High Court of KeralaSingle JudgeQuashed

M.T.P. Ashraf and others v. State of Kerala and Others

Case / Petition Number:Crl.M.C.No.2178 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Ziyad Rahman A.A.
Judgment Date
2022-06-06
Court Decision / Holding
The Crl.M.C. is allowed; Annexure-A2 final report in Crime No.1109/2020 and all further proceedings in CC No.307/2021 against the petitioners are quashed.
Final Disposition
Quashed

Parties to the Case

Appellants / Petitioners

  • M.T.P. Ashraf
  • Nishad Rahman
  • Shamseer Kuruvattee Purayil
  • Nareekodan Rasheed
  • Sharafudheen.K.V.
  • Muhamed Rafeek.A.
  • Shoukathali.K.M.

Respondents

  • State of Kerala, Public Prosecutor
  • Mukundan K
  • Naveen P.V.
  • Athul N.
  • Lijeesh K.
  • Latheesh V.P.
  • Vasu @ Bhaskaran K.V.

Legal Representation & Advocates

Counsels for Petitioners

  • • M. Anuroop

Counsels for Respondents

  • • M.P. Prasanth (Public Prosecutor)
  • • Shiju Puthiya Purayil

Case Synopsis & Summary

This petition under section 482 Cr.P.C. challenges the continuance of criminal proceedings arising from Payyanur Police Station Crime No.1109/2020, now CC 307/2021 before the Judicial First Class Magistrate, Payyanur. The seven petitioners are accused in a dispute between rival factions, alleged to have restrained respondents and attacked them with deadly weapons, with resulting property damage to motorcycles amounting to Rs. 71,500. The FIR (Annexure-A1) and the final report (Annexure-A2) are before the Court, and Annexures A3–A8 comprise affidavits by respondents 2–7 acknowledging the settlement and seeking quashing. The Station House Officer has verified the settlement as genuine, and the State Public Prosecutor along with counsel for respondents 2–7 confirm the private nature of the dispute and the genuineness of the settlement. Relying on Gian Singh v. State of Punjab and Another (2012) 10 SCC 303, the petition argues that the inherent powers under Section 482 Cr.P.C. permit quashing where continued prosecution would serve no fruitful purpose in a private dispute. The High Court, after considering the affidavits and verified settlement, holds that the dispute is private, there is no public interest to be served, and accordingly allows the Crl.M.C. and quashes the final report and all further proceedings in CC 307/2021 against the petitioners.

Provisions of Law Cited

Sections 143, 147, 148 read with 149 IPCSection 3 and 5 of the Prevention of Damaging to Private Property Act

Legal Doctrines & Maxims

  • Gian Singh v. State of Punjab and Another (2012) 10 SCC 303

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the dispute among the parties is purely private and has been resolved by a genuine settlement. Annexures A3–A8 are affidavits by respondents 2–7 acknowledging the settlement and not objecting to quashing. The SHO has verified the settlement as genuine. Relying on Gian Singh, they submit that the court should exercise its power under Section 482 Cr.P.C. to quash since continuing the prosecution would be futile in a private dispute. They emphasize that the offences alleged are essentially private in nature (IPC sections 143, 147, 148 read with 149 and Sections 3 and 5 of the Private Property Damaging Act) and that the settlement obviates public interest concerns and prevents harassment, thereby conserving judicial resources.

Contentions of Respondents

Respondents 2–7, through their counsel, confirm the settlement and do not oppose quashing; the State’s Public Prosecutor also indicates verification by the SHO and does not object to termination of proceedings. The respondents argue that the dispute is private and the settlement reflects the parties’ resolve, aligning with the Gian Singh principle that quashing is permissible where continued prosecution would serve no public interest. The aim is to avoid fruitless litigation and harassment, while recognizing that the settlement should be given effect in order to maintain peace and prevent further confrontation.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab and Another(2012) 10 SCC 303PositiveCited as the controlling principle for quashing criminal proceedings in private-dispute scenarios where a genuine settlement exists; the principle is applied to exercise the inherent power under 482 Cr.P.C.

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Extracted Judgment Text

Exact text extracted from official judgment records.

Crl.M.C.No.2178/2022 1 # _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A._ _MONDAY, THE 6[TH] DAY OF JUNE 2022 / 16TH JYAISHTA, 1944_ _CRL.MC NO. 2178 OF 2022_ ## _PETITIONER/S:_ _1 M.T.P. ASHRAF, AGED 51 YEARS, S/O.MUHAMMED K.K, .M.T.P. HOUSE, ANGADI, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309. 2 NISHAD RAHMAN, AGED 21 YEARS, S/O.NOUSHAD, S.K.P. HOUSE, KOYAPPARA, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309. 3 SHAMSEER KURUVATTE PURAYIL, AGED 39 YEARS, S/O.MUHAMMED, K.P. HOUSE, ANGADI, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309. 4 NAREEKODAN RASHEED, AGED 55 YEARS, S/O.IBRAHIM, NAREEKODAN HOUSE, KOYAPPARA, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309. 5 SHARAFUDHEEN.K.V., AGED 46 YEARS, S/O.ABDUL KAREEM.K.P, KOVVAYIKARIYATH HOUSE, ANGADI, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309. 6 MUHAMED RAFEEK.A., AGED 43 YEARS, S/O.T.P.HAMSA, ARODIYIL HOUSE NOW RESIDING AT KOYAPPARA, KUNHIMANGALAM, PAYYANUR,_ Crl.M.C.No.2178/2022 2 _KANNUR DISTRICT, PIN – 670 309._ _7 SHOUKATHALI.K.M., AGED 48 YEARS, S/O.UMMER.N.K.M, NEAR ST. MAICHLES CHURCH, KOVVAPURAM, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309._ _BY ADV M.ANUROOP_ ## _RESPONDENT:_ - _1 STATE OF KERALA, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031._ _2 MUKUNDAN.K, AGED 58 YEARS, S/O.KUMARAN, KOYAKKEEL HOUSE, KUNHIMANGALAM VILLAGE, PANACHIRA, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309._ _3 NAVEEN.P.V., AGED 24 YEARS, S/O.NANDANAN.P.V, PUTHIYA VEETTIL HOUSE, KUNHIMANGALAM, PANACHIRA, PAYYANUR, KANNUR DISTRICT, PIN – 670 309._ _4 ATHUL.N., AGED 26 YEARS, S/O.MOHANAN.O.K, O.K. HOUSE, KUNHIMANGALAM, PANACHIRA, PAYYANUR, KANNUR DISTRICT, PIN - 670309_ _5 LIJEESH.K., AGED 35 YEARS, S/O.K.KRISHNAN, KALASAKKARAN HOUSE, MALLIYOTT, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309._ _6 LATHEESH.V.P., AGED 34 YEARS,_ Crl.M.C.No.2178/2022 3 _S/O.LAKSHMANAN, VADAKKE PURAYIL HOUSE, PANACHIRA, KUNHIMANGALAM, PAYYANUR, KANNUR DISTRICT, PIN – 670 309._ - _7 VASU @ BHASKARAN K. V., AGED 66 YEARS, S/O.KUNHIKANNAN, KOLUVEETTIL HOUSE, KUNHIMANGALAM ANSOM, THEKKUMBAD, KANNUR DISTRICT, PIN – 670 309._ _BY ADV SHIJU PUTHIYA PURAYIL_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.No.2178/2022 4 ## **O R D E R** The petitioners are the accused Nos.1 to 5 in Crime No.1109 of 2020 of Payyannur Police Station, which is now pending as C.C.No.307 of 2021 before the Judicial First Class Magistrate Court, Payyannur. The offences alleged against the petitioners are under Sections 143, 147, 148 read with 149 IPC and also offence under Section 3 and 5 of Prevention of Damaging to Private Property Act. 2. The prosecution case is that, on 14.12.2020 at 19.15 hours, due to political rivalry, the petitioners wrongfully restrained the respondents and attacked them with deadly weapons. It was also alleged that the petitioners have caused damages to the motorcycles belong to respondents 3 to 7 and thereby caused damage to the tune of Rs.71,500/- (Rupees seventy one thousand five hundred only). Annexure-A1 is the FIR and Annexure-A2 is the final report submitted in this case. In connection with the very same incident, Crime No.1108 of 2020 was also registered on the basis of complaint submitted by the rival factions of the petitioners herein. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2. 5 Crl.M.C.No.2178/2022 3. Heard Sri.Syam Nair, learned counsel for the petitioner, Sri.M.P.Prasanth, learned Public Prosecutor for the State and Sri,Shiju Puthiyapyrayil, learned counsel for the respondents 2 to 7. 4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexures-A3 to A8 affidavits sworn by the respondents 2 to 7 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the respondents 2 to 7 had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 2 to 7 also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine. 5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in **Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303]** , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to Crl.M.C.No.2178/2022 6 continue. In the result, this Crl.M.C. is allowed, and Annexure-A2 final report submitted in crime No.1109 of 2020 of Payyannur Police Station and all further proceedings in C.C.No.307 of 2021 on the file of the Judicial First Class Magistrate Court, Payyannur, against the petitioners are hereby quashed. _Sd/-_ **ZIYAD RAHMAN A.A. JUDGE** DG/8.6.22 Crl.M.C.No.2178/2022 7 ## _APPENDIX OF CRL.MC 2178/2022_ ## _PETITIONER ANNEXURES_ |_Annexure1_|_A CETIFIED COPY OF THE FIR & FIS IN CRIME_| |---|---| ||_NO. 1109/2020 OF PAYYANUR POLICE STATION_| ||_DATED 15-12-2020_| |_Annexure2_|_A CERTIFIED COPY OF THE FINAL REPORT IN_| ||_CRIME NO. 1109/2020 OF PAYYANUR POLICE_| ||_STATION DATED 12-02-2021_| |_Annexure3_|_AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED_| ||_23-03-2022_| |_Annexure4_|_AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED_| ||_23-03-2022_| |_Annexure5_|_AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED_| ||_23-03-2022_| |_Annexure6_|_AFFIDAVIT SWORN BY THE 5TH RESPONDENT DATED_| ||_23-03-2022_| |_Annexure7_|_AFFIDAVIT SWORN BY THE 6TH RESPONDENT DATED_| ||_23-03-2022_| |_Annexure8_|_AFFIDAVIT SWORN BY THE 7TH RESPONDENT DATED_| ||_23-03-2022._| Crl.M.C.No.2178/2022 8