture [37 x 9] intentionally omitted <==** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANT:** - **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.** - **2 NIKHIL, AGED 24 YEARS S/O. SHIVAN, MELEDATHU HOUSE, INDIRA NAGAR, MANAKODY P.O.** **3 SHARUN AGED 25 YEARS S/O. SURESH, KUNNATHULLIL HOUSE, MANAKODY P.O. MANAKODY VILLAGE.** - **4 AVANNI, AGED 19 YEARS D/O. SURESH, CHERIAMPARAMBIL HOUSE, MANAKODY DESOM, MANAKKODY VILLAGE.** **5 SHARATH, AGED 26 YEARS S/O. ANIL KUMAR, KOPARAMBIL HOUSE, MANAKODY P.O. MANAKODY DESOM, MANAKODY VILLAGE.** **R1 BY SMT. SREEJA V, PP R2-R5 BY ADV. E.VIJIN KARTHIK** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH Crl.MC.2972/2020(B), Crl.MC.3048/2020(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **..4..** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** **Crl.MC.No.3048 OF 2020(A)** **CRIME NO.628/2020 OF Anthikkad Police Station , Thrissur** ## **PETITIONER/ACCUSED NO. 6:** **ANURAG @ UNDAN AGED 26 YEARS S/O.PUSHPANGADAN, PALLIPURATHUKARAN HOUSE, MANAKODI PO, NEDUMURI DESOM, MANAKODI VILLAGE, THRISSUR DISTRICT.** ## **BY ADV. SRI.VISHNUPRASAD NAIR** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANT:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA,**| ||**ERNAKULAM-682031.**| |**2**|**NIKHIL**| ||**AGED 24 YEARS**| ||**S/O.SHIVAN, MELEDATHU HOUSE,**| ||**INDIRA NAGAR, MANAKODY PO.**| |**3**|**SHARUN**| ||**AGED 25 YEARS**| ||**S/O.SURESH, KUNNATHULLIL HOUSE,**| ||**MANAKODY PO, MANAKODY VILLAGE.**| |**4**|**AVANNI**| ||**AGED 19 YEARS**| ||**D/O.SURESH, CHERIAMPARAMBIL HOUSE,**| ||**MANAKODY DESOM, MANAKODY VILLAGE.**| **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **..5..** **5 SHARATH AGED 26 YEARS S/O.ANIL KUMAR, KOPARAMBIL HOUSE, MANAKODY PO, MANAKODY DESOM, MANAKODY VILLAGE.** **R1 BY SMT. SREEJA V, PP R2-R5 BY ADV. E.VIJIN KARTHIK** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH Crl.MC.2918/2020(D), Crl.MC.2972/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **==> picture [37 x 9] intentionally omitted <==** ## **ORDER** **[ Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020 ]** **Dated this the 25th day of August 2020** The petitioners in Criminal M.C.No.2972/2020 are the accused in Crime No.627/2020 registered at the Anthikkad Police Station for offences punishable under Sections 341, 323 r/w 34 of IPC. The petitioners in Criminal M.C.Nos.2918/2020 and 3048/2020 are the accused in Crime No.628/2020 registered at the Anthikkad Police Station for offences punishable under Sections 143, 147, 148, 448, 341, 323, 326 r/w 149 of IPC. Both crimes are based on an incident which had taken place on 25.04.2020. The _de facto_ complainants and the injured persons in both cases are arrayed as party respondents in the Criminal M.C.s. Affidavits have been filed by those respondents stating that the **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **==> picture [37 x 9] intentionally omitted <==** reason for the incident, which led to registration of the crime has been resolved amicably and 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. 3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavits filed by the party respondents in both cases, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and 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 **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **==> picture [37 x 9] intentionally omitted <==** Court in _**Madan Mohan Abbot v. State of Punjab**_ [(2008) 4 SCC 582] and _**Gian Singh v. State 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 FIR and the proceedings in Crime Nos.627/2020 and 628/2020 of Anthikkad Police Station are quashed. SB **Sd/V.G.ARUN JUDGE** **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **..9..** ## **APPENDIX OF Crl.MC 2972/2020** **PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 627/2020 OF ANTHIKKAD POLICE STATION ANNEXURE A2 TRUE COPY OF THE NAME ADDING REPORT FILED BY THE INVESTIGATION OFFICER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO 11, THRISSUR ANNEXURE A3 AFFIDAVIT SWORN IN BY RESPONDENT NO 2** **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **..10..** ## **APPENDIX OF Crl.MC 2918/2020** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1** **CERTIFIED COPY OF THE FIR IN CRIME NO. 628/2020 OF ANTHIKKAD POLICE STATION.** **ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO. 627/2020 OF ANTHIKKAD POLICE STATION. ANNEXURE A3 AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT. ANNEXURE A4 AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT. ANNEXURE A5 AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT. ANNEXURE A6 AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT.** **Crl.MC.2972/2020, Crl.MC.2918/2020, Crl.MC.3048/2020** **..11..** ## **APPENDIX OF Crl.MC 3048/2020** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1** **TRUE COPY OF THE FIR IN CRIME NO.628/2020 OF ANTHIKKAD POLICE STATION.** **ANNEXURE A2** **ANNEXURE A3 ANNEXURE A4 ANNEXURE A5** **ANNEXURE A6** **TRUE COPY OF THE FIR IN CRIME NO.627/2020 OF ANTHIKKAD POLICE STATION. AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT. AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT. AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT. AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT.**