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Yunus Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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Kerala HC
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Yunus Vs State of KeralaYunus v. State of Kerala

Allowed

Yunus v. State of Kerala

Kerala HC22 Jun 2022Crl.MC/443/2022

Case brief

AI extract

What is this about?

The Court granted a defence

What did the court decide?

The Crl.M.C. is allowed and the FIR and all further proceedings in S.C. No. 1087/2016 against the petitioners are quashed.

What the court decided

AI extract

A

Crl.M.C.No.443/2022

1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

WEDNESDAY, THE 22^ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944

CRL.MC NO. 443 OF 2022

AGAINST THE ORDER/JUDGMENT IN SC 1087/2016 OF DISTRICT COURT &

SESSIONS COURT,KOZHIKODE

PETITIONERS/ACCUSED:

1 YUNUS,

AGED 26 YEARS, S/O.AMMAD, MATHATH HOUSE, CHERAPURAM P. O., KOZHIKODE.

2 RAMSHAD,

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether criminal proceedings under VIbps can be quashed on account of private nature of dispute and settlement.
2.
Whether the dispute between the parties is purely private in nature.
3.
Whether settlement is genuine and satisfactory to ensure peace in the locality.

Cases cited

Colour shows how this judgement treated each authority

AI extract

Gian Singh v. State of Punjab and AnotherExplained¶41
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
SC 1087/2016Referred¶3

Parties & counsel

AI extract

petitioner
YUNUS
petitioner
RAMSHAD
petitioner
ROUF
petitioner
SADIQUE
petitioner
RAMSHAD
petitioner

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 22 Jun 2022 · June
Registered: 19 Jan 2022
Case no.: Crl.MC/443/2022

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Cite this judgement

Yunus v. State of Kerala, Crl.MC/443/2022 (KL), decided on 22 June 2022.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited3

Gian Singh v. State of Punjab and AnotherExplained¶41
SC 1087/2016Referred¶3
No.Referred

Outcome

The Crl.M.C. is allowed and the FIR and all further proceedings in S.C. No. 1087/2016 against the petitioners are quashed.

Issue for consideration

Whether criminal proceedings under VIbps can be quashed on account of private nature of dispute and settlement. +2 more

Detailed headnote1 paragraphs

Criminal proceedings under Section 143, 147, 148, 341, 323, 324, 326, 308 of IPC were quashed under Section 482 of CrPC on the basis of inter-party settlement. The Court applied the principles in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], noting the purely private nature of the dispute and the desire to maintain peace among factions in the locality. The offence under IPC Section 149 and the other sections.

A compact analysis

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.

AGED 25 YEARS, S/O.BASHEER, KEYATHKUNI HOUSE, CHERAPURAM P. O., KOZHIKODE.

3 ROUF,

AGED 28 YEARS, S/O.SOOPI, KEYATHKUNI HOUSE, CHERAPURAM P. O., KOZHIKODE.

4 SADIQUE,

AGED 26 YEARS, S/O.AMMAD, KANNANKODE KOYILOTH, CHERAPURAM P. O., KOZHIKODE.

5 RAMSHAD, AGED 24 YEARS,

S/O.MOOSA, PADINJARE VACHAKKAL, CHERAPURAM P. O., KOZHIKODE.

6 SUHAIL, AGED 26 YEARS, S/O.MOITHU, CHALAKANDY HOUSE, CHERAPURAM P. O., KOZHIKODE.

Crl.M.C.No.443/2022

2

BY ADV SHARAN SHAHIER

RESPONDENT/STATE/DE FACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2 AKHILESH, AGED 24 YEARS, S/O.SREEDHARAN, THARAVATTAH HOUSE, NAMABAVAYAL, CHERAPURAM, VADAKARA TALUK, KOZHIKODE.

BY ADV MINTU CHERIYAN

SRI.C.S.HRITHWIK-Sr.PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.443/2022

3

O R D E R

The petitioners are the accused in Crime No.17 of 2016 of Kuttiady Police Station, which is now pending as S.C.No.1087 of 2016 before the District and Sessions Court, Kozhikode. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 326, 308 read with Section 149 of IPC.

The prosecution case is that, on 08.01.2016 at about 1.45 am, while the de facto complainant was going back home along with his friend, the petitioners in furtherance of their common intention wrongfully restrained him and assaulted him with an iron rod. He sustained fracture on the right hand. Annexure-1 is the FIR and Annexure-2 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

Heard Sri.Sharan Shahir, learned counsel for the petitioners, Smt.Seena C., learned Public Prosecutor for the State and Sri.Mintu Cheriyan, learned counsel for the 2^nd respondent.

Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-2 affidavit sworn by the 2^nd respondent/de facto

Crl.M.C.No.443/2022

4

complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2^nd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 2^nd respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the 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 of Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

It is true that among the offences alleged against the petitioners, offence under Sections 326 and 308 of IPC are also incorporated. However, it is discernible from the records that, the

Crl.M.C.No.443/2022

5

parties are hailing from the very same locality and known to each other. It is evident from the affidavit filed by the de facto complainant that, now all their disputes have been settled and they are maintaining a cordial relationship, despite the fact that both the parties belonging to a rival political parties. In such circumstances, in order to ensure peace among the factions of people in the locality, it is only appropriate that the proceedings against the petitioners be quashed on the basis of the settlement.

In the result, this Crl.M.C. is allowed, Annexure-1 FIR submitted in Crime No.17 of 2016 of Kuttiady Police Station and all further proceedings in S.C.No.1087 of 2016 on the file of the District and Sessions Court, Kozhikode, against the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A. JUDGE

DG/23.6.22

Crl.M.C.No.443/2022

6

APPENDIX OF CRL.MC 443/2022

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.17/2016 OF KUTTIADY POLICE STATION, KOZHIKODE DISTRICT.

Annexure A2 AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT.

SC 1087/2016

No.Referred

Statutes considered

2 provisions across 2 enactments

AI extract

Cr.P.C.482
IPC143,147,148,341,323,324,326,308,

SUHAIL

Coram

AI extract

ZIYAD RAHMAN A.A.

CNR

KLHC010045892022

Topic

Quashing and FIR

Bench

Ziyad Rahman A.a.

Disposal

ALLOWED

22 Jun 2022

Vineeth Vs State of Kerala

22 Jun 2022

Open Authorities

Statutes2

Cr.P.C.482
IPC143,147,148,341,323,324,326,308,

View all statutes

Bench / Coram

ZIYAD RAHMAN A.A.

Parties & counsel