Shameem et al. 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 is allowed. Annexure-A1 FIR in Crime No. 177/2022 of Viyyur Police Station and all further proceedings as against the petitioners are hereby quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Shameem
Anshad
Afreedi
Afad
Ashique Usman
Gautham Ramesan
Rafseed
Mohammed Irshad
Muhammed Rashid
Muhammed Sinan P T
Abdul Jabir
Mohammed Nabeel
Shibin Ahammed
Afef T K
Mohammed Shajeesh
Mubashir
Muhammed Labeeb
Muhammed Shahnad M

Respondents

STATE OF KERALA represented by Public Prosecutor, HIGH COURT OF KERALA
AKHIL
NIKHIL
SACHIDANANDAN
AKHILESH
NIRDEV
AFNAS
JITHU S PILLAI
SRAVAN SANKAR

Legal Representation & Advocates

Counsels for Petitioners

• Jithin Babu A (Adv)

Counsels for Respondents

• C.S Hrithik (Advocate for Respondents 2-9)
• Arun Samuel (Advocate for Respondents 2-9)
• Public Prosecutor, State of Kerala

Case Synopsis & Summary

This is a Criminal Misc. Case (Crl.M.C No. 4284 of 2022) filed before the Kerala High Court by 18 accused persons seeking to quash proceedings arising from Crime No. 177/2022 registered at Viyyur Police Station under sections 143, 147, 323, 324 and 149 IPC. The petition contends that the dispute between the parties is private and has been settled, evidenced by affidavits sworn by the injured persons (Annexures A2–A9), who state they have no subsisting grievance and have no objection to quashing. The State’s counsel confirms the authenticity of the settlement after verification by the SHO, and the injured respondents reiterate their lack of grievance in court. The prosecution case describes that on 19 February 2022 at about 21:30 hours the petitioners allegedly attacked the second respondent and his companions (injured persons 3–9). In light of the private nature of the dispute and the settlement, the court finds that continuing the proceedings would serve little purpose and the chances of a conviction would be bleak. Citing Gian Singh v. State of Punjab and Another, the court holds that the High Court’s inherent power under Section 482 CrPC permits quashing FIR No. 177/2022 and all further proceedings. Consequently, the Crl.M.C is allowed and the FIR and proceedings against petitioners Nos. 1–18 are quashed. The court also notes the private settlement and finality of the dispute as a guiding principle in balancing private settlement with public interest.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 323 IPCSection 324 IPCSection 149 IPCSection 482 CrPC

Legal Doctrines & Maxims

Inherent power of High Court under Section 482 CrPC to quash criminal proceedings in light of a settlement between the parties; Gian Singh v. State of Punjab and Another as a controlling authority for quashing in private settlement cases.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the dispute with the injured/de facto complainants is private, there is a settlement evidenced by affidavits sworn by the injured persons (Annexures A2–A9), and the respondents have no subsisting grievance and no objection to quashing. They contend that continuing the proceedings would serve no useful purpose, and the High Court’s inherent power under Section 482 CrPC should be invoked to quash the FIR and all further proceedings.

Contentions of Respondents

The injured parties do not oppose the quashing, having settled the matter and providing affidavits stating lack of subsisting grievance; the SHO has verified the settlement, and the respondents reiterate their lack of grievance before the court.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	2012(4) KLT 108	Positive	Court relied on the Gian Singh doctrine to exercise the inherent power under Section 482 CrPC to quash proceedings in cases where there is a settlement and no subsisting grievance between parties.

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 25[TH] DAY OF JULY 2022 / 3RD SRAVANA, 1944** ## **CRL.MC NO. 4284 OF 2022** ## **PETITIONER/ACCUSED NOS 1 TO 18:** 1 SHAMEEM AGED 22 YEARS SON OF ABDUL SALAM, KUNNUMMAL HOUSE, THACHINGANDAM P O, MALAPPURAM, PIN - 676504 2 ANSHAD AGED 22 YEARS SON OF ABDUL GAFOOR, KONARI HOUSE, KODAKKAD, MALAPPURAM, PIN - 676504 3 AFREEDI AGED 23 YEARS SON OF BASHEER, PARAVATTI HOUSE, MELATTOR P O, MALAPPURAM, PIN - 676504 4 AFAD AGED 22 YEARS SON OF NAZIR CHERUCKIL, CHERUCKI VILLA HOUSE, THALAKKULATHUR P O, KOZHIKODE, PIN - 673001 5 ASHIQUE USMAN AGED 22 YEARS SON OF MUHAMMED IQBAL, PEEDIKAKANDY HOUSE, THONDAYAD P O, CALICUT, PIN - 673002 6 GAUTHAM RAMESAN AGED 23 YEARS 2 Crl.M.C No.4284 of 2022 SON OF RAMESAN, PARAMBIL HOUSE, KOOVAPALLY, KOTTAYAM, PIN - 686512 7 RAFSEED AGED 22 YEARS SON OF KUNHIBAVA AP, AMBICHINTEPURAKKAL HOUSE, TANUR P O,MALAPPURAM, PIN - 676302 8 MOHAMMED IRSHAD AGED 22 YEARS SON OF YOOSUF, KARADAN HOUSE, MANNARMALA PO,PERINTHALMANNA, PIN - 679321 9 MUHAMMED RASHID AGED 21 YEARS SON OF ISHAK K, KOORI HOUSE, KALAMBADI, MALAPPURAM, PIN - 676504 10 MUHAMMED SINAN P T AGED 23 YEARS SON OF USSAIN P T , PILATHOTTATHIL HOUSE, KODUVALLY P O, CALICUT, PIN - 673572 11 ABDUL JABIR AGED 25 YEARS SON OF ABDUSAMAD T, ERAMBRACHALIL HOUSE, KUZHIMANNA, KIZHISSERI, MALAPPURAM, PIN - 673641 12 MOHAMMED NABEEL AGED 23 YEARS SON OF ASHRAF P, PARAYIL HOUSE, VALAVANNUR, CHERAVANNUR, MALAPPURAM, PIN - 673015 13 SHIBIN AHAMMED AGED 22 YEARS SON OF SAINUDHEEN, BAITHUL HIRA HOUSE, PUTHALATH PARAMBATH, KIZHAKKOTH, KODUVALLY, KOZHIKODE, PIN - 673572 - 14 AFEEF T K 3 ## Crl.M.C No.4284 of 2022 AGED 22 YEARS SON OF ABOOBACKER T K, THECHIKKODAN HOUSE, THELAKKOD P O, KAPPU, MALAPPURAM, PIN - 676504 15 MOHAMMED SHAJEESH AGED 22 YEARS SON OF SHAMSUDEEN, THORAKKATTIL HOUSE, PALAKKAD, PIN 678601 16 MUBASHIR AGED 22 YEARS SON OF MUHAMMED ALI E A, EREKKAL HOUSE, KAITHAPOYIL P O, THAMARASSERY, KOZHIKODE, PIN - 673573 17 MUHAMMED LABEEB AGED 22 YEARS MOHAMMED ANWAR, AMBAYATHINGAL HOUSE, AREEKODE PO, MALAPPURAM, PIN - 673639 18 MUHAMMED SHAHNAD M AGED 21 YEARS SON OF MAJEED, MAMBADAN HOUSE, VELLUVANGAD PO, KODASSERI, MALAPPURAM, PIN - 680684 BY ADV JITHIN BABU A 4 Crl.M.C No.4284 of 2022 ## **RESPONDENTS/DEFACTO COMPLAINANT/INJURED PERSONS:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 AKHIL AGED 22 YEARS SON OF BAIJU, THUNDUVILAKKATHU HOUSE, VADAKKUMKARA DESOM, TRIVANDRAM, PIN - 676504 3 NIKHIL AGED 24 YEARS SON OF SATHEESH, CHEMBANIKUNNU HOUSE, KAVANOR DESOM, MALAPPURAM, PIN - 686512 4 SACHIDANANDAN AGED 21 YEARS SON OF SATHYAN, MADATHIPARAMBIL HOUSE, ATTORE DESOM, KUTTOOR VILLAGE, THRISSUR, PIN - 679321 5 AKHILESH AGED 22 YEARS SON OF ANIL, KUNNUMMAL HOUSE, EYEMBOARD, NADUVANADU DESOM, KANNUR, PIN - 676504 6 NIRDEV AGED 21 YEARS SON OF RAVINDRAN KOROTH, RITZY HOUSE, THALASSERY VILLAGE, KANNUR, PIN - 673001 7 AFNAS AGED 22 YEARS SON OF NASAR, CHULLIYIL HOUSE, POZHUTHANA DESOM, VYTHIRI VILLAGE, WAYANAD, PIN - 673002 8 JITHU S PILLAI AGED 22 YEARS SON OF SUDARSANAN PILLAI, UDAYAVILASAM HOUSE, 5 Crl.M.C No.4284 of 2022 AYLARA VILLAGE DESOM, PATHANAPURAM, KOLLAM, PIN - 676302 9 SRAVAN SANKAR AGED 20 YEARS SON OF VINOD KUMAR, MAYALAYAM HOUSE, MAVADA EAST DESOM, KOLLAM, PIN - 673572 BY ADV Arun Samuel ADV.C.S HRITHIK,SRPP **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** 6 Crl.M.C No.4284 of 2022 ## **O R D E R** The petitioners are the accused Nos. 1 to 18 in Crime No.177/2022 of Viyyur Police Station which was registered for the offences punishable under Sections 143, 147, 323, 324 and 149 of Indian Penal Code. 2. The prosecution case is that, on 19.02.2022 at 21.30 hours, the accused persons had attacked the 2nd respondent /defacto complainant and his friends who are respondents 3 to 9 herein. Annexure-A1 is the FIR registered by the Police. This Crl.MC is filed for quashing all further proceedings pursuant thereto. 3. Heard Sri.Jithin Babu A, the learned counsel appearing for the petitioners, Sri. C.S Hrithwik, the learned Public Prosecutor appearing for the State and Sri. Arun Samuel, the learned counsel appearing for the respondent Nos. 2 to 9. 7 Crl.M.C No.4284 of 2022 4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured persons have sworn Annexures-A2 to A9 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents Nos.2 to 9/injured persons also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured persons have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein. 5. 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 8 Crl.M.C No.4284 of 2022 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. Accordingly, this Crl.M.C. is allowed. Annexure-A1 FIR in Crime No.177/2022 of Viyyur Police Station and all further proceedings as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A JUDGE** rpk 9 Crl.M.C No.4284 of 2022 ## **APPENDIX OF CRL.MC 4284/2022** ## PETITIONER ANNEXURES |Annexure A1|A CERTIFIED COPY OF THE FIR DATED| |---|---| ||20/02/2022 IN CRIME NO. 177/2022| ||REGISTERED AT VIYYUR POLICE STATION,| ||THRISSUR DISTRICT.| |Annexure A2|THE AFFIDAVIT DATED 04/04/2022 SWORN BY| ||THE 2ND RESPONDENT/DE-FACTO COMPLAINANT.| |Annexure A3|THE AFFIDAVIT DATED 04/04/2022 SWORN BY| ||THE 3RD RESPONDENT.| |Annexure A4|THE AFFIDAVIT DATED 04/04/2022 SWORN BY| ||THE 4TH RESPONDENT.| |Annexure A5|THE AFFIDAVIT DATED 04/04/2022 SWORN BY| ||THE 5TH RESPONDENT.| |Annexure A6|THE AFFIDAVIT DATED 04/04/2022 SWORN BY| ||THE 6TH RESPONDENT.| |Annexure A7|THE AFFIDAVIT DATED 04/04/2022 SWORN BY| ||THE 7TH RESPONDENT.| |Annexure A8|THE AFFIDAVIT DATED 04/04/2022 SWORN BY| ||THE 8TH RESPONDENT.| |Annexure A9|THE AFFIDAVIT DATED 04/04/2022 SWORN BY| ||THE 9TH RESPONDENT.|