High Court of KeralaSingle JudgePetition allowed; proceedings in CC 402/2016 (c...

Kishore and Others v. State of Kerala and Geethakrishnan

Case / Petition Number:Crl.M.C. No. 6331 of 2016

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V.
Judgment Date
2016-09-29
Court Decision / Holding
The petition under Section 482 CrPC is allowed. The proceedings in C.C. No. 402/2016 (as corrected to C.C. No. 462 of 2016) before the Judicial First Class Magistrate, Chavara, are quashed, and the final report/charges against the petitioners are set aside. The court noted that the offences are not grave, the private settlement exists, and continued proceedings would be oppressive and unlikely to result in conviction, thus justifying exercise of extraordinary jurisdiction.
Final Disposition
Petition allowed; proceedings in CC 402/2016 (corrected to CC 462/2016) quashed.

Parties to the Case

Appellants / Petitioners

  • Kishore
  • Dinesh G.
  • Prajith P. @ Appunni
  • Nikhil S. @ Unni
  • Ajithkumar G.V. @ Aji

Respondents

  • State of Kerala represented by the Sub Inspector of Police, Chavara Police Station, Kollam
  • Geethakrishnan

Legal Representation & Advocates

Counsels for Petitioners

  • • G. Sreekumar (Chelur)
  • • K.R. Arun Krishnan

Counsels for Respondents

  • • N.L. Bitto
  • • Public Prosecutor, Amjad Ali

Case Synopsis & Summary

This is a criminal miscellaneous petition under Section 482 CrPC filed by five petitioners — Kishore, Dinesh G., Prajith P. @ Appunni, Nikhil S. @ Unni and Ajithkumar G.V. @ Aji — challenging the continuation of proceedings in C.C. No. 402/2016 before the Judicial First Class Magistrate, Chavara, arising from Crime No. 752/2016 of Chavara Police Station. The petition seeks to quash the proceedings for offences punishable under Sections 143, 147, 148, 323, and 324 read with Section 149 IPC. The second respondent, Geethakrishnan, has sworn an affidavit stating no subsisting grievance and expressing a desire not to press the matter further, while the petitioners contend that a settlement between the parties has been reached. The Public Prosecutor opposed unconditional quashing, though indicated no other pending cases against the petitioners. The court cites Gian Singh v. State of Punjab and Another (2012) to elucidate the scope of its inherent power under Section 482 CrPC — including quashing on the basis of private settlements in offences of a predominantly civil or private character, while noting it does not apply to crimes against society. It also references Narinder Singh v. State of Punjab and Rajesh Kamath J. v. Mohana Kurup to reinforce these guidelines. Having weighed the nature of the offence and the private settlement, the court held that continuing proceedings would be oppressive and remote to conviction. The petition was allowed, and Annexure-II final report and all proceedings in CC 402/2016 were quashed. A subsequent order corrected the lower court case number (C.C. No. 462 of 2016).

Provisions of Law Cited

Section 482, Code of Criminal Procedure (CrPC)Sections 143, 147, 148, 323, 324 read with Section 149, IPC

Legal Doctrines & Maxims

  • Settlement between private parties as a basis for quashing under 482 CrPC
  • Compromise between offender and victim as an enabling doctrine for quashing
  • Not extending to crimes against society (scope limitation)
  • Gian Singh doctrine: power under 482 can be exercised in cases with private/civil flavour
  • Overwhelming and predominating civil flavour principle from Gian Singh
  • Narinder Singh and Rajesh Kamath J. authorities providing guidelines for exercise of 482 in such contexts

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contended that a settlement has been reached between the parties and the 2nd respondent has stated no grievance and does not wish to continue with the proceedings. They argued that Section 482 CrPC confers wide, discretionary power on the High Court to quash criminal proceedings where the dispute has a private or civil flavour, and that continuing the case would cause oppression, unnecessary harassment, and futile expenditure of time and resources since conviction is unlikely in the context of a private settlement. The petition cited the settlement as a basis to exercise extraordinary jurisdiction to ensure justice and end the dispute amicably without further civil or criminal litigation.

Contentions of Respondents

The respondents submitted that while Section 482 CrPC grants wide powers, quashing should not be routine, especially in cases involving offences against the public or society. They emphasized caution in using the power, highlighting the need to ensure that quashing would not undermine public interest or the safety of the community. While acknowledging the private settlement and lack of ongoing grievance from the complainant, they insisted that the court should rely on established precedents and guidelines (Gian Singh, Narinder Singh, Rajesh Kamath J.) in determining whether quashing is appropriate in a case with potential public-law implications.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab and Another2012 (10) SCC 303PositiveCited to support the proposition that 482 CrPC powers extend to cases with private settlements and civil flavour, not limited to Section 320 proceedings.
Narinder Singh v. State of Punjab2014 (6) SCC 466PositiveReferenced for guidelines issued by the Supreme Court on exercise of 482 CrPC in such circumstances.
Rajesh Kamath J. and Others v. Mohana Kurup and OthersAIR 2016 SC 2452PositiveCited to reinforce contemporary guidelines for using 482 CrPC in private settlement contexts.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** ## **THURSDAY, THE 29TH DAY OF SEPTEMBER 2016/7TH ASWINA, 1938** **Crl.MC.No. 6331 of 2016 ()** ## **---------------------------** ## **AGAINST THE ORDER/JUDGMENT IN CC 402/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA DATED CRIME NO. 752/2016 OF CHAVARA POLICE STATION , KOLLAM** **PETITIONER(S):** **-------------** ## **1. KISHORE** **AGED 25, S/O. OMANAKKUTTAN V.E., VIJAYABHAVANAM, KULANGARA BHAGAM, CHAVARA, KOLLAM DISTRICT.** ## **2. DINESH G.** **AGED 29, S/O. GOPINATHAN PILLAI, CHENNATTU VEEDU, CHAVARA VILLAGE, KARUNAGAPPILLY TALUK, KOLLAM.** **3. PRAJITH P. @ APPUNNI,** **AGED 30, S/O. PARAMASIVAN PILLAI, CHANDRALAYAM, CHAVARA, KARUNAGAPILLY TALUK.** **4. NIKHIL S. @ UNNI, AGED 30, S/O. SADANANTHAN, VIGNAM THARAYIL, PUTHENTHURA, NEENDAKARA VILLAGE, KARUNAGAPILLY TALUK, KOLLAM,** **5. AJITHKUMAR G.V. @ AJI,** - **AGED 37, S/O. GOPALAKRISHNAN, GOKULAM, KOLLAM MUI, PANMANA VILLAGE, KARUNAGAPPILLY THALUK,** - **KOLLAM.** **BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN** **CONTD....** **:2:** **Crl.MC.No. 6331 of 2016 ()** ## **---------------------------** ## **RESPONDENT(S):** ## **--------------** ## **1. STATE OF KERALA** - **REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM PIN- 682031.** ## **2. GEETHAKRISHNAN,** **AGED 35, S/O. PACHANPILLAI, SRUTHILAYAM VEEDU, KULANGARA BHAGAM MURI, CHAVARA VILLAGE, KOLLAM DISTRICT- PIN- 673 001.** **R2 BY ADV. SRI.N.L.BITTO** **R BY PUBLIC PROSECUTOR, SRI.AMJAD ALI** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **CONTD...** **==> picture [22 x 9] intentionally omitted <==** ## **Crl.MC.No. 6331 of 2016 () ---------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **-----------------------** **ANNEXURE I A TRUE COPY OF THE FIR IN CRIME NO 752 OF 2016 OF CHAVARA POLICE STATION DATED 26.04.2016** **ANNEXURE II A TRUE COPY OF THE FINAL REPORT IN CC NO. 402/2016 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA DATED 08.06.2016.** **ANNEXURE III AN ORIGINAL OF THE AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT/2ND RESPONDENT DATED 20.09.2016.** **ANNEXURE IV A TRUE COPY OF THE CALL LETTER AND FURTHER COMMUNICATION ISSUED BY THE APPOINTMENT AUTHORITY DATED 13.07.2016.** **RESPONDENT(S)' EXHIBITS : NIL** **-----------------------** ## **//TRUE COPY//** **P.A. TO JUDGE** **SKS** ## **RAJA VIJAYARAGHAVAN.V., J** - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 6331 of 2016 - - - - - - - - - - - - - - - - Dated 29[th] September, 2016 - - - - - - - - - - - - - - - - - - - - - - - - ## **ORDER** - 1.This petition under Section 482 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioners herein for quashing the proceedings pending against them as C.C.No.402 of 2016 on the file of Judicial First Class Magistrate, Chavara. In the said case, they stand indicted for offences punishable under Sections 143, 147, 148, 323, 324 read with Section 149 of the IPC. - 2.The prosecution allegation is that on 25.03.2016 at about - 4.00 p.m., the petitioners formed themselves into an unlawful assembly and in furtherance of their common object, attacked the 2[nd] respondent with weapons and caused injuries. - 3.The 2[nd] respondent has entered appearance through his counsel and has filed Annexure-III affidavit wherein he Crl.M.C. No. 6331 of 2016 2 has stated that he has no subsisting grievance against them. He asserts in the affidavit that he does not wish that the criminal proceedings against the petitioners should continue. - 4.The learned counsel appearing for the petitioners submits that in view of the settlement arrived at between the parties, this Court will be justified in quashing the proceedings. - 5.The learned Public Prosecutor after getting instructions has expressed his reservations in the matter of quashing the proceedings on the basis of settlement. It is submitted that the invocation of powers under Section 482 of the Code in a case of this nature is not warranted. However, it is submitted that no other cases are reported against the petitioners. ## 6.In **Gian Singh v. State of Punjab and Another** [2012 - (10)SCC 303], the Apex Court has crystalised the position in respect of the powers vested in the High Court under Crl.M.C. No. 6331 of 2016 3 S.482 of the Criminal Procedure Code, to quash criminal proceedings. It was held that the power vested in the High Court under Section 482 of the Criminal Procedure Code, is not limited to quashing proceedings within the ambit and scope of Section 320 of the Criminal Procedure Code. The three - Judge Bench in the above case, clearly expounded, that quashing of criminal proceedings under S.482 of the Criminal Procedure Code, could also be based on settlements between private parties, and could also on a compromise between the offender and the victim. Only that, the above power did not extend to crimes against the society. It is also relevant to mention, that the jurisdiction vested in the High Court under Section 482 of the Criminal Procedure Code, for quashing criminal proceedings, was held to be exercisable in criminal cases having an overwhelming and predominatingly civil flavour, particularly offences arising from commercial, financial, mercantile, civil, partnership, or such like transactions. Or Crl.M.C. No. 6331 of 2016 4 even offences arising out of matrimony relating to dowry etc. or family disputes where the wrong is basically private or personal. In all such cases, the parties should have resolved their entire dispute by themselves, mutually. Further, guidelines were issued by the Apex Court in **Narinder Singh v. State of Punjab** [2014 (6) SCC 466] and recently in **Rajesh Kamath J. and Others v. Mohana Kurup and Others** [AIR 2016 SC 2452]. 7.I have considered the rival submissions and I have gone through the materials on record. The offence committed by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society. More over, when the respondent No.2 has settled the matter, the possibility of conviction is remote and bleak and the continuation of the criminal case against the petitioners would be a futile Crl.M.C. No. 6331 of 2016 5 exercise. It would also put the petitioners and the 2[nd] respondent to great oppression and prejudice. 8.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings. In the result, the petition will stand allowed and Annexure-II, final report and all proceedings as against the petitioners in C.C. No. 402 of 2016 on the file of Judicial First Class Magistrate, Chavara shall stand quashed. Sd/- **RAJA VIJAYARAGHAVAN.V., JUDGE** ## SKS The Lower Court case number “C.C. No. 402 of 2016” of the Judicial First Class Magistrate Court, Chavara” occurring in the 4[th] line of 1[st] paragraph at page no. 1 and 3[rd] line of the operative portion at page no.5 stands corrected as “C.C.No. 462 of 2016” of the Judicial First Class Magistrate Court, Chavara as per order dated 02.12.2016 in Crl.M.A. No. 12704/2016 in Crl.M.C. No. 6331/2016. sd/Registrar Judicial