High Court of KeralaSingle JudgeQuashed
Mohammed Roshan and others v. State of Kerala
Case / Petition Number:Crl.M.C.No.414 of 2021
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V.G. Arun
- Judgment Date
- 2021-02-26
- Court Decision / Holding
- The Crl.M.C. is allowed; the proceedings in S.C.No.151/2020 before the Assistant Sessions Court, Tirur, are quashed.
- Final Disposition
- Quashed
Parties to the Case
Appellants / Petitioners
- Mohammed Roshan
- Reny Shiyas
- Muhammed Afsal
- Mohammed Arshad
- Muhammed Rabeeh
- Muhammed Shibin
- Muhammed Saneen
- Sajad Ahammed
- Hrithik Ganesh K.
- Rahul A.
- Abhijith P.P.
- Nadheer Aziz
- Adithya S.Raj
Respondents
- State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
- Muhammed Zaman Zakher
- Mohammed Jumail Cholengal
- VySakh K.V.
- Lazim Muhammed
- Afnas K.P.
- Rishal V.
- Muhammed Siyad K.P.
- Shahees Usman
- Shinas M.
- Shahil Nuhman
- Muhammed Shahins ha Mubeen
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. Binish Mathew
Counsels for Respondents
- • M.K. MUFEED
- • Sri. M.K. MUFEED
Case Synopsis & Summary
The Kerala High Court, in Crl.M.C.No.414 of 2021, disposed of a petition seeking to quash proceedings arising from Crime No.252/2019 at Kuttipuram Police Station, registered for offences under IPC sections 143, 147, 148, 341, 323, 324, 326 and 308 read with 149. Thirteen petitioners—Mohammed Roshan, Reny Shiyas, Muhammed Afsal, Mohammed Arshad, Muhammed Rabeeh, Muhammed Shibin, Muhammed Saneen, Sajad Ahammed, Hrithik Ganesh K., Rahul A., Abhijith P.P., Nadheer Aziz, and Adithya S.Raj—filed the petition (Crl.M.C.No.414/2021) with the de facto complainant and other injured persons as respondents 2–12 asserting an amicable settlement and no subsisting grievance. The respondents supported settlement affidavits A5–A15, and the Public Prosecutor noted the petitioners’ lack of criminal antecedents. The court, after considering the gravity of the offences, injuries, and the true tenor of the affidavits, found that the dispute was settled and that continuing the proceedings would amount to abuse of process. Citing Madan Mohan Abbot v. State of Punjab (2008) 4 SCC 582 and Gian Singh v. State of Punjab (2012) 10 SCC 303, the court held there was no impediment to grant relief. Since some petitioners were law students, the possibility of conviction was remote, and public interest was not involved. The order, dated 26 February 2021, quashed S.C.No.151/2020. The decision reinforces that settlement can justify quashing criminal proceedings in appropriate cases, aligning with Supreme Court guidance.
Provisions of Law Cited
IPC 143IPC 147IPC 148IPC 341IPC 323IPC 324IPC 326IPC 308 r/w 149
Legal Doctrines & Maxims
- Abuse of process of the court
- Settlement between parties can justify quashing criminal proceedings (principle inferred from the cited authorities)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contended that the offences arose from a dispute settled amicably with the de facto complainant and injured parties, evidenced by affidavits from respondents 2–12; they urged quashing as there is no public interest in continuing the criminal proceedings and minimal likelihood of conviction given the settled state of affairs and the petitioners’ background.
Contentions of Respondents
The respondents’ position, reflected by the Public Prosecutor and the settlement affidavits, emphasized that there was a settled dispute with no ongoing grievance and that the petitioners had no prior criminal antecedents; they relied on the settled nature of the matter to support dismissal of the case.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Madan Mohan Abbot v. State of Punjab | (2008) 4 SCC 582 | Positive | Cited to support vacating proceedings where settlement exists and no public interest justifies continuation. |
| Gian Singh v. State of Punjab and another | (2012) 10 SCC 303 | Positive | Cited to endorse the principle that quashing can be permitted in settlement contexts with no public interest. |
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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 V.G.ARUN**
**FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942**
**Crl.MC.No.414 OF 2021(B)**
**SC 151/2020 OF ASSISTANT SESSIONS COURT, TIRUR**
**CRIME NO.252/2019 OF Kuttipuram Police Station , Malappuram**
**PETITIONER/S:**
|**1**|**MOHAMMED ROSHAN**|
|---|---|
||**AGED 23 YEARS**|
||**S/O.MUHAMMED BASHEER, MES ENGINEERING COLLEGE,**|
||**KUTTIPURAM, MALAPPURAM DISTRICT RESIDING AT**|
||**KARUVALLI PULLIKAL HOUSE, PATHIRICKAL VETTALLUR**|
||**P.O., PADAPARAMBU DISTRICT, PIN - 676 507.**|
|**2**|**RENY SHIYAS**|
||**AGED 22 YEARS**|
||**S/O.ABDUL GAFOOR, MES ENGINEERING COLLEGE,**|
||**KUTTIPURAM, MALAPPURAM DISTRICT, SENIL MANZIL,**|
||**CHULLIPARA P.O., KUTTIPURAM P.O., TIRUR ROAD,**|
||**MALAPPURAM DISTRICT, KERALA, PIN - 679 571.**|
|**3**|**MUHAMMED AFSAL**|
||**AGED 23 YEARS**|
||**S/O.ABOOBACKER, MES ENGINEERING COLLEGE,**|
||**KUTTIPURAM, MALAPPURAM DISTRICT,**|
||**VADAKKETHODUKAYIL HOUSE, MALAYAMMA P.O.,**|
||**VENNAKODE, KOZHIKODE DISTRICT, PIN - 673 601.**|
|**4**|**MOHAMMED ARSHAD**|
||**AGED 23 YEARS**|
||**S/O.AHAMMED KABIR, MES ENGINEERING COLLEGE,**|
||**KUTTIPURAM, MALAPPURAM DISTRICT, PUTHANPARAMBIL**|
||**HOUSE, ROSE LANE, THOTTAKATTUKARA P.O., ALUVA,**|
||**ERNAKULAM DISTRICT, KERALA, PIN - 683 108.**|
|**5**|**MUHAMMED RABEEH**|
||**AGED 23 YEARS**|
||**S/O.MUHAMMED ROUL, KUTTIPURAM, MALAPPURAM**|
||**DISTRICT, NADUVID PURAYIL, AL-RIUFA,**|
**Crl.M.C.No.414 of 2021**
2
**PANNIYANNUR P.O., PARAL, KANNUR DISTRICT, PIN - 670 671.**
- **6 MUHAMMED SHIBIN AGED 23 YEARS**
**S/O.ABDUL RAZAK, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM DISTRICT, OLAKARA HOUSE, KADANANGADI, THIRUNAVAYA P.O., MALAPPURAM DISTRICT, KERALA, PIN - 676 301.**
- **7 MUHAMMED SANEEN AGED 21 YEARS**
**S/O.MUHAMMED, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM DISTRICT, KUDATHIL MAILANJI HOUSE, PONMERI PARAMBIL P.O., VILYAMPALLI, VADAKARA, KOZHIKODE DISTRICT, KERALA, PIN - 673 542.**
- **8 SAJAD AHAMMED AGED 22 YEARS**
**S/O.ABDUL SALEEM, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM DISTRICT, SHANAS HOUSE, MADATHIPARAMBU, KOLATHARA P.O., KOZHIKODE DISTRICT, KERALA, PIN - 673 655.**
- **9 HRITHIK GANESH K. AGED 22 YEARS**
**S/O.ABDUL RAZAK, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM DISTRICT, CHANDRAKANTHAM, CHERUVANNUR, P.O.FEROKE, KOZHIKODE DISTRICT, KERALA, PIN - 673 631.**
## **10 RAHUL A. AGED 22 YEARS**
**S/O.SURENDRAN, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM DISTRICT, KARATTUVELLADU HOUSE, KADANANGADI, VETTICHIRA P.O., KURUMBANNUR, MALAPPURAM DISTRICT, KERALA, PIN - 676 552.**
- **11 ABHIJITH P.P. AGED 23 YEARS**
**Crl.M.C.No.414 of 2021**
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**S/O.APPUKUTTAN, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM DISTRICT, PLIKKAPANDARATHU HOUSE, CHEMBRA P.O., PALAKKAD DISTRICT, KERALA, PIN - 679 304.**
- **12 NADHEER AZIZ AGED 23 YEARS S/O.ABDUL RAZAK, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM DISTRICT, NARIKOTTUMMAL HOUSE, PERAMBRA P.O., KOZHIKODE DISTRICT, KERALA, PIN - 673 526.**
- **13 ADITHYA S.RAJ AGED 24 YEARS S/O.SELVARAJAN, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM DISTRICT, VRINDAVAN HOUSE TUVVUR P.O., MALAPPURAM DISTRICT, KERALA, PIN - 679 327.**
## **BY ADV. SRI.BINISH MATHEW**
## **RESPONDENT/S:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.**
- **2 MUHAMMED ZAMAN ZAKHER S/O.ABDUL RASHEED, AGED 23 YEARS, RESIDING AT KIZHAKKOOT VALAPPIL HOUSE, MOOKKUTHALA P.O., CHANGARAMKULAM, PIN - 679 574, MALAPPURAM DISTRICT.**
- **3 MOHAMMED JUMAIL CHOLENGAL S/O.IBRAHIM, AGED 23 YEARS, RESIDING AT CHOLENGAL HOUSE, PONMUNDAM P.O., PIN - 676 106, MALAPPURAM DISTRICT.**
- **4 VYSAKH K.V. S/O.SUBRAMANIAN, AGED 21 YEARS, RESIDING AT KOORADA VEETIL HOUSE, THRIKKANNAPURAM P.O., PIN - 679 573, MALAPPURAM DISTRICT.**
**Crl.M.C.No.414 of 2021**
4
- **5 LAZIM MUHAMMED**
- **S/O.MUHAMMED ASHRAF, AGED 22 YEARS, RESIDING AT VELLILAKKAD HOUSE, TIRURANGADI P.O., PIN - 676 306, MALAPPURAM DISTRICT.**
- **6 AFNAS K.P. S/O.ABDUL NASAR, AGED 21 YEARS, RESIDING AT AKKARATHODUVIL HOUSE, AMAYOOR P.O., PIN - 676 123, PALAKKAD DISTRICT.**
- **7 RISHAL V. S/O.SUBAIR, AGED 21 YEARS, RESIDING AT VAZHANGAL HOUSE, VALAMBOOR P.O., PIN - 679 325, MALAPPURAM DISTRICT.**
- **8 MUHAMMED SIYAD K.P. S/O.MUHAMMED SHAREEF, AGED 21 YEARS, RESIDING AT KOOTTALOOR PARI HOUSE, CHEMMAD, THIROORANGADI P.O., PIN - 676 306, MALAPPURAM DISTRICT.**
- **9 SHAHEES USMAN S/O.USMAN, AGED 21 YEARS, RESIDING AT PARAMBATH HOUSE, CHUNGAM, THANALOOR P.O., TIRUR, PIN - 676 307, MALAPPURAM DISTRICT.**
- **10 SHINAS M. S/O.NOUSHAD, AGED 22 YEARS, RESIDING AT MANAKKADAVATH HOUSE, KOLLANNOOR, ERAVAKKAD P.O., PIN - 679 552, PALAKKAD DISTRICT.**
- **11 SHAHIL NUHMAN S/O.MOIDEEN, AGED 23 YEARS, RESIDING AT AYISHA MANZIL, KONDOTTY P.O., PIN - 673 638, MALAPPURAM DISTRICT.**
- **12 MUHAMMED SHAHINSHA MUBEEN S/O.MOIDEEN, AGED 22 YEARS, RESIDING AT AMEKKALA HOUSE, PERLA P.O., PIN - 671 552, KASARAGOD DISTRICT.**
**Crl.M.C.No.414 of 2021**
5
**R2 BY ADV. M.K.MUFEED R3-12 BY ADV. SRI.M.K.MUFEED**
**OTHER PRESENT:**
## **PP M.R.DHANIL**
**THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**Crl.M.C.No.414 of 2021**
6
## **ORDER**
Dated this the 26[th] day of February **,** 2021
**Petitioners are the accused in Crime No.252 of 2019 registered at the Kuttipuram Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 308 r/w 149 of IPC, now pending as S.C.No.151 of 2020 on the files of the Assistant Sessions Court, Tirur. The** _**de facto**_ **complainant and the other injured persons are arrayed as respondents 2 to 12. Annexures A5 to A15 affidavits have been filed by respondents 2 to 12 stating that the dispute which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.**
**2. Heard the learned Public Prosecutor also,**
**Crl.M.C.No.414 of 2021**
7
**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 affidavit filed by respondents 2 to 12, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. The fact that the petitioners and respondents 3 and 4 were law students is also taken into consideration. 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 Court in** _**Madan Mohan Abbot v. State of Punjab**_ **[(2008) 4 SCC 582] and** _**Gian**_
**Crl.M.C.No.414 of 2021**
8
_**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 proceedings in S.C.No.151 of 2020 on the files of the Assistant Sessions Court, Tirur, is quashed.**
**Sd/V.G.ARUN JUDGE**
Scl/26.02.2021
**Crl.M.C.No.414 of 2021**
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## **APPENDIX**
## **PETITIONER'S/S EXHIBITS:**
## **ANNEXURE A1**
**THE CERTIFIED COPY OF THE FIR IN S.C.NO.151/2020 ON THE FILES OF HONOURABLE ASSISTANT SESSIONS COURT, TIRUR.**
**ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN S.C.NO.151/2020 ON THE FILES OF HONORABLE ASSISTANT SESSIONS COURT, TIRUR.**
**ANNEXURE A3 THE CERTIFIED COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE IN S.C.NO.151/2020 ON THE FILES OF HONOURABLE ASSISTANT SESSIONS COURT, TIRUR.**
**ANNEXURE A4 THE CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE IN S.C.NO.151/2020 ON THE FILES OF HONOURABLE ASSISTANT SESSIONS COURT, TIRUR.**
**ANNEXURE A5 THE ORIGINAL OF THE AFFIDAVIT BY THE 2ND RESPONDENT.**
**ANNEXURE A6 THE ORIGINAL OF THE AFFIDAVIT BY THE 3RD RESPONDENT.**
**ANNEXURE A7 THE ORIGINAL OF THE AFFIDAVIT BY THE 4TH RESPONDENT. ANNEXURE A8 THE ORIGINAL OF THE AFFIDAVIT BY THE 5TH RESPONDENT.**
**Crl.M.C.No.414 of 2021**
10
|**ANNEXURE A9**|**THE ORIGINAL OF THE AFFIDAVIT BY THE**|
|---|---|
||**6TH RESPONDENT.**|
|**ANNEXURE A10**|**THE ORIGINAL OF THE AFFIDAVIT BY THE**|
||**7TH RESPONDENT.**|
|**ANNEXURE A11**|**THE ORIGINAL OF THE AFFIDAVIT BY THE**|
||**8TH RESPONDENT.**|
|**ANNEXURE A12**|**THE ORIGINAL OF THE AFFIDAVIT BY THE**|
||**9TH RESPONDENT.**|
|**ANNEXURE A13**|**THE ORIGINAL OF THE AFFIDAVIT BY THE**|
||**10TH RESPONDENT.**|
|**ANNEXURE A14**|**THE ORIGINAL OF THE AFFIDAVIT BY THE**|
||**11TH RESPONDENT.**|
|**ANNEXURE A15**|**THE ORIGINAL OF THE AFFIDAVIT BY THE**|
||**12TH RESPONDENT.**|