The High Court of Kerala quashed criminal proceedings under IPC sections 143, 147, 148, 308, and 326 read with 149 arising from a private dispute. Relying on the settlement between parties and citing Gian Singh, the Court held that allowing prosecution served no purpose.
Crl.M.C. allowed; Annexure-A1 FIR and all further proceedings against petitioners 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.
Crl.M.C.No.2344/22
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 13TH DAY OF OCTOBER 2022 / 21ST ASWINA, 1944
CRL.MC NO. 2344 OF 2022
CRIME NO.1151/2017 OF Hosdurg Police Station, Kasargod
PETITIONERS/ACCUSED NO.1 TO 6:
1 SHAMMAS.M, AGED 31 YEARS, S/O.CHITHARI HASSAINAR HAAJI, SHAMMAS MANZIL, MAANIKKOTH, MAHIYA, AJANUR VILLAGE, HOSDURG TALUK, KASARGOD, PIN – 671 531.
2 RAMMES.K, AGED 27 YEARS, S/O.MUHAMMEDKUNHI. K, FARIZ MANZIL, NEAR L. P SCHOOL, MAHIYA, AJANUR VILLAGE, HOSDURG TALUK, KASARGOD, PIN – 671 531.
Crl.M.C.No.2344/22
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S/O.M. B MUHAMMED,
VELADATH HOUSE, NEAR K. H. M ENGLISH MEDIUM SCHOOL, MAHIYA, MAANITHONI, AJANUR, HOSDURG, KASARGOD, PIN – 671 531.
BY ADVS. RAHUL SASI NEETHU PREM VIVEK.P.K MANU K. MURALI
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
2 SURESHAN.K, AGED 41 YEARS, S/O.ACHUTHAN, KOLAVAYAL, AJANUR VILLAGE, HOSDURG TALUK, KASARGOD, PIN – 671 531.
BY ADVS. C.S.HRITHWIK, PUBLIC PROSECUTOR MIDU DEV PREM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2344/22
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O R D E R
The petitioners are the accused Nos.1 to 6 in Crime No.1151 of 2017 of Hosdurg Police Station. The aforesaid crime was registered for the offences punishable under Sections 143, 147, 148, 308, and 326 read with Section 149 IPC.
Crl.M.C.No.2344/22
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before the Addl.Sessions Court-II, Kasaragod, whereas the proceedings against the 2nd and 6th petitioners are pending as C.P.No.60 of 2022 before the Judicial First Class Magistrate CourtI, Hosdurg.
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principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.
In the result, this Crl.M.C. is allowed, and Annexure-A1 final report submitted in Crime No.1151 of 2017 of Hosdurg Police Station and all further proceedings pursuant to the same, including the proceedings in S.C.No.223 of 2019 and S.C.No.532 of 2022 before the Addl.Sessions Court-II, Kasaragod and C.P.No.60 of 2022 before the Judicial First Class Magistrate Court-I, Hosdurg against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
DG/15.10.22
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APPENDIX OF CRL.MC 2344/2022
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1151 OF 2017.
Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 01.04.2022 SUBMITTED BY THE 2ND RESPONDENT.
2 issues framed by the court
Whether criminal proceedings can be quashed on the ground of dispute settlement and private nature of the offence.
Whether invoking powers under Section 482 Cr.P.C. serves no fruitful purpose due to the settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶36
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
SHAMMAS M
RAMMES K
ALIAS DAVUDHUL HAKKIM M
SAMEER K CHEMMU
JASEER T
ALI MURTHAI M B
ZIYAD RAHMAN A.A
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
