The Court quashed criminal proceedings against multiple accused persons involved in an unlawful assembly causing injury, citing a private nature of the dispute and a settlement affidavit from the complainant that warranted non-fruitional prosecution.
FIR in Crime No.333/2008 and all further proceedings against the petitioners are 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.448/22
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 19TH DAY OF OCTOBER 2022 / 27TH ASWINA, 1944
CRL.MC NO. 448 OF 2022
PETITIONERS/ACCUSED:
1 ANOOP K. J., AGED 38 YEARS, S/O.M.P.KUNJU, MADATHUMPURAYIL HOUSE, KACHERI WARD, MUKKOM VILLAGE, KOZHIKODE DISTRICT - 673 046.
2 NIKHIL DEV, AGED 35 YEARS, S/O.VIJAYAN, PUTHUSSERY HOUSE, AIKKARA VILLAGE, NILAMBUR, MALAPPURAM DISTRICT - 679 329.
4 AJAY BABU, AGED 35 YEARS, S/O.BABU, THAYYILPEEDIKA HOUSE, CHUNGATHARA VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT - 679 329.
6 FARSHAD, AGED 35 YEARS, S/O.P.K.MOOSA, THADAPARAMBIL HOUSE, KUZHIMANNU VILLAGE, KONDOTTY, MALAPPURAM DISTRICT – 673 638.
Crl.M.C.No.448/22
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| 7 | SARMRUDVAJ, AGED 36 YEARS, |
|---|---|
| S/O.FAISA, FABEENA HOUSE, NEAR CIVIL STATION, KANNUR VILLAGE, KANNUR DISTRICT - 670 001. |
|
| 8 | JENEEV SASIDHARAN, AGED 33 YEARS, S/O.SASIDHARAN, THEJAS HOUSE, NATTAKAM, KOTTAYAM DISTRICT - 680 566. |
| 9 | ARAVIND S., AGED 34 YEARS, S/O.SHYLESH KUMAR, SOUBHAGYA HOUSE, MUTTATHIL LANE, KADAVANTHARA, ERNAKULAM DISTRICT - 682 020. |
| 10 | ANOOP V. S., S/O.VELAYUDHAN, KADUKKAMOODU, THOLIKODE VILLAGE, THIRUVANANTHAPURAM DISTRICT – 695 541. |
| 11 | JIJO JOHN, AGED 34 YEARS, S/O.JOHN, PUTHENPURAYIL HOUSE, CHAPPARAKADAVU, KANNUR DISTIRCT – 670 041. |
| 12 | SONY THANKAPPAN, AGED 34 YEARS, S/O.THANKAPPAN, MAVELIL THEKKATHIL, CHATHAKKULAM, PORUVAZHI VILLAGE, KOLLAM DISTRICT - 690 520. |
| 13 | SANAL KUMAR, AGED 34 YEARS, S/O.KANDACHAMY, UMALAYAM, AGALY VILLAGE, MANNARKAD, PALAKKAD DISTRICT – 678 582. |
| 14 | SHAJEER, AGED 34 YEARS, S/O.ALAVI, VELLAR VALLIKKALADY, VEKKALAM VILLAGE, PERAVOOR, KANNUR DISTRICT - 670 673. |
| 15 | NIKHIL JACOB, |
| AGED 34 YEARS,S/O.JACOB POTHEN, KOCHUMANNIL HOUSE, |
Crl.M.C.No.448/22
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RANNI VILLAGE, PATHANAMTHITTA DISTRICT – 689 673.
18 JIN JOHN, AGED 34 YEARS, S/O.K.J.JOHN, THAIPALLIL HOUSE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT - 690 516.
BY ADV.LATHEESH SEBASTIAN
RESPONDENTS/STATE & COMPLAINANT & VICTIM:
BY ADV.R.ARUN
SMT.SREEJA V -SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.448/22
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O R D E R
Petitioners are the accused in Crime No.333 of 2008 of Sreekaryam Police Station, which was registered for the offences punishable under Sections 143, 147, 148, 149, 149, 323 and 324 IPC.
Crl.M.C.No.448/22
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settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 3rd 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.
In the result, this Crl.M.C. is allowed, and Annexure-A1 FIR submitted in Crime No.333 of 2008 of Sreekaryam Police Station and all further proceedings pursuant thereto, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
DG/19.10.22
Crl.M.C.No.448/22
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APPENDIX OF CRL.MC 448/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.333/2008 OF SREEKARYAM POLICE STATION. Annexure A2 COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT.
3 issues framed by the court
Whether criminal proceedings can be quashed under Section 482 Cr.P.C. where the dispute is private in nature and a settlement has been reached.
Whether the court's power under Section 482 Cr.P.C. can be invoked to quash FIR and proceedings when settlement is substantiated by affidavit.
Whether principles laid down in Gian Singh v. State of Punjab allow quashing of proceedings in case of private dispute settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶43
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
ANOOP K. J.
OTHER PETITIONERS
STATE OF KERALA
GOKUL P SANKAR
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
