Sujith et al. v. State of Kerala and Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ZIYAD RAHMAN A.A.
Judgment Date: 2022-08-01
Court Decision / Holding: The Crl.M.C. is allowed; Annexure A2 final report in Crime No. 51/2022 of Aloor Police Station and all further proceedings in CP No. 40/2022 on the files of the Judicial First Class Magistrate Court -I, Chalakudy, against the petitioners, are quashed.
Final Disposition: Petition allowed; proceedings quashed; private settlement recognized and peace restored.

Parties to the Case

Appellants / Petitioners

P.M. Ziraj
Irfan Ziraj

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala
The Sub Inspector of Police, Aloor Police Station, Thrissur District
Mukesh
Smijith
Sreejith
Deepak
Krishnadev
Vishnu

Legal Representation & Advocates

Counsels for Petitioners

• P.M. Ziraj
• Irfan Ziraj

Counsels for Respondents

• Public Prosecutor, High Court of Kerala
• Al Yasar Arafath

Case Synopsis & Summary

This is a Criminal Misc. Case (Crl.M.C. No. 4652 of 2022) heard by single judge Justice Ziyad Rahman A.A. in the Kerala High Court. The petitioners—accused Nos. 1 to 3 in Crime No. 51/2022 of Aloor Police Station—seek to quash proceedings in C.P. No. 40/2022 before the Judicial First Class Magistrate Court-I, Chalakudy. The offences alleged include sections 323, 324, 294(b), 308, and 34 IPC. The petition is grounded on a private settlement between the parties, supported by affidavits of injured witnesses (Annexures A3 and A8), and verified by the SHO, who attested no subsisting grievance. The incidents occurred during a temple festival and involved two factions of local residents. The petition contends that continuing proceedings would serve no purpose since the dispute is private, and a successful prosecution is unlikely. The respondents acknowledge the settlement but argue that a criminal case has public interest aspects and requires consideration. The court references Gian Singh v. State of Punjab and Another to exercise its inherent powers under Section 482 Cr.P.C. in light of the settlement and to restore peace. The judge ultimately allows the Crl.M.C., quashes Annexure 2 final report and all further proceedings in CP 40/2022 against the petitioners. The order emphasizes peace and harmony and the private nature of the dispute.

Provisions of Law Cited

Sections 323, 324, 294(b), 308 and r/w Section 34 IPCSection 482 Cr.P.C.

Legal Doctrines & Maxims

Gian Singh v. State of Punjab and Another (2012(4) KLT 108) – quashing based on settlement in private disputes; doctrine invoked to exercise powers under 482 Cr.P.C.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the dispute is private and resolved through a settlement evidenced by affidavits from injured parties, with no subsisting grievances against the petitioners. They contend continuing prosecution is futile given the settlement and the public interest in preserving peace, especially since the incident occurred during a temple festival among rival factions. They rely on the private nature of the dispute and seek quashing under Section 482 Cr.P.C. to prevent further harassment and to uphold the terms of settlement.

Contentions of Respondents

The respondents acknowledge the settlement but emphasize that criminal proceedings have broader public implications. They point to the offences charged (IPC sections 323, 324, 294(b), 308 r/w 34) and argue that quashing should be exercised with caution, ensuring that the ingredients for quashing under 482 Cr.P.C. are satisfied and that the memory of the incident and potential repercussions are addressed in a manner that does not undermine justice.

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 invoke extraordinary revisional powers under 482 Cr.P.C. to quash proceedings where a private settlement exists and to maintain public peace.

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 1[ST] DAY OF AUGUST 2022 / 10TH SRAVANA, 1944** **CRL.MC NO. 4652 OF 2022** **AGAINST THE ORDER/JUDGMENT IN CP 40/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY** ## **PETITIONER/S:** 1 SUJITH AGED 40 YEARS SON OF SUBRAHMANIAN, ARAYKKAPARAMBIL HOUSE, THUMBUR DESOM, KOTTANELLUR VILLAGE, PIN - 680662 2 AJAY AGED 42 YEARS SON OF THILAKAN, MOOTHEDATH HOUSE, KUZHIKKATTUSSERY DESOM, THAZHEKKAD VILLAGE, PIN - 680697 3 VISHNU AGED 28 YEARS SON OF UNNIKRISHNAN,ALUPARAMBIL HOUSE, KUZHIKKATUSSERY DESOM, THAZHEKKAD VILLAGE, PIN - 680697 BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE SUB INSPECTOR OF POLICE ALOOR POLICE STATION, THRISSUR DISTRICT, PIN - 680683 3 MUKESH AGED 35 YEARS SON OF MURALI, PATHIYARI HOUSE, KUZHIKATTUSERY DESOM, THAZHEKKAD VILLAGE, THRISSUR DISTRICT, PIN – 680697 Crl.M.C.No. 4652 of 2022 2 - 4 SMIJITH AGED 27 YEARS SON OF SURESH, PATHIYARI HOUSE, KUZHIKATTUSERY DESOM, THAZHEKKAD VILLAGE, THRISSUR DISTRICT, PIN - 680697 - 5 SREEJITH AGED 25 YEARS SON OF SURESH, PATHIYARI HOUSE, KUZHIKATTUSERY DESOM, THAZHEKKAD VILLAGE, THRISSUR DISTRICT, PIN - 680697 - 6 DEEPAK, AGED 28 YEARS SON OF LAKSHMANAN, KALATHIL HOUSE, CHEMMANDA DESOM, KARALAM VILLAGE, PIN - 680711 - 7 KRISHNADEV AGED 27 YEARS SON OF ANILKUMAR, THAZHEKKATTUPARAMBIL HOUSE, KUZHIKKATTUSSERI DESOM, THAZHEKKAD VILLAGE, PIN - 680697 8 VISHNU AGED 26 YEARS SON OF VENU, NANDIPULAM HOUSE, KUZHIKKATTUSSERI DESOM, THAZHEKKAD VILLAGE, PIN - 680697 BY ADV AL YASAR ARAFATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No. 4652 of 2022 3 ## **ZIYAD RAHMAN A.A., J** **…................................... Crl.M.C.No. 4652 of 2022** **…....................................................... Dated this the 1[st ] day of August, 2022** ## **ORDER** The petitioners are the accused Nos. 1 to 3 in Crime No.51/2022 of Aloor Police Station, which is now pending as C.P.No.40/2022 on the files of the Judicial First Class Magistrate Court -I, Chalakkudy. The offences alleged against the petitioners are under Sections 323, 324, 294(b), 308 and r/w Section 34 of the Indian Penal Code. 2. The prosecution allegation is that accused Nos.1 to 3 formed into an unlawful assembly on 13.01.2022 at about 1 p.m., and assaulted CWs 1 and 2 with iron pipe thereby causing injuries. Annexure 1 is the FIR and Annexure 2 is the Final Report submitted by the police. This Crl.M.C filed for quashing all further proceedings pursuant to Annexure 2. 3. Heard, Sri. P.M. Ziraj, the learned counsel appearing for the petitioners, Sri. C.S.Hrithwik, the learned Public Crl.M.C.No. 4652 of 2022 4 Prosecutor for the State and Sri. Al Yasar Arafath, the learned counsel appearing for the respondents 3 to 8. 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 Annexure A3 and Annexure A8 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 3[rd] to 8[th] respondents/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 would be served if the proceedings against the petitioners Crl.M.C.No. 4652 of 2022 5 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 is under Section 308 of the Indian Penal Code. However, it is discernible from the records that in connection with the very same incident, the police have registered Crime No. 50/2022 against respondents 3 to 8 herein at the instance of the petitioners. The offences alleged in the said case are similar, and the prosecution therein is pending as C.P.No.20/2022 before the Judicial First Class Magistrate Court -I, Chalakkudy. Crl.M.C.No.4663/2022 also filed at the instance of the accused therein, the respondents 3 to 8 herein, to quash the proceedings therein. The prayer for quashing the respective proceedings in both these Crl.M.Cs is sought on the ground that the matter has been settled between the parties. 7. Moreover, it is discernible from the records that the incident occurred during a temple festival and on account of a dispute between two factions of the local people. Now it is Crl.M.C.No. 4652 of 2022 6 evident that they have sorted out all their differences. In such circumstances, in order to give effect to the terms of settlement in its entirety and thereby ensure peace and harmony among the local people, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C . Accordingly, this Crl.M.C. is allowed. Annexure A2 final report in Crime No.51/2022 of Aloor Police Station and all further proceedings in C.P.No.40/2022 on the files of the Judicial First Class Magistrate Court -I, Chalakkudy as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A., JUDGE** Dxy Crl.M.C.No. 4652 of 2022 7 ## **APPENDIX OF CRL.MC 4652/2022** |PETITIONER ANNEXURES|| |---|---| |Annexure 1|TRUE COPY OF THE FIRST| ||INFORMATION REPORT| ||SUBMITTED BY THE SECOND| ||RESPONDENT IN CRIME NO.| ||51/2022 OF ALOOR POLICE| ||STATION AND DOWNLOADED| ||FROM THE SITE OF KERALA| ||POLICE| |Annexure2|TRUE COPY OF THE FINAL| ||REPORT SUBMITTED BY THE| ||SECOND RESPONDENT IN| ||CRIME NO. 51/2022 OF| ||ALOOR POLICE STATION| |Annexure3|TRUE COPY OF THE| ||AFFIDAVIT DATED| ||27.06.2022 SWORN BY THE| ||THIRD RESPONDENT/CW1| |Annexure4|TRUE COPY OF THE| ||AFFIDAVIT DATED| ||27.06.2022 SWORN BY THE| ||FOURTH RESPONDENT/CW2| |Annexure5|TRUE COPY OF THE| ||AFFIDAVIT DATED| ||24.06.2022 SWORN BY THE| ||FIFTH RESPONDENT/CW3| |Annexure6|TRUE COPY OF THE| ||AFFIDAVIT DATED| ||27.06.2022 SWORN BY THE| ||SIXTH RESPONDENT/CW4| |Annexure7|RUE COPY OF THE| ||AFFIDAVIT DATED| ||27.06.2022 SWORN BY THE| ||SEVENTH RESPONDENT/CW5| |Annexure8|TRUE COPY OF THE| ||AFFIDAVIT DATED| ||27.06.2022 SWORN BY THE| Crl.M.C.No. 4652 of 2022 8 EIGHTH RESPONDENT/CW6