Sreejith K.S. and others v State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ZIYAD RAHMAN A.A
Judgment Date: 2022-07-04
Court Decision / Holding: The petition is allowed. Annexure-A2 final report in Crime No.542/2020 of Thondernadu Police Station and all further proceedings in CC 68/2021 pending before the Judicial First Class Magistrate Court‑1, Mananthavady as against the petitioners are hereby quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

SREEJITH K.S.
SAJEEV K.R.
SALINI SAJEEV
PRADEEP K.R.
ANITHA
VINEETH K.P.
SATHEESH K.P.

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam - 682031 (Crime No.542/2020 of Thondernadu Police Station, Wayanad District)
Mathew M.C.

Legal Representation & Advocates

Counsels for Petitioners

• M.S. Breez

Counsels for Respondents

• K.K. Dheerendrakrishnan
• Sudheer Gopalakrishnan (PP)

Case Synopsis & Summary

The High Court of Kerala at Ernakulam hears CRL.M.C 4022 of 2022 challenging CC 68/2021, pending before the Judicial First Class Magistrate, Mananthavady. Petitioners/accused Nos. 1–7 are charged with offences under IPC Sections 143, 147, 148, 341, 323 and 326 read with Section 149 for forming an unlawful assembly, wrongful restraint, and assault with an iron rod during a road‑rage incident on 07.11.2020, resulting in a fracture to the 2nd respondent’s right hand. The petition seeks to quash all further proceedings on the basis of a private settlement evidenced by Annexure‑A4, wherein the injured person swears there is no subsisting grievance and no objection to quashing. The SHO confirms the settlement, and the injured party reiterates this stance. The court notes the dispute is essentially private and that continuing the proceedings would serve little purpose in light of the settlement, aligning with the principle in Gian Singh v. State of Punjab and Another to exercise its powers under Cr.P.C. 482. The court also cites a related order in Crl.M.C 4020/2022 quashing a counter case (Cr. No.541/2022) on identical terms. Although one offence is under Section 326 IPC, the injury is limited to the wrist. Consequently, the petition is allowed and the final report and CC 68/2021 are quashed against the petitioners.

Provisions of Law Cited

IPC Section 143IPC Section 147IPC Section 148IPC Section 341IPC Section 323IPC Section 326 r/w 149Cr.P.C. Section 482

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the dispute is private and has been settled. Annexure-A4 contains a notarized affidavit by the injured party declaring no subsisting grievance and no objection to quashing. The SHO verifies the settlement, and the injured party reiterates his lack of grievance. They rely on Gian Singh v. State of Punjab and Another (2012) 4 KLT 108, to justify invoking 482 Cr.P.C given the private nature and settlement, noting a similar quashing in Crl.M.C 4020/2022 for a counter case (Cr. No.541/2022). Although Section 326 IPC is among the charges, the injury is limited to the wrist and arises from a road‑rage scope. Therefore quashing would complete the settlement terms and serve the ends of justice.

Contentions of Respondents

The State’s counsel confirms the settlement’s veracity and the injured party’s lack of grievance; there is no public interest to preserve in the continuation of proceedings. The private nature of the dispute and prior quashing in a related matter support quashing CC 68/2021 and the final report. The State relies on Gian Singh to provide the legal framework for exercising 482 Cr.P.C in such circumstances.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	2012(4) KLT 108	Positive	Court relies on Gian Singh to exercise powers under Cr.P.C. 482 where there is a settlement and no public interest to continue proceedings.

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 4[TH] DAY OF JULY 2022 / 13TH ASHADHA, 1944** **CRL.MC NO. 4022 OF 2022** **AGAINST THE ORDER/JUDGMENT IN CC 68/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANANTHAVADY** ## **PETITIONER/ACCUSED:** 1 SREEJITH K.S. AGED 23 YEARS KONETHAZHATH HOUSE, POLLAMPARA, P.O. PUTHUSSERY, KANJIRANGAD, THONDERNADU, WAYANAD, PIN - 670645 2 SAJEEV .K.R. AGED 54 YEARS S/O.RAVEENDRAN, KONETHAZHATH HOUSE, POLLAMPARA, P.O. PUTHUSSERY, KANJIRANGAD, THONDERNADU, WAYANAD, PIN - 670645 3 SALINI SAJEEV AGED 42 YEARS W/O. SAJEEV KONETHAZHATH HOUSE, POLLAMPARA, P.O. PUTHUSSERY, KANJIRANGAD, THONDERNADU, WAYANAD, PIN - 670645 4 PRADEEP K.R. AGED 57 YEARS S/O.RAVEENDRAN, 2 Crl.M.C No.4022 of 2022 KONETHAZHATH HOUSE, POLLAMPARA, P.O. PUTHUSSERY, KANJIRANGAD, THONDERNADU, WAYANAD, PIN - 670645 5 ANITHA AGED 52 YEARS W/O. PRADEEP KONETHAZHATH HOUSE, POLLAMPARA, P.O. PUTHUSSERY, KANJIRANGAD, THONDERNADU, WAYANAD, PIN - 670645 6 VINEETH K.P. AGED 34 YEARS S/O.PRADEEP KARALANTHARA HOUSE, POLLAMPARA, P.O. PUTHUSSERY, KANJIRANGAD, THONDERNADU, WAYANAD, PIN - 670645 7 SATHEESH .K.P. AGED 31 YEARS S/O.PRADEEP KARALANTHARA HOUSE, POLLAMPARA, P.O. PUTHUSSERY, KANJIRANGAD, THONDERNADU, WAYANAD, PIN - 670645 BY ADV M.S.BREEZ ## **RESPONDENT/STATE/VICTIM:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 (CRIME NO.542/2020 OF THONDERNADU POLICE STATION, WAYANAD DISTRICT), PIN - 682031 2 MATHEW M.C. AGED 58 YEARS S/O.CHACKO, 3 Crl.M.C No.4022 of 2022 MARANGATTIL HOUSE, CHERUVANCHERY, P.O. PUTHUSSERY, KANJIRANGAD, THONDERNADU, WAYANAD, PIN - 670645 BY ADVS. PUBLIC PROSECUTOR K.K.DHEERENDRAKRISHNAN ADV. SUDHEER GOPALAKRISHNAN -PP **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** 4 Crl.M.C No.4022 of 2022 ## **O R D E R** The petitioners are accused Nos. 1 to 7 in Crime No.542/2020 of Thonderand Police Station which is now pending as C.C 68/2021 before the Judicial First Class Magistrate Court-I, Mananthavady. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 341, 323, 326 r/w Section 149 of Indian Penal Code. 2. The prosecution case is that, on 07.11.2020 at 11.a.m the petitioners have formed themselves into an unlawful assembly, wrongfully restrained the 2nd respondent and assaulted him with an iron rod. It is alleged that on account of the said assault, the 2 nd respondent sustained fracture on his right hand . Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure-A1. 3. Heard Sri. M.S Breez, the learned counsel appearing for the petitioners, Sri. C.S Hrithwik, the learned Public Prosecutor 5 Crl.M.C No.4022 of 2022 appearing for the State and Sri. K.K Dheerendrakrishnan, the learned counsel appearing for the 2nd respondent. 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 person has sworn Annexure-A4 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the injured person 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 instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured person has reiterated that, he does not have any objection in quashing the proceedings as he has 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 6 Crl.M.C No.4022 of 2022 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. 6. It is true that, one of the offences alleged is under Section 326 of IPC. On perusal of the records it is seen that, injury sustained by the petitioner is only on his wrist. The records indicate that the incident occurred in connection with the road rage. It is also reported that, in connection with the very same dispute, a counter case has been registered against the defacto complainant as Crime No.541/2022 by the very same Police Station and this Court as per order passed in Crl.M.C No.4020/2022 has quashed the proceedings thereon on the basis of settlement arrived at between the parties. Thus, taking into account all the above aspects, it is only proper that the 7 Crl.M.C No.4022 of 2022 proceedings in this case also be quashed so as to complete the terms of settlement between the parties. Therefore, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C even though offence under Section 326 is also alleged against the petitioners. Accordingly, this Crl.M.C. is allowed. Annexure-A2 final report in Crime No.542/2020 of Thondernadu Police Station and all further proceedings in C.C.No.68/2021 pending before the Judicial First Class Magistrate Court-1, Mananthavady as against the petitioners are hereby quashed. `SD/- **ZIYAD RAHMAN A.A** **JUDGE** rpk 8 Crl.M.C No.4022 of 2022 ## **APPENDIX OF CRL.MC 4022/2022** ## PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE F.I.R. DATED 8- 11-2020 IN CRIME NO.542/2020 OF THONDERNADU POLICE STATION Annexure2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 22-12-2020 IN CRIME NO.542/2020 OF THONDERNADU POLICE STATION Annexure-A3 THE CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE SUBMITTED BY THE POLICE Annexure-A4 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED 18-06-2022 SWORN BY THE 2ND RESPONDENT