In a criminal miscellaneous petition challenging C.C.No.1936/2016, the High Court of Kerala at Ernakulam allowed the petition and quashed proceedings due to amicable settlement between student parties, noting absence of public interest.
Quashed proceedings under Section 482 of Cr.P.C. and discharged petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941
Crl.MC.No.123 OF 2020(E)
AGAINST THE ORDER/JUDGMENT IN CC 1936/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, TIRUR
CRIME NO.259/2015 OF Kuttipuram Police Station, Malappuram
PETITIONERS/ACCUSED:
1 AMEER A.K., AGED 25 YEARS, S/O. ABDURAHMAN, ARUKANDATHIL HOUSE, EDAPPAL, AYANKALAM POST, MALAPPURAM DISTRICT, PIN - 679 594.
2 JISHNU SREERAJ C.K., AGED 24 YEARS, S/O. VELAYUDHAN, SREELAKAM HOUSE, RAMANATTUKARA, RAMANATTUKARA POST, KOZHIKODE DISTRICT,
PIN - 673 633.
3 JASEEN JAMAL, AGED 25 YEARS, S/O. JAMALU, HARIFA MANZIL, KARUKATHIRUTHY, PONNANI, MALAPPURAM DISTRICT, PIN - 679 577.
4 HARIF, AGED 24 YEARS, S/O. KUNJU MUHAMMED, VAALAYIL HOUSE, KANCHIRATHANI, PALAKKAD DISTRICT.
5 ABHAYA JAYARAJ, AGED 24 YEARS, S/O. JAMUNA M.V., CHOVAT VALAPPIL HOUSE, KONDOTH KIZHEKOVAL, KONDOTH POST, KANNUR DISTRICT, PIN - 670 307.
BY ADVS.
SRI.S.K.PREMJITH MENON SRI.BINU V V VEETTIL VALAPPIL
Crl.M.C.No.123 of 2020
2
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, MALAPPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 ANJOOM BACKER, AGED 25 YEARS, S/O UMMER MUTHUVATTUSSERI, MUTHUVATTUSSERI HOUSE, ELETTIL POST, VATTOLI, KOZHIKODE DISTRICT, PIN - 673 562.
3 SALEH, AGED 25 YEARS, S/O. ABDUL MAJEED THADAYIL, POYILIL HOUSE, KIZHAKKOTH POST, KODUVALLY, KOZHIKODE DISTRICT, PIN - 673 572.
4 AHAMED BAZIL, AGED 24 YEARS, S/O. AMMAD KOTTODINTEVIDE, KATTODINTEVIDE HOUSE, KUNNUMMAL KAKKATTIL POST, KOZHIKODE DISTRICT, PIN - 679338.
5 MOHAMMED HARSHAD AGED 24 YEARS, S/O. SHAHUL HAMEED, PADATH PEEDIKAYIL, MELEZHIYAM HOUSE, ANAKKARA, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679 551.
R1 BY SRI C S HRITHWIK (SR PP) R2-R5 BY ADV. SHRI.MANEKSHA D.
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.123 of 2020
3
O R D E R
Dated this the 13th day of February 2020
The petitioners are accused in C.C.No.1936/2016
on the file of the Judicial First Class Magistrate
Court, Tirur, for having allegedly committed the offences punishable under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of I.P.C. The defacto complainant-injured are respondents 2 to 5 herein, who have appeared through a Counsel and have
filed affidavits stating that the matter has been amicably settled and that they have no existing grievance against the petitioners. The petitioners and respondents 2 to 5 were all students of M.E.S.Engineering College, Kuttippuram and they have settled the disputes between them. A report has been filed by the investigating officer through the Senior Public Prosecutor to that effect. The petitioners do
not have any criminal antecedents and no public interest is involved.
Crl.M.C.No.123 of 2020
4
In the result, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in C.C.No.1936/2016 on the file of the Judicial First Class Magistrate Court, Tirur, stands quashed under Section 482 of Cr.P.C. and the petitioners are
discharged.
Sd/-
ASHOK MENON
JUDGE
dkr
Crl.M.C.No.123 of 2020
5
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | COPY OF FIRST INFORMATION REPORT IN CRIME NO.259/2015. |
|---|---|
| ANNEXURE A2 | COPY OF THE FINAL REPORT FILED BY THE 1ST RESPONDENT IN CRIME NO.259/2015. |
| ANNEXURE A3(a) | ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 11.12.2019. |
| ANNEXURE A3(b) | ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 11.12.2019. |
| ANNEXURE A3(c) | ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT DATED 31.12.2019. |
| ANNEXURE A3(d) | ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT DATED 31.12.2019. |
2 issues framed by the court
Whether the quashing of criminal proceedings is permissible when the dispute between student parties has been amicably settled?
Whether Section 482 of the Cr.P.C. can be invoked to discharge accused persons without criminal antecedents in a settled campus dispute?
2 provisions across 2 enactments
AMEER A.K.
JISHNU SREERAJ C.K.
JASEEN JAMAL
HARIF
ABHAYA JAYARAJ
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
