PettakkandY Saheer and others v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ALEXANDER THOMAS
Judgment Date: 2015-06-26
Court Decision / Holding: The impugned Annexure-A1 charge sheet in Crime No.223/2013 and all further proceedings arising therefrom in the connected proceedings stand quashed. The five Criminal Miscellaneous Cases are disposed of with directions that the proceedings against the petitioners be quashed.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

Pettakkand y Saheer
Haris
Pettakkandy Muhammed
Punnakkal Sayied
Komath Muhammed
Kaniyam Kandiyil Sajir
PothuvandiYil Rashid
Koyippalli Muhammed

Respondents

State of Kerala
Madathil Mahamood
Kollarathu Arshad
PonandiYil Muhammed Rayis

Legal Representation & Advocates

Counsels for Petitioners

• M.G. Sreejith

Counsels for Respondents

• Public Prosecutor Smt. S. Hyma
• Adv. Abdul Jaleel Onath

Case Synopsis & Summary

This Kerala High Court decision, rendered by a single judge, deals with five Criminal Miscellaneous Cases arising from the same Crime No.223/2013 of Valayam Police Station, Kozhikode, which led to a series of Sessions Court trials (S.C. Nos. 363/2014, 731/2014, 1266/2014, 346/2014, 152/2014) in the Marad Cases. The petitioners, accused Nos. 2, 5, 7, 10, 11, 13, 14 and 19, challenge the impugned final report/charge sheet, seeking quashment under Sec.482 CrPC on the ground that the disputes with the respondents have been amicably settled and continued prosecution would be unproductive. The respondents/State, through the public prosecutor and counsel, are represented in the proceedings. The Court notes the affidavits of settlement filed by the parties stating that they have no objection to quashment. Relying on the Apex Court’s decisions in Gian Singh v. State of Punjab and Narinder Singh and others v. State of Punjab, the Court holds that where a real settlement exists and continuing prosecution would waste the court’s time, Sec.482 CrPC powers can be invoked to quash. Accordingly, the Court quashes the Annexure-A1 charge sheet and all further proceedings in the five cases, and disposes of the five Crl.M.Cs. in the interest of justice and judicial economy.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 323 IPCSection 324 IPCSection 308 read with Section 149 IPCSection 482 CrPC

Legal Doctrines & Maxims

Gian Singh v. State of Punjab, (2013) 1 SCC (Cri) 160 = (2012) 10 SCC 303

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argue for quashment under Sec.482 CrPC, asserting a genuine settlement with the respondents and that continuing criminal proceedings would waste judicial time. They rely on Supreme Court rulings in Gian Singh and Narinder Singh to justify quashing in the backdrop of settlement, supported by affidavits stating no objection to quashment.

Contentions of Respondents

The respondents’ position is reflected in the affidavits showing no objection to quashment; counsel is present for the State and other respondents. The materials suggest consent to quashment in light of the settlement, though no explicit opposition is articulated in the judgment text.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab	(2013) 1 SCC (Cri) 160 = (2012) 10 SCC 303	Positive	Quashing of prosecutions in appropriate cases under Sec.482 CrPC when there is a genuine settlement and continuing proceedings would serve no useful purpose, as established in Gian Singh.
Narinder Singh and others v. State of Punjab	(2014) 6 SCC 466	Positive	Supports the principle that disputes may be settled and quashing may be appropriate, particularly referencing paragraph 29.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937** ## **Crl.MC.No. 3864 of 2015 ()** **--------------------------SC.NO.363/2014 OF SESSIONS COURT (MARAD CASES), KOZHIKODE CRIME NO. 223/2013 OF VALAYAM POLICE STATION, KOZHIKODE ------------------** **PETITIONERS/ACCUSED NO. A2, A5, A7, A10, A11, A13, A14 AND A19 :** **---------------------------------------------------------------------------------------------------** **1. PEETTAKKANDY SAHEER, AGED 32 YEARS, S/O. ABDULLA, PETTAKANDI, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101** **2. HARIS, AGED 35 YEARS S/O. SHAIKH MASTER, PUNNCKAL, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101** **3. PEETTAKANDY MUHAMMED, AGED 25 YEARS S/O. ABDULLA PEETTAKANDI, PARAKKADAVU P.O., UMMATHUR KOZHIKODE DISTRICT - 673 101.** **4. PUNNAKKAL SAYIED, AGED 38 YEARS S/O. SHAIK MASTER, PUNNAKKAL HOUSE, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101.** **5. KOMATH MUHAMMED, AGED 35 YEARS S/O. ABDULLAH, KOMATH HOUSE, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101.** **6. KANIYAM KANDIYIL SAJIR, AGED 28 YEARS KANIYAM KANDIYIL, PARAKKADAVU P.O., UMMATHUR KOZHIKODE DISTRICT - 673 101.** **7. POTHUVANDIYIL RASHID, AGED 25 YEARS S/O. POCKER, POTHUVANDIYIL HOUSE, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101.** **8. KOYIPPALLI MUHAMMED, AGED 24 YEARS S/O. HASSAN, KOYIPPALLIYIL HOUSE, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101.** ## **BY ADV. SRI.M.G.SREEJITH** **...2/-** **Crl.MC.No. 3864 of 2015 () -2-** ## **RESPONDENTS/STATE/DEFACT COMPLAINANT:** **------------------------------------------------------------------** ## **1. STATE OF KERALA** - **REPRESENTED BY THE SUB INSPECTOR OF POLICE VALAYAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA - 682 031.** **2. MADATHIL MAHAMOOD, AGED 53 YEARS S/O. KUNJAMMEDH HAJI, MADATHIL HOUSE, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101.** **3. KOLLARATHU ARSHAD, AGED 18 YEARS S/O. MAHAMOODH, KOLLARATHU HOUSE, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101.** **4. PONANDIYIL MUHAMMED RAYIS, AGED 20 YEARS S/O. ISMAIL, PONANDIYIL VEEDU, PARAKKADAVU P.O. UMMATHUR, KOZHIKODE DISTRICT - 673 101.** **R1 BY PUBLIC PROSECUTOR SMT. S. HYMA** **R2 TO R4 BY ADV. SRI.ABDUL JALEEL ONATH** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-06-2015, ALONG WITH CRL.M.C. NO. 3886/2015 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Mn** **...3/-** **Crl.MC.No. 3864 of 2015 () -------------------------------------** ## **APPENDIX** |**PETITIONERS' ANNEXURES**|**:**| |---|---| |**-------------------------------------------**|| |**ANNEXURE A1:**|**TRUE COPY OF CHARGE SHEET IN CRIME NO 223/2013**| ||**NOW IN THE FILE OF SESSIONS COURT (MARAD**| ||**CASES), KOZHIKODE IN S.C. NO. 363/2014.**| |**ANNEXURE A2(a) TO A2(c)**|**THE AFFIDAVIT FILED BY RESPONDENTS 2 TO 4 DATED**| ||**19/1/2015.**| |**RESPONDENT(S)' EXHIBITS**|**: NIL**| |**--------------------------------------------------------**|| **//TRUE COPY//** **P.A. TO JUDGE Mn** ## ALEXANDER THOMAS, J. ================== Crl.M.C.Nos.3864, 3886, 3889, 3916 & 3919 of 2015 ======================== Dated this the 26[th] day of June, 2015 ## O R D E R The petitioners in Crl.M.C.No.3864/2015 are accused Nos.2, 5, 7, 10, 11, 13, 14 & 19 in Crime No.223/2013 of Valayam Police Station, Kozhikode (cases against other accused are split up) for offences under Sections 143, 147, 148, 323, 324 & 308 r/w 149 of Indian Penal Code at the instance of the 2[nd] respondent, which has led to the institution of S.C.No.363/2014 on the file of Sessions Court (Marad Cases) Kozhikode. The petitioners in Crl.M.C.No.3886/2015 are accused Nos.6 and 17 in the above said crime, which has led to the institution of S.C.No.731/2014 on the file of Sessions Court (Marad Cases) Kozhikode. The petitioners in Crl.M.C.No.3889/2015 are accused Nos.1, 3, 4 and 12 in the above said crime, which has led to the institution of S.C.No.1266/2014 on the file of Sessions Court (Marad Cases) Kozhikode. The petitioners in Crl.M.C.No.3916/2015 are accused Nos.9, 16, and 18 in the above said crime, which has led to the institution of C.P.No.346/2014 on the file of the Judicial First Crl.M.C.No.3864/2015 and conn.cases - : 2 :- Class Magistrate Court, Nadapuram. The petitioner in Crl.M.C.No.3919/2015 is accused No.8 in the above said crime, which has led to the institution of C.P.No. 152/2014 on the file of the Judicial First Class Magistrate Court, Nadapuram. Out of the 21 persons included in the accused array in the original crime A-15, A-20 and A-21 are juveniles. All the other accused have approached this Court through these five Criminal Miscellaneous Cases to challenge the impugned final report/charge sheet filed in Crime No.223/2013 of Valayam Police Station, Kozhikode District, which has been given rise to different Sessions Cases due to splitting up of the cases concerned. It is stated that now the entire disputes between the petitioners and contesting respondents in these Crl.M.Cs. have been settled amicably and that affidavits of the respective parties have also been filed in these cases, wherein it is stated that they have no objection for quashment of the impugned criminal proceedings pending against their opposite parties in the aforestated crime. It is in the light of these aspects that the petitioners have preferred the instant Criminal Miscellaneous Cases with prayer to quash the impugned criminal proceedings against them. Crl.M.C.No.3864/2015 and conn.cases - : 3 :- 2. In a catena of decisions, the Apex Court has held that in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if continuance of prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment. Accordingly, it is ordered in the interest of justice that:- - (i) In Crl.M.C.No.3864/2015 the impugned Annexure-A1 Charge Sheet filed in Crime No.223/2013 of Valayam Police Station, Crl.M.C.No.3864/2015 and conn.cases - : 4 :- Kozhikode, which has led to the institution of S.C.No.363/2014 on the file of the Sessions Court (Marad Cases) Kozhikode and all further proceedings arising therefrom pending against the petitioners therein stand quashed. - (ii) In Crl.M.C.No.3886/2015 the impugned Annexure-A1 Charge Sheet filed in Crime No.223/2013 of Valayam Police Station, Kozhikode, which has led to the institution of S.C.No.731/2014 on the file of the Sessions Court (Marad Cases) Kozhikode and all further proceedings arising therefrom pending against the petitioners therein stand quashed. - _(iii)_ In Crl.M.C.No.3889/2015 the impugned Annexure-A1 Charge Sheet filed in Crime No.223/2013 of Valayam Police Station, Kozhikode, which has led to the institution of S.C.No.1266/2014 on the file of the Sessions Court (Marad Cases) Kozhikode and all further proceedings arising therefrom pending against the petitioners therein stand quashed. - (iv) In Crl.M.C.No.3916/2015 the impugned Annexure-A1 Charge Sheet filed in Crime No.223/2013 of Valayam Police Station, Kozhikode, which has led to the institution of C.P.No.346/2014 on the file of the Judicial First Class Magistrate Court, Nadapuram and all further proceedings arising therefrom pending against the petitioners therein stand quashed. - (v) In Crl.M.C.No.3919/2015 the impugned Annexure-A1 Charge Sheet filed in Crime No.223/2013 of Valayam Police Station, Kozhikode, which has led to the institution of C.P.No.152/2014 on the file of the Judicial First Class Magistrate Court, Nadapuram and all further proceedings arising therefrom pending against the petitioner therein stand quashed. ## With these observations and directions these Criminal Miscellaneous Cases stand finally disposed of. ## Sd/- ALEXANDER THOMAS, JUDGE MJL Crl.M.C.No.3864/2015 and conn.cases - : 5 :-