Muhammed Nazim K.S. and others v. State of Kerala and others

Crl.M.C.No.5136/22 1 # _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A._ _FRIDAY, THE 19[TH] DAY OF AUGUST 2022 / 28TH SRAVANA, 1944_ _CRL.MC NO. 5136 OF 2022_ _CRIME NO.139/2020 OF Ernakulam Central Police Station,_ _Ernakulam_ _AGAINST THE ORDER/JUDGMENTSC 491/2021 OF II ADDITIONAL SUB COURT, ERNAKULAM_ ## _PETITIONERS/ACCUSED:_ _1 MUHAMMED NAZIM K.S., AGED 25 YEARS, FLAT NO.8A, RIVERSIDE RESIDENCY, NORTH KALAMASSERY, ERNAKULAM DISTRICT, PIN – 683 104. 2 ABHILASH K.P., AGED 25 YEARS, S/O.MURALEEDHARAN, THALIYAN VEETIL (H), NEDIYANGA P.O, SREEKANDAPURAM, KANNUR, PIN – 670 631. 3 BREEJITH RAJ R, AGED 22 YEARS, THONDUVILA PUTHANVEED (H), KAITHOTTUKONAM, BALARAMAPURAM P.O THIRUVANANTHAPURAM DISTRICT, PIN – 695 501. 4 ABEL JOY, AGED 20 YEARS, VELLANJIYIL (H), PULLUVAZHY P.O, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN – 683 541. 5 ASHIK C.M., AGED 25 YEARS, CHERUPULI (H), NELLIKUZHY P.O, COMPANIPADY, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN – 686 691._ Crl.M.C.No.5136/22 2 _6 SIDHARTH T., AGED 27 YEARS, MELE PALEKODE HOUSE, MORAYUR P.O, MALAPPURAM DISTRICT, PIN – 673 642._ _7 RAMEEZ M. AZEEZ, AGED 25 YEARS, MUNDACKAL (H), VATTAKATTUPADY, M.C ROAD, PERUMBAVOOR P.O, ERNAKULAM DISTRICT, PIN – 683 542._ _8 JERRY THOMAS, AGED 22 YEARS, CHIRAMUGATH (H), KULATHADA, POROOR P.O, MANANTHAVADY, WAYANAD DISTRICT, PIN – 670 644._ _9 GOKUL GOPI, AGED 25 YEARS, MANIYAMPURATH (H), PANCODE P.O, VADAVUCODE, KADAYIRUPPU, ERNAKULAM DISTRICT - 682 310._ _10 DEVANARAYANAN R., AGED 22 YEARS, HARICHANDANAM (H), NORTH GATE, VAIKOM P.O, KOTTAYAM DISTRICT -, PIN – 686 141._ _11 GAUTHAM ANIL, AGED 25 YEARS, LEKSHMY VILAS (H), KAITHA SOUTH, CHETTIKULANGARA P.O, MAVELIKKARA, ALAPPUZHA DISTRICT - 690 106._ _BY ADVS. P.K.VARGHESE M.T.SAMEER P.S.ANISHAD K.R.ARUN KRISHNAN JERRY MATHEW REGHU SREEDHARAN_ ## _RESPONDENTS/STATE & DE FACTO COMPLAINANTS:_ _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031._ Crl.M.C.No.5136/22 3 - _2 JAIN JAISON MATHEW, AGED 24 YEARS, POTTAKKAL VEETIL, MEENKUNNAM KARA, MAARADI VILLAGE, MUVATTPUZHA, ERNAKULAM, PIN – 682 037._ _3 ROHIT S, AGED 24 YEARS, THOOMPUNKAL HOUSE, PALLURUTHY NADA, KOCHI, PIN – 682 006._ - _4 ANTONY THOMAS, AGED 24 YEARS, KALAYIL HOUSE, VELLASSERY, KADUTHURUTHY P.O, KOTTAYAM, PIN – 686 604._ _5 ROY ANTONY, AGED 24 YEARS, THEKKANATH HOUSE, KIZHUPPILLIKARA P.O, THRISSUR, PIN – 680 702._ _6 AZIF T ZIYAD, AGED 21 YEARS, THEKKEPALLIKKAL HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR P.O, ERNAKULAM, PIN – 682 027._ _7 HADI HASAN K T, AGED 22 YEARS, KANHIRATHODI HOUSE, CHENNAMANGALLUR P.O, MUKKAM, KOZHIKODE, PIN – 673 602._ _8 BHARAT VIJAYAN UR, AGED 22 YEARS, SANTHI SADANAM, KIZHAKKEKARA, KOTTARAKKARA, PIN – 691 506._ _9 HAFEEZ MUHAMMED, AGED 24 YEARS, ELAMANA HOUSE, KAPRASSERY, NEDUMBASSERY P.O, ALUVA, ERNAKULAM, PIN – 683 585._ _10 AAKHIL MOHAMMED, AGED 22 YEARS,_ _A-58, GIRINAGAR, NORTH KADAVANTHRA P.O,_ Crl.M.C.No.5136/22 4 _COCHIN, PIN – 682 020._ _11 DENNY SHAJI, AGED 22 YEARS, PUTHENVEETIL, NALKALIKKAL P.O, KIDANGANNUR, PATHANAMTHITTA- 689 533._ _12 MEHNAZ P MOHAMMED, AGED 22 YEARS, PAYIKKATTU HOUSE, KUTHIATHODE P.O, CHERTHALA, ALAPPUZHA, PIN – 688 533._ _13 APARNA SHAJI, AGED 22 YEARS, KUNNATHU HOUSE, ALLAPRA P.O, PERUMBAVOOR, ERNAKULAM, PIN – 683 556._ _BY ADVS. SRI.M.P.PRASANTH, PUBLIC PROSECUTOR R.ROHITH_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.No.5136/22 5 ## **O R D E R** Petitioners are the accused in Crime No.139 of 2020 of Central Police Station, Ernakulam, which is now pending as S.C.No.491 of 2021 before the 2[nd] Additional Assistant Sessions Court, Ernakulam. Offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 325, 326. 308 read with Section 149 of IPC. 2. The prosecution case is that on 14.02.2020 at 1.30 pm, the petitioners, who are the students of Government Law College, Ernakulam, and were members of SFI, formed themselves into unlawful assembly and attacked the respondents 2 to 13 who were the member of the rival political party. Annexure-A1 is the final report submitted by the Police and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto. 3. Heard Sri.P.K.Varghese, learned counsel for the petitioners, Sri.M.P.Prasanth, learned Public Prosecutor for the State and Sri.R.Rohith, learned counsel for the respondents 2 to 13. 4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-2 to Annexure-13 affidavits sworn by the respondents 2 to Crl.M.C.No.5136/22 6 13 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, respondents 2 to 13 have specifically acknowledged the aforesaid settlement and also conveyed the noobjection to quash the proceedings against the petitioners herein. The learned counsel appearing for respondents 2 to 13 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 of Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue. 6. It is true that, some of the offences are under Section 326 and 308 of IPC. However, it is discernible from the records that in respect of the very same incident, another crime was registered as Crime No.140 of 2020, which is now pending as C.C.No.18 of 2022 on the file of the Chief Judicial Magistrate Court, Crl.M.C.No.5136/22 7 Ernakulam. The parties have arrived at a settlement in both the cases simultaneously and to quash the proceedings in C.C.No.18 of 2022, Crl.M.C.No.5131 of 2022 has been filed. I have already allowed the aforesaid Crl.M.C. on the basis of the settlement. Moreover, the incident has occurred inside the college campus and all the accused as well as the victims are students. Now they have settled all the other disputes and hence, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C. to quash the proceedings against both the said fractions. In the result, this Crl.M.C. is allowed, and Annexure-A1 final report submitted in Crime No.139 of 2020 of Central Police Station, Ernakulam and all further proceedings in S.C.No.491 of 2021 on the files of the 2[nd] Additional Assistant Sessions Court, Ernakulam as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A. JUDGE** DG/19.8.22 Crl.M.C.No.5136/22 8 _APPENDIX OF CRL.MC 5136/2022_ ## _PETITIONER ANNEXURES_ _Annexure-1 A CERTIFIED COPY OF THE CHARGESHEET DATED 20.10.2020 IN CRIME NO. 139/2020 OF CENTRAL POLICE STATION, ERNAKULAM CITY_ - _Annexure-2 AFFIDAVIT SIGNED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 23-06-2022_ - _Annexure-3 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.2 DATED 23-06-2022_ - _Annexure-4 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.3 DATED 23-06-2022_ - _Annexure-5 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.4 DATED 23-06-2022_ - _Annexure-6 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.5 DATED 23-06-2022_ - _Annexure-7 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.6 DATED 23-06-2022_ - _Annexure-8 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.7 DATED 23-06-2022_ - _Annexure-9 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.8 DATED 23-06-2022_ - _Annexure-10 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.9 DATED 23-06-2022_ - _Annexure-11 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.10 DATED 23-06-2022_ - _Annexure-12 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.11 DATED 23-06-2022_ _Annexure-13 AFFIDAVIT SIGNED BY THE INJURED WITNESS NO.12 DATED 23-06-2022_