Allowed

Dilshad .T v. State of Kerala

Kerala HC3 Aug 2022Crl.MC/4009/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petition for quashing criminal proceedings against students accused of gang assault. Relying on settled dispute affidavits and the case being among students of the same college, the Court invoked powers under Section 482 Cr.P.C. to quash the case.

What did the court decide?

The criminal proceedings under C.C.No.94/2021 and the Final Report in Crime No.1499/2019 were quashed.

Dilshad .T Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 3 R D DAY OF AUGUST 2022 / 12TH SRAVANA, 1944

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CRL.MC NO. 4009 OF 2022

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Crime No.1499/2019 of Kalamassery Police Station

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PETITIONER/ACCUSED:

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1 DILSHAD .T AGED 22 YEARS S/O MAHAMMOOD, THUNDIYIL HOUSE, KAYAKODI , KOZHIKODE, PIN - 673508 2 ANEEB ALI AGED 22 YEARS S/O MUHAMMED BASHEER, KEEPPILATTU HOUSE, NADUKARA, PERUVALLUR, MALAPPURAM, PIN - 673638 3 AMAL HARI AGED 22 YEARS S/O HAREESH K SOWPARNIKA HOUSE , MANTRATHOOR, KURUTHODI, VADAKARA,KOZHIKODE, PIN - 673101 4 ABDUL HASEEB K.U AGED 21 YEARS S/O ABDUL AZEES,

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Crl.M.C No.400 9 of 2022

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KAPLIYEKAL HOUSE, OMANNUR, MALAPPURAM, PIN - 673637 5 DISHMIL SHAS MUHAMME AGED 23 YEARS S/O ABDUL KAREEM, KODAMKOTTACHAL HOUSE, KAVUMATTAM, ARIKULAM VILLAGE, KOYILANDI,KOZHIKKODE, PIN - 673305 6 MUHAMMED SHERIN AGED 22 YEARS S/O MUHAMMED, NAVATH THAZHAEKUNIYIL HOUSE , VADAKARA, KOZHIKODE., PIN - 673101 7 KALIDAS.K.P AGED 20 YEARS S/ O PATHMAKUMAR, KIZHAKKEMURI HOUSE, VADAZHI, PALAKKAD, PIN - 678706 8 MUHAMMED AMEEN AGED 21 YEARS S/O ABDUL KHADER, VIYOORKANDI HOUSE, NADUVANNUR, KOYILANDI,KOZHIKKODE, PIN - 673305 9 SHABAS AHAMMAD AGED 21 YEARS S/O ABDUL SALAM, NLLAPPATT VILLA, GARDER VALAPP, AAVIKKARA, KANJGAD POST, KASARGOD ., PIN - 671315

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Crl.M.C No.400 9 of 2022

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10 AMEER SHAHSAD AGED 23 YEARS S/O ABDULLAH.K.S, NASHATH HOUSE, KAVUM VATTOM, ARKULAM, NADERI POST, KOZHIKODE., PIN - 673620 BY ADV AMEER.K.M.

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RESPONDENT/COMPLAINANT AND STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

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2 SELAS CLEETUS AGED 23 YEARS S/O CLEETUS PAUL, KIZHAKKEDATH HOUSE, BASIN ROAD, ERNAKULAM DISTRICT, PIN - 682011

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3 SASWAL AGED 21 YEARS S/O SHAILAGEN, PALLAYI HOUSE, KADAMBODU KARAYIL, CHALAKUDI,THRISSUR., PIN - 680307 4 AKSHAY MURALI AGED 21 YEARS S/O MURALI, PALOLIL HOUSE, PUNCHAVAYALIL.,MUNDAKAYAM, KOTTAYAM DISTRICT., PIN - 686513

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.400 9 of 2022

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O R D E R

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Petitioners are the accused in Crime No.1499/2019 of Kalamassery Police Station which is now pending as C.C 94/2021 before the Judicial First Class Magistrate Court, Kalamassery. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 341, 324, 326 and read with Section 149 of Indian Penal Code.

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2 . The prosecution case is that, on 18.09.2019 at 11.05 a.m, the accused have wrongfully confined the respondents 2 to 4 and attacked them with weapons. Annexure-A2 is the FIR and Annexure-A1 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant thereto.

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3 . Heard Sri.Ameer K.M, the learned counsel appearing for the petitioners, Smt. Sreeja V, the learned Public Prosecutor appearing for the State and Sri. Vivek P.K, the learned counsel appearing for the respondents 2 to 4.

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Crl.M.C No.400 9 of 2022

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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 Annexures-A3 to A5 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 respondents Nos.2 to 4/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.

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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

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Crl.M.C No.400 9 of 2022

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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.

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It is true that, one of the offences is under Section 326 of Indian Penal Code. However, this is a case relating to the disputes among the students in Cochin University of Science and Technology(CUSAT). The petitioners as well as the respondents 2 to 4 were students in the very same college and now they have sorted out all their disputes. In such circumstances, taking note of the settlement and also the young age of the petitioners, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C.

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Accordingly, this Crl.M.C. is allowed. Annexure-A1 final report in Crime No.1499/2019 of Kalamassery Police Station and all further proceedings in C.C.No. 94/2021 pending before the Judicial

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Crl.M.C No.400 9 of 2022

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First Class Magistrate Court, Kalamassery as against the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

Crl.M.C No.400 9 of 2022

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APPENDIX OF CRL.MC 4009/2022

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PETITIONER ANNEXURES

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Annexure A1	CERTIFIED COPY OF THE FINAL REPORT SUBMITTED IN CC 94/2021 OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT KALAMASSERY FILED BY THE S.I OF KALAMASSERY POLICE
Annexure A2	CERTIFIED COPY OF THE F.I.R. FILED BY THE SUB INSPECTOR OF POLICE, KALAMASSERY
Annexure A3	THE AFFIDAVIT DATED 08.05.2022 BY DEFACTO COMPLAINANT
Annexure A4	THE AFFIDAVIT DATED 31.05.2022 BY THE DEFACTO COMPLAINNAT
Annexure A5	THE AFFIDAVIT DATED 31.05.2022 BY THE DEFACTO COMPLAINANT

Dilshad .T v. State of Kerala

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Dilshad .T v. State of Kerala

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