The Kerala High Court permitted quashing of criminal proceedings (CC Nos. 26/2013 and 96/2015) based on an incident from 2009. Finding that disputes were settled amicably, co-accused acquitted, and no public interest remained, the court held continuation would amount to abuse of process.
Criminal M.C.s allowed; proceedings C.C.Nos. 26/2013 and 96/2015 quashed.
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 V.G.ARUN
TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942
Crl.MC.No.2232 OF 2020(H)
AGAINST THE ORDER IN CC 26/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
CRIME NO.198/2009 OF Shornur Police Station , Palakkad
PETITIONER/ACCUSED NOS. 1 TO 4:
1 RAJEEB,
AGED 30 YEARS S/O. MOHAMMED, KONGASSERI HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.
2 ABDUL RASAK,
AGED 35 YEARS
S/O. MOHAMMED, KONGASSERI HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.
AGED 30 YEARS S/O. ADAMKUTTY, CHETTIYARUTHODI HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.
AGED 30 YEARS S/O. IBRAHIM, CHAKKALAKKAL HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.K.RAJESH SUKUMARAN
RESPONDENT/COMPLAINANT AND DE FACTO COMPLAINANT AND VICTIMS:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 035 THROUGH THE SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION, SHORNUR 679 121, OTTAPALAM TALUK, PALAKKAD DISTRICT.
2 SIVAN
AGED 45 YEARS S/O. ACHUTHAN NAIR, PUTHANVEETTIL HOUSE, KARUVATTOOR, NEW STREET, PATTAMBI TALUK, PALAKKAD DISTRICT 679 336
3 RINOY
Crl.MC.2232/2020, Crl.MC.2180/2020 ..2..
AGED 32 YEARS S/O. NARAYANAN, POOTHIRUTHI HOUSE, KARUVATTOOR, PATTAMBI TALUK, PALAKKAD DIST 679 336
4 SUNIL BABU AGED 35 YEARS S/O. NARAYANAN, MANNEKKOTTUTHODI HOUSE, KURUVATTOOR, NEW STREET, PATTAMBI TALUK, PALAKKAD DISTRICT 679 336
R2-4 BY ADV. R.SREEHARI
OTHER PRESENT:
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2020, ALONG WITH Crl.MC.2180/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942
Crl.MC.No.2180 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CC 96/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
CRIME NO.197/2009 OF Shornur Police Station , Palakkad
PETITIONER/ACCUSED NO.1:
RINOY, AGED 32 YEARS
S/O.NARAYANAN, POOTHIRITHI HOUSE, KURUVATTOOR, VALLAPUZHA POST, PATTAMABI, TALUK, PALAKKAD DISTRICT
BY ADV. SRI.R.SREEHARI
RESPONDENT/COMPLAINANT, DE FACTO COMPLAINANT AND VICTIM :
1 STATE OF KERALA, REPRESENED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM COCHIN-682035 THROUGH THE SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION, SHORNUR 679121, OTTAPALAM TALUK, PALAKKAD DISTRICT
2 RAZAQ
AGED 35 YEARS S/O.MUHAMMED, KONGASSERI HOUSE, KURUVATTOOR, NEW CITY, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT-679336
3 ISMAYIL
AGED 29 YEARS S/O.ADHANKUTTY, CHETTIYARTHODI HOUSE, KURUVATTOOR, NEW CITY, VALLAPUZHA POST, PATTAMBI TALUK, PALAKKAD DISTRICT 679336
R2-3 BY ADV. SRI.K.RAJESH SUKUMARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2020, ALONG WITH Crl.MC.2232/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.2232/2020, Crl.MC.2180/2020 ..4..
ORDER
[ Crl.MC.2232/2020, Crl.MC.2180/2020 ] Dated this the 22nd day of September 2020
The petitioners in Criminal M.C.No.2232/2020
are the accused in Crime No.198/2009 registered at the Shornur Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 r/w 149 of IPC, now pending as C.C.No.26/2013 on the files of the Judicial First Class Magistrate Court, Ottapalam. The petitioner in Criminal M.C. No.2180/2020 is the accused in Crime No.197/2009 registered at the Shornur Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 506(i) r/w 149 of IPC, now pending as C.C.No.96/2015 on the files of the Judicial First Class Magistrate Court, Ottapalam. Both crimes are based on an incident which had taken place on
Crl.MC.2232/2020, Crl.MC.2180/2020 ..5..
11.05.2009. The de facto complainants and the injured persons in both cases are arrayed as party respondents in the Criminal M.C.s. Affidavits have been filed by those respondents stating that the reason for the incident, which led to registration of the crimes, has been resolved amicably out of court and they have no subsisting grievance in the matter. It is submitted that some of the co-accused, in both cases, were acquitted for want of evidence.
who, on instructions, submits that the petitioners have no criminal antecedents.
Crl.MC.2232/2020, Crl.MC.2180/2020 ..6..
in this matter. Moreover, in view of the settlement and acquittance of the co-accused, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought. In the result, this Crl.M.Cs are allowed. The proceedings C.C.Nos.26/2013 and C.C.No.96/2015 on the files of the Judicial First Class Magistrate Court, Ottapalamin are quashed.
SB /23/09/2020
Sd/V.G.ARUN JUDGE
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APPENDIX OF Crl.MC 2232/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO. 198/2009 OF SHORNUR POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 198/2009 OF SHORNUR POLICE STATION.
ANNEXURE A3 PHOTO COPY OF MEMORANDUM OF EVIDENCE FILED ALONG WITH THE FINAL REPORT.
ANNEXURE A4 CERTIFIED COPY OF JUDGMENT IN CC 611/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM DATED 22-01-2013.
ANNEXURE A5 AFFIDAVIT OF THE SECOND RESPONDENT ANNEXURE A6 AFFIDAVIT OF THE THIRD RESPONDENT ANNEXURE A7 AFFIDAVIT OF THE 4TH RESPONDENT.
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APPENDIX OF Crl.MC 2180/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.197/2009 OF SHORNUR POLICE STATION ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.197/2009 OF SHORNUR POLICE STATION
ANNEXURE A3 PHOTO COPY OF MEMORANDUM OF EVIDENCE FILED ALONG WITH FINAL REPORT
ANNEXURE A4 CERTIFIED COPY OF JUDGMENT IN CC 588/2009 OF JFCM COURT OTTAPALAM DATED 22.01.2013
ANNEXURE A5 AFFIDAVIT OF THE 2ND RESPONDENT ANNEXURE A6 AFFIDAVIT OF THE 3RD RESPONDENT
// true copy //
P.A to Judge
2 issues framed by the court
Whether criminal proceedings under Section 143, 147, 148, 341, 323, 324 IPC should be quashed after dispute settlement.
Whether continuation of criminal proceedings constitutes an abuse of process of court after amicable settlement.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabReferred¶62
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherReferred¶62
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
2 provisions across 1 enactments
Rajeeb
Abdul Rasak
Najeebudheen
Shihab
Rinoy
State of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
