P.M. ABOOBACKER and others v. STATE OF KERALA and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ZIYAD RAHMAN A.A.
Judgment Date: 2022-03-29
Court Decision / Holding: CRL.MC NO.920 OF 2022 is allowed; Annexure A1 final report in Crime No.364/2016 and all further proceedings in CC 813/2016 are quashed.
Final Disposition: Allowed; quashing of the final report and all further proceedings in the connected criminal case (CC 813/2016) and Crime No. 364/2016)

Parties to the Case

Appellants / Petitioners

P.M ABOOBACKER
V.R. RANJITH
VISHNU JAYAKUMAR
AMAL SHAIJU
JISHNU SUKUMARAN
RENJITH RAJAN
K.H VISHNU
ANANDHU
VISHAKH M. VENUGOPAL
M.S. SETHUNARAYANAN
NIKHIL K. NARAYANAN
ELDHOSE BABY
BASIL ROY

Respondents

STATE OF KERALA
STATION HOUSE OFFICER, PUTHENCRUZ POLICE STATION
ABHIJITH ASHOKAN
YADHU KRISHNAN
AHKIL REGHU

Legal Representation & Advocates

Counsels for Petitioners

• Reshma Unnikrishnan

Counsels for Respondents

• SUDHEER GOPALAKRISHNAN
• ASWATHY CHANDRAN

Case Synopsis & Summary

This High Court of Kerala at Ernakulam case concerns 13 accused persons challenging the continuation of criminal proceedings under IPC Sections 323, 324, 341, 143, 144, 147, 148 read with 149, arising from Crime No. 364/2016 of Puthencruz Police Station (now CC 813/2016 before the Judicial First Class Magistrate, Kolenchery). The offences allegedly occurred on 16-03-2016 and 17-03-2016 inside St. Peter’s College, involving students as both accused and injured parties. The petition under Section 482 CrPC seeks quashing on the basis of a settlement supported by affidavits from respondents 3–5, who express no subsisting grievance, and with respondents 1–2 (State and Public Prosecutor) corroborating the no-objection stance. The court observes the disputes are private and that a settlement makes continued prosecution unlikely to succeed, invoking the principle from Gian Singh v. State of Punjab to exercise its inherent powers. Accordingly, the petition is allowed and Annexure A1 final report in Crime No. 364/2016 and all further proceedings in CC 813/2016 are quashed. The order emphasizes preventing harassment and conserving judicial resources where private settlements resolve disputes and there is no public interest in continued proceedings.

Provisions of Law Cited

Section 323 IPCSection 324 IPCSection 341 IPCSection 143 IPCSection 144 IPCSection 147 IPCSection 148 IPCSection 149 IPC

Legal Doctrines & Maxims

Gian Singh v. State of Punjab (2012) 4 KLT 108 (SC)

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that the disputes are private and have been resolved by settlement evidenced by affidavits from the respondents; there are no subsisting grievances, and continuing prosecution would be futile. Relying on the Gian Singh principle, they urge quashing under Section 482 CrPC to prevent harassment and conserve judicial resources.

Contentions of Respondents

Respondents 3–5, through counsel, confirm no grievance and no objection to quashing; the Public Prosecutor supports quashing, noting the affidavits and the private nature of the dispute. The court is urged to accept the settlement and dismiss the proceedings in light of the bleak prospects of conviction.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab	2012 (4) KLT 108 (SC)	Positive	Court relied on the Gian Singh doctrine to exercise inherent powers under Section 482 CrPC in light of a settlement and private dispute, concluding that continuing prosecution would not serve public interest.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** ## **TUESDAY, THE 29[TH] DAY OF MARCH 2022 / 8TH CHAITHRA, 1944** ## **CRL.MC NO.920 OF 2022** ## **CRIME NO.364/2016 OF PUTHENCRUZ POLICE STATION, ERNAKULAM. PETITIONERS/ACCUSED:** - **1 P.M ABOOBACKER, AGED 26 YEARS, PAINAYIL HOUSE, ATTAYAM, EAST VAZHAPPILLY P.O., MULAVOOR VILLAGE, PIN-686 673.** - **2 V.R. RANJITH, AGED 29 YEARS, VELLARAMKUZHI HOUSE, KUMMANOD, PATTIMATTOM P.O., PATTIMATTOM VILLAGE, PIN-683 562.** - **3 VISHNU JAYAKUMAR, AGED 28 YEARS,** **THURUTHIPILLIL HOUSE, PAZHANTHOTTAM, PAZHANTHOTTAM P.O., AIKKARANADU NORTH VILLAGE., PIN-683 565.** - **4 AMAL SHAIJU, AGED 25 YEARS, PUTHENPURACKAL HOUSE, KOLLAPPADI, VADAVUKODU P.O., VADAVUKODU VILLAGE, PIN-682 310.** - **5 JISHNU SUKUMARAN, AGED 27 YEARS, ELLUMALAYIL HOUSE, VELOOR KARA, PUTHENKURISHU P.O., PUTHENKURISHU, PIN-682 308.** - **6 RENJITH RAJAN, AGED 25 YEARS,** **PANNIKUZHIYIL HOUSE, POOTHRIKKA P.O, AIKKARANADU SOTH VILLAGE, PIN-682 308.** - **7 K.H VISHNU, AGED 26 YEARS, KOCHUMANGALATH HOUSE, ALLAPRA P.O, ASHARIMUGAL, VENGOLA VILLAGE, PIN-683 556.** -2- ## **CRL.MC NO.920 OF 2022** **8 ANANDHU, SARADHA NIVAS, MALLOOR MADAM, PERUMBAVOOR, PIN-683 542. 9 VISHAKH M. VENUGOPAL, AGED 28 YEARS, MELAMKUNNATH PUTHENPURAYI HOUSE, KADAYIRUPPU, KADAYIRUPPU P.O., AIKKARANADU NORTH VILLAGE, PIN-682 311. 10 M.S. SETHUNARAYANAN, AGED 26 YEARS, MALIKKALAYIL HOUSE, BETHANY CROSS, VALAYANCHIRANGARA P.O., VENGOLA, PIN-683 556. 11 NIKHIL K. NARAYANAN, AGED 23 YEARS, KOTTAPURATH HOUSE, KOTTAPPURAM, RAMANGALAM P.O., RAMAMANGALAM VILLAGE, PIN-686 663. 12 ELDHOSE BABY, AGED 24 YEARS, KANDANALIL HOUSE, MUDAVOOR P.O., PAYIPRA, MULAVOOR VILLAGE., PIN-686 669. 13 BASIL ROY, AGED 24 YEARS, PERACKAL HOUSE, KURAPPILLY CROSS, KAKKOOR, KAKKOOR P.O, THIRUMARADI VILLAGE, PIN-686 662.** ## **BY ADV. RESHMA UNNIKRISHNAN** ## **RESPONDENTS/STATE & DEFACTO COMMPLAINANT:** **1 STATE OF KERALA, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.** -3- ## **CRL.MC NO.920 OF 2022** - **2 STATION HOUSE OFFICER, PUTHENCRUZ POLICE STATION, PUTHENCRUZ, ERNAKULAM, PIN-682 308.** - **3 ABHIJITH ASHOKAN, VATTAKKATTU HOUSE, KALAMPOOR P.O., ENANALLOOR VILLAGE, MOOVATTUPUZHA, PIN-686 673.** - **4 YADHU KRISHNAN, KOLLAMAVUDIYIL HOUSE, ENALLOOR P.O., KALAMPOOR, PIN-686 673.** - **5 AHKIL REGHU, KATTACHIRAKKUNNEL HOUSE, KADAMATTOM P.O., PERUVAMMUZHY, PIN-682 311.** - **R1&R2 ADV. SUDHEER GOPALAKRISHNAN, PUBLIC PROSECUTOR** - **R3-R5 ADV. ASWATHY CHANDRAN** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** -4- **CRL.MC NO.920 OF 2022** ## **O R D E R** The petitioners are the accused Nos.1 to 13 in Crime No.364/2016 of Puthencruz Police Station, which is now pending as C.C. No.813/2016 on the file of the Judicial First Class Magistrate Court, Kolenchery. The offences alleged against the petitioners are under Section 323, 324, 341, 143, 144, 147, 148 read with Section 149 of the Indian Penal Code. 2. The allegation against the petitioners is that, on 16.03.2016 and on 17.03.2016, the accused persons attacked the respondents 3 to 5 herein and caused grievous hurt to them. The incident occurred inside a college campus by name, St. Peters College, Kolenchery and the accused as well as the defacto complainant are the students in the said college. On the basis of the same, a crime was registered and after completing the investigation, Annexure 2 final report was submitted. This Crl.M.C. is filed for quashing the proceedings -5- ## **CRL.MC NO.920 OF 2022** pursuant to Annexure 2 final report. 3. Heard Sri. Reshma Unnikrishnan, the learned counsel appearing for the petitioners; Sri. Sudheer Gopalakrishnan, the learned Public Prosecutor appearing for respondents 1 and 2 and Smt. Aswathy Chandran, the learned counsel appearing for respondents 3 to 5. 4. The prayer for quashing the proceedings is sought for on the basis of settlement arrived at between the parties. In order to substantiate the aforesaid settlement, Annexures A3 to A5 affidavits sworn by the respondents 3 to 5 has been produced. From the perusal of the aforesaid affidavits, it can be seen that, respondents 3 to 5 do not have any subsisting grievances as against the petitioners herein and they have also expressed their no objection in quashing the proceedings against the petitioners. 5. The learned counsel appearing for respondents 3 to 5 also confirms the same. -6- ## **CRL.MC NO.920 OF 2022** 6. The learned Public Prosecutor made available a report of the investigating officer and statement of the 3[rd] respondent/defacto complainant recorded by him. In the aforesaid statement also, the fact of settlement has been reiterated and also conveyed his no objection in quashing the proceedings against the petitioners. 7. On perusal of the records, it is discernible that the disputes are private in nature and since the parties have already arrived at a settlement, chances of a successful prosecution are very bleak. In such circumstances, no fruitful purpose would be served by allowing the prosecution to continue. In such circumstances, by applying the principles laid down in **Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]** , the powers of this Court under Section 482 Cr.P.C. can be invoked. In the result, this Crl.M.C. is allowed and Annexure A1 final report submitted in Crime No.364/2016 of Puthencruz Police Station and all further proceedings in -7- ## **CRL.MC NO.920 OF 2022** C.C. No.813/2016 of the Judicial First Class Magistrate Court, Kolenchery are hereby quashed. Sd/- **ZIYAD RAHMAN A.A. JUDGE** bpr -8- ## **CRL.MC NO.920 OF 2022** ## **APPENDIX** ## **PETITIONERS' ANNEXURES** |**ANNEXURE**|**1**|**TRUE COPY OF THE FIR DATED 21.03.2016 IN**| |---|---|---| |||**CRIME NO. 364/2016 OF PUTHENCRUZ POLICE**| |||**STATION, ERNAKAULM DISTRICT.**| |**ANNEXURE**|**2**|**THE CERTIFIED COPY OF THE FINAL REPORT**| |||**IN CRIME NO.364/2016 OF PUTHENCRUZ**| |||**POLICE STATION, ERNAKULAM DISTRICT.**| |**ANNEXURE**|**3**|**TRUE COPY OF THE AFFIDAVIT OF THE 3RD**| |||**RESPONDENT DATED 22.10.2019.**| |**ANNEXURE**|**4**|**TRUE COPY OF THE AFFIDAVIT OF THE 4TH**| |||**RESPONDENT DATED 22.10.2019.**| |**ANNEXURE**|**5**|**TRUE COPY OF THE AFFIDAVIT OF THE 5TH**| |||**RESPONDENT DATED 22.10.2019.**|