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High Court of KeralaSingle JudgeThe petition is allowed; proceedings are quashe...

Muhammedkunhi Haji and Others v. State of Kerala and Others

Case / Petition Number:Crl.M.C.No.4441/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Ziyad Rahman A.A.
Judgment Date
2022-07-20
Court Decision / Holding
Crl.M.C. allowed; Annexure-AII final report in Crime No. 194 of 2014 and all further proceedings in SC No. 98 of 2016 against the petitioners are quashed.
Final Disposition
The petition is allowed; proceedings are quashed and the final report in Crime No. 194 of 2014 as well as all further proceedings in S.C.No.98 of 2016 are quashed against the petitioners.

Parties to the Case

Appellants / Petitioners

  • Muhammedkunhi Haji
  • Banam Shafi @ Muhammed Shafi
  • Najumudeen Karattu @ Najumudheen
  • Yousuf Karattu @ Yousuf.K.A
  • Sameer Kammadam @ K.Sameer
  • Rasheed Chittayil @ Rasheed.T
  • Anas Kammadam @ Anas Muhammed Aboobacker
  • Aathif Kammadam @ Muhammed Aathif.P.K
  • Yousuf Moolappara @ Yousuf.K.M
  • Kunhabdulla @ Abdullla @ Abu
  • Abdul Jabbar @ Jabbar
  • Ashique
  • Shakkir
  • Shareef
  • Shoukathali.P.
  • K.Abdul Aseeb
  • N.L.Muhammedkunhi

Respondents

  • State of Kerala, represented by Public Prosecutor, High Court of Kerala
  • Musthafa M
  • Faisal K.P.
  • Mumthasir

Legal Representation & Advocates

Counsels for Petitioners

  • • A. Arunkumar
  • • Heerakrishnan T.H.

Counsels for Respondents

  • • Vipin T Jose
  • • C.S. Hrithwik

Case Synopsis & Summary

This is a criminal miscellaneous case (Crl.M.C. No. 4441 of 2022) decided by a Single Judge of the Kerala High Court (Justice Ziyad Rahman A.A.) on 20 July 2022. The petitioners/accused challenge the continuation of criminal proceedings in SC No. 98 of 2016 before the Judicial First Class Magistrate, Hosdurg, arising from Crime No. 194 of 2014 registered at Vellarikkund Police Station. The offences alleged under IPC include 143, 147, 148, 341, 452, 323, 324, 326, and 308 read with 149. The prosecution contends that on 15.04.2014, the petitioners formed an unlawful assembly and assaulted respondents 2–4, causing injuries. Annexure A1 is the FIR; Annexure A2 is the final report; Annexures AIII–AV are affidavits sworn by respondents 2–4; Annexure AII is the final report. The respondents and IPS officials have verified the settlement affidavits, which state that there is no objection to quashing. Relying on Gian Singh v. State of Punjab and Another (2012) 10 SCC 303, the court exercises its power under Section 482 Cr.P.C. as the dispute is private and further prosecution would be fruitless. The court observes the minimal injuries and that several accused had acquittals, and ultimately quashes the final report and all further proceedings in SC 98/2016 against the petitioners.

Provisions of Law Cited

Sections 143, 147, 148, 341, 452, 323, 324, 326, 308 read with Section 149 IPCSection 482 Cr.P.C.

Legal Doctrines & Maxims

  • Gian Singh principle (quashing in private settlements under Section 482 Cr.P.C.)
  • No fruitful purpose in continuation of prosecution after settlement (private disputes)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the dispute with the respondents is purely private and a settlement has been arrived at, evidenced by affidavits (Annexure AIII to AV) sworn by respondents 2–4. Relying on Gian Singh v. State of Punjab and Another, they seek to invoke the inherent powers of this Court under Section 482 Cr.P.C. to quash Annexure A2 (final report) and all further proceedings in SC No. 98 of 2016, arguing that continuing the prosecution would serve no useful purpose given the settlement and lack of broader criminal history.

Contentions of Respondents

The respondents rely on the severity of the offences involved (including sections 143, 147, 148, 341, 452, 323, 324, 326, 308 r/w 149 IPC) and contend that the continuance of proceedings is warranted unless settled; the affidavits confirm the settlement, but the State's Public Prosecutor emphasizes verification by the SHO and notes injuries to respondents, including a single injury of loss of one tooth, and points to the need for a fair trial rather than wholesale quashing, especially given prior prosecutions and acquittals of some accused.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab and Another[(2012) 10 SCC 303]PositiveCourt applied Gian Singh's principle to quash proceedings in private disputes under 482 Cr.P.C. due to settlement.

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Extracted Judgment Text

Exact text extracted from official judgment records.

Crl.M.C.No.4441/2022 1 ## _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ ## _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A._ _WEDNESDAY, THE 20[TH] DAY OF JULY 2022 / 29TH ASHADHA, 1944_ ## _CRL.MC NO. 4441 OF 2022_ _CRIME NO.194/2014 OF Vellarikundu Police Station, Kasargod AGAINST THE ORDER/JUDGMENTSC 98/2016 OF SUB COURT, HOSDRUG_ ## _PETITIONERS/ACCUSED:_ _1 MUHAMMEDKUNHI HAJI, AGED 65 YEARS, SON OF P.AHAMMED, CHITTAYIL HOUSE, MOOLAPPARA, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533._ _2 BANAM SHAFI @ MUHAMMED SHAFI, AGED 50 YEARS, SON OF N.ANDUMAYI, PAZHAYAPATTILLATH HOUSE, BANAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT., PIN – 671 533. 3 NAJUMUDHEEN KARATTU @ NAJUMUDHEEN, AGED 43 YEARS, SON OF ABDUL LATHEEF, KARATTU, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 4 YOUSUF KARATTU @ YOUSUF.K.A, AGED 48 YEARS, SON OF ABDUL LATHEEF, KARATTU HOUSE, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 5 SAMEER KAMMADAM @ K.SAMEER, AGED 38 YEARS, SON OF SAMAD, KAMMADAM HOUSE, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 6 RASHEED CHITTAYIL @ RASHEED.T, AGED 37 YEARS, SON OF ABDUL SALAM,_ Crl.M.C.No.4441/2022 2 _CHITTAYIL HOUSE, MOOLAPPARA, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533._ _7 ANAS KAMMADAM @ ANAS MUHAMMED ABOOBACKER, AGED 27 YEARS, SON OF MUHAMMEDKUNHI, SUFAIDA MANZIL, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 8 AATHIF KAMMADAM @ MUHAMMED AATHIF.P.K, AGED 32 YEARS, SON OF SHUKKUR MOOLAPPARA, MOOLAPPARA HOUSE, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 9 YOUSUF MOOLAPPARA @ YOUSUF.K.M, AGED 48 YEARS, SON OF ABDULLA, MOOLAPPARA HOUSE, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 10 KUNHABDULLA @ ABDULLA @ ABU, AGED 27 YEARS, SON OF ANDUMAYI, LAINAKKILLATH HOUSE, NELLIYARA, KARATTU, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 11 ABDUL JABBAR @ JABBAR, AGED 43 YEARS, SON OF ANDUMAYI, MOOLAPPARA, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533._ _12 ASHIQUE, AGED 28 YEARS, SON OF ABOOBACKER, NELLIYARA, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533._ _13 SHAKKIR, AGED 41 YEARS, SON OF ABDUL RAHIMAN, CHITTAYIL HOUSE, MOOLAPPARA, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533._ Crl.M.C.No.4441/2022 3 _14 SHEREEF, AGED 31 YEARS, SON OF MALAPPACHERI MOIDU, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 15 SHOUKATHALI.P., AGED 45 YEARS, SON OF MUHAMMEDKUNHI HAJI, PATTILLATH HOUSE, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 16 K.ABDUL ASEEB, AGED 60 YEARS, SON OF MUHAMMED, KULANGARA HOUSE, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. 17 N.L.MUHAMMEDKUNHI, AGED 68 YEARS, SON OF ABDULLA, LAINAKKILLATH HOUSE, NELLIYARA, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533. BY ADVS. A.ARUNKUMAR HEERAKRISHNA T.H._ ## _RESPONDENTS/STATE/COMPLAINANT:_ _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682 031._ _2 MUSTHAFA.M, AGED 44 YEARS, SON OF MOIDU, KAMMADATH HOUSE, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT., PIN – 671 533._ Crl.M.C.No.4441/2022 4 _3 FAISAL.K.P., AGED 31 YEARS, SON OF MUTHALIB, PUZHAKKARA HOUSE, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT., PIN – 671 533._ _4 MUMTHASIR, AGED 26 YEARS, SON OF MUHAMMED, KAMMADATH HOUSE, KAMMADAM, PARAPPA VILLAGE, VELLARIKKUND TALUK, KASARAGOD DISTRICT, PIN – 671 533._ _BY ADV VIPIN T JOSE_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.No.4441/2022 5 **O R D E R** Petitioners are the accused in Crime No.194 of 2014 of Vellarikkund Police Station, which is now pending as S.C.No.98 of 2016 before the Assistant Sessions Court, Hosdurg. Offences alleged against the petitioners are under Section 143, 147, 148, 341, 452, 323, 324, 326, 308 read with Section 149 of IPC. 2. The prosecution case is that on 15.04.2014 at 20.25 hours, the petitioners have formed themselves into an unlawful assembly and assaulted the respondents 2 to 4 and thereby causing injuries to them. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2. 3. Heard Sri.A.Arunkumar, learned counsel for the petitioners and Sri.Vipin T.Jose, learned counsel for the respondents 2 to 4 and Sri.C.S.Hrithwik, learned Public Prosecutor for the State. 4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-AIII to Annexure-AV affidavits sworn by the respondents 2 to 4 are filed along with this Crl.M.C. to substantiate the settlement. Crl.M.C.No.4441/2022 6 In the said affidavit, respondents 2 to 4 had 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 4 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 continue. 6. It is true that offence alleged includes Sections 326 and 308 of IPC. However, it is discernible from the records that, the offence under Section 326 is incorporated on account of the injury sustained to the 3[rd] respondent and this injury is loss of one tooth. Apart from the above, there are no other injuries. Learned Public Crl.M.C.No.4441/2022 7 Prosecutor pointed out that, as against the accused Nos.3, 5, 6 and 13 a criminal prosecution was lodged under Sections 323 and 324. However, it is admitted that the trial against them resulted in acquittal. There are no criminal antecedents for the accused persons. In such circumstances, taking into account the settlement between the parties, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C to quash the proceedings against the petitioner. In the result, this Crl.M.C. is allowed, and Annexure-AII final report submitted in Crime No.194 of 2014 of Vellarikkund Police Station and all further proceedings in S.C.No.98 of 2016 on the file of the Judicial First Class Magistrate Court, Hosdurg, against the petitioners are hereby quashed. Sd/- ## **ZIYAD RAHMAN A.A.** **JUDGE** _DG/21.7.22_ Crl.M.C.No.4441/2022 8 ## _APPENDIX OF CRL.MC 4441/2022_ _PETITIONER ANNEXURES_ _Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO.194 OF 2014 OF VELLARIKKUND POLICE STATION Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 194 OF 2014 OF VELLARIKKUND POLICE STATION Annexure AIII THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT Annexure AIV THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT Annexure AV THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT Annexure AVI A TRUE COPY OF THE DEATH CERTIFICATE OF CW4 DATED 20-02-2021_