Rashid v. State of Kerala; Muhammed Illiyas v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ziyad Rahman A.A.
Judgment Date: 2022-07-25
Court Decision / Holding: Crl.M.C. Nos.4415 and 4449 of 2022 allowed. Annexure-AI final report in Crime No.672/2015 and all further proceedings in S.C Nos.570/2021 and 67/2022 pending before the Additional Sessions Court-II, Kasaragod, against the petitioners are hereby quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Rashid
Muhammed Illiyas

Respondents

State of Kerala represented by Public Prosecutor
Noufal P.A.

Legal Representation & Advocates

Counsels for Petitioners

• P.K. Subhash
• K. Reha Khader
• P.K. Subhash (for Muhammed Illiyas)

Counsels for Respondents

• Sreehari Indukaladhar an (State counsel, Crl.M.C 4415/2022)
• Sreeja V. (Public Prosecutor, Crl.M.C 4449/2022)

Case Synopsis & Summary

This consolidated Criminal Miscellaneous Petition relates to quashing of the final report in Crime No.672/2015 of Bekal Police Station and the pending trial in two separate cases (S.C Nos. 570/2021 and 67/2022) arising from an incident on 15.10.2015, where allegations included unlawful assembly and attacks with a wooden reaper and sword, punishable under IPC sections 143, 147, 148, 324, 326 and 308 read with 149. The accused faced trial before the Additional Sessions Court-II, Kasaragod, but the Sessions Judge acquitted the accused after evaluating the evidence and noting the victim could not identify the assailants; the victim testified to identification based on suspicion, not on firm evidence. The petitioners contended that the dispute is private, has been settled, and the injured party has sworn an affidavit stating no subsisting grievance, with the SHO corroborating the settlement. The State, through the Public Prosecutor, supported quashing after verification of the settlement. Relying on Gian Singh v. State of Punjab and Another (2012) 4 KLT 108, the High Court reasoned that private settlements and the end of meaningful prospects of prosecution warrant exercise of the inherent power under Section 482 Cr.P.C. The Court quashed Annexure-AI final report and all further proceedings in the connected cases as against the petitioners, despite the serious nature of some offences.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 324 IPCSection 326 IPCSection 308 IPCSection 149 IPCSection 482 Cr.P.CSection 232 Cr.P.C

Legal Doctrines & Maxims

Gian Singh v. State of Punjab and Another (2012) 4 KLT 108 — principle under Cr.P.C. 482 allowing quashing in private settlements or where further prosecution serves no fruitful purpose
Private settlement doctrine guiding exercise of inherent powers under Section 482 Cr.P.C to prevent futile prosecution and to conserve judicial resources

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the private dispute between the parties has been resolved, with the injured party filing Annexure-AII affirming no subsisting grievance and no objection to quashing. On record, the SHO verified the settlement. Given the private nature of the matter and lack of public interest, they contended that continuing prosecution would be fruitless and only re-victimize the parties, justifying exercise of powers under Section 482 Cr.P.C in line with Gian Singh.

Contentions of Respondents

The respondents supported quashing in light of the settlement and verified facts, noting the private nature of the dispute and the absence of continuing grievance, in line with Gian Singh’s approach to quash proceedings that no longer serve a public interest.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	2012(4) KLT 108	Positive	The court relied on Gian Singh to exercise its inherent 482 Cr.P.C. jurisdiction to quash proceedings where there is a private settlement and no public interest in continuing the prosecution.

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.** **MONDAY, THE 25TH DAY OF JULY 2022 / 3RD SRAVANA, 1944** **CRL.MC NO. 4415 OF 2022** Crime No.672/2015 of Bekal Police Station ## **PETITIONER/ACCUSED NO.1:** RASHID,AGED 32 YEARS, S/O HUSSAIN THOTTI HOUSE, PALLIKKARA VILLAGE, KASARAGOD DISTRICT-671 318, PIN - 671318 BY ADVS. P.K.SUBHASH K.REEHA KHADER ## **RESPONDENT/STATE:** 1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031, PIN - 682031 2 NOUFAL P.A AGED 36 YEARS THOTTI HOUSE, PALLIKKARA VILLAGE, KASARAGOD DISTRICT-671 318, PIN - 671318 BY ADV SREEHARI INDUKALADHARAN ADV . M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2 Crl.M.C Nos.4415 and 4449 of 2022 **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **MONDAY, THE 25TH DAY OF JULY 2022 / 3RD SRAVANA, 1944 CRL.MC NO. 4449 OF 2022** ## **PETITIONER/ACCUSED NO.6:** MUHAMMED ILLIYAS,AGED 32 YEARS, S/O KUNHABDULLA THOTTI HOUSE, PALLIKKARA VILLAGE, KASARAGOD DISTRICT-671 318, PIN - 671318 BY ADV P.K.SUBHASH ## **RESPONDENT/STATE:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031, PIN - 682031 2 NOUFAL P.A,S/O SATHAR AGED 36 YEARS THOTTI HOUSE, PALLIKKARA VILLAGE, KASARAGOD DISTRICT-671 318, PIN - 671318 BY ADV SREEHARI INDUKALADHARAN ADV.SREEJA.V,PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 3 Crl.M.C Nos.4415 and 4449 of 2022 ## **O R D E R** These Crl.MCs are filed by the 1st and 6th accused in Crime No.672/2015 of Bekal Police Station. Crl.M.C 4449/2022 is fled by the 1st accused, whereas Crl.M.C 4415/2022 is filed by the 6th accused. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 324, 326, 308 read with Section 149 of IPC. 2. The prosecution case is that, on 15.10.2015 at 24.00 hours, the accused persons unlawfully assembled and attacked the 2nd respondent/defacto complainant with wooden reaper and sword. Annexure-A1 is the final report submitted by the police and these Crl.M.Cs are filed for quashing the aforesaid final report. 3. Initially, the trial was conducted by the Additional Sessions Court-II, Kasaragod as S.C 353/2018 in which accused Nos.2 to 5 have participated and Annexure-AIII is the judgment passed by the learned Sessions Judge. it is discernible therefrom that, all the accused person who faced the trial were acquitted by the Court. The case against the petitioners was split up. As of 4 Crl.M.C Nos.4415 and 4449 of 2022 now, the prosecution against the petitioner in Crl.M.C 4449/2022 is pending as S.C 67/2022 before the Additional Sessions Court-II, Kasaragod and the prosecution against the petitioner in Crl.M.C 4415/2022 is pending as S.C 570/2021 before the said Court. 4. Heard Sri. P.K Subash, learned counsel appearing for the petitioners, Smt.Sreeja, learned Public Prosecutor appearing for the State in Crl.M.C No. 4449/2022 and Sri.M.P Prashanth, learned Public Prosecutor, appearing for the State in Crl.M.C No.4415/2022. 5. The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person/2nd respondent has sworn Annexure-AII affidavit. The aforesaid affidavit indicates that, the matter has been settled and the 2nd respondent has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2nd respondent/injured person also confirmed the same. The learned Public Prosecutor upon 5 Crl.M.C Nos.4415 and 4449 of 2022 instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the 2nd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein. 6. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in **Gian Singh v. State of Punjab and Another [2012(4) KLT 108],** this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked. 7. It is true that, the offences alleged against the petitioners include Sections 326 and 308 of Indian Penal Code which are serious in nature. However, on perusal of Annexure-AIII judgment, it is evident that, learned Sessions Judge, after 6 Crl.M.C Nos.4415 and 4449 of 2022 appreciating the evidence adduced by the prosecution, came to a definite finding that, the accused persons who faced the trial are not guilty. In the said trial, the victim was examined as PW3 and he had stated that he could not identify any of the assailants. It is also deposed by him that, he named the accused persons in the statement made by him before the Police only on suspicion. The order of acquittal was passed by the learned Sessions Judge in such circumstances. The acquittal was under Section 232 of Cr.P.C as the prosecution could not adduce any evidence incriminating them. Thus, when taking into account the settlement arrived at between the parties and also the observation made by the learned Sessions Judge in Annexure-AIII judgment , I am of the view that no fruitful purpose would be served by continuing the prosecution as against the petitioners herein. In such circumstances, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C and to quash the proceedings against these petitioners. Accordingly, this Crl.M.C. is allowed. Annexure-AI final report in Crime No.672/2015 of Bekkal Police Station and all further proceedings in S.C.Nos.570/2021 and 67/2022 pending before the 7 Crl.M.C Nos.4415 and 4449 of 2022 Additional Sessions Court-II, Kasaragod as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A** **JUDGE** rpk 8 Crl.M.C Nos.4415 and 4449 of 2022 ## **APPENDIX OF CRL.MC 4415/2022** PETITIONER ANNEXURES AnnexureAI TRUE COPY OF THE FINAL REPORT IN CRIME NO.672/2015 OF BEKKAL POLICE STATION AnnexureAII ORIGINAL COPY OF THE AFFIDAVIT SWORN BY RESPONDNET NO.2 AnnexureAIII CERTIFIED COPY OF THE JUDGEMENT DATED 0906-2022 IN S.C.NO: 353/2018 BY THE COURT OF SESSION ,KASARAGOD DIVISION 9 Crl.M.C Nos.4415 and 4449 of 2022 ## **APPENDIX OF CRL.MC 4449/2022** |PETITIONER ANNEXURES|PETITIONER ANNEXURES| |---|---| |Annexure AI|TRUE COPY OF THE FINAL REPORT IN CRIME| ||NO.672/2015 OF BEKKAL POLICE STATION| |AnnexureAII|ORIGINAL COPY OF THE AFFIDAVIT SWORN TO| ||BY THE RESPONDENT NO : 2 ENDORSING THE| ||FACTUM OF COMPOUNDING OF THE SAID| ||OFFENCES AND THE SETTLEMENT OF THE| ||DISPUTES| |AnnexureAIII|CERTIFIED COPY OF THE JUDGEMENT DATED 09-| ||06-2022 IN S.C.NO: 353/2018 BY THE COURT| ||OF SESSION ,KASARAGOD DIVISION|