The High Court of Kerala, acknowledging a private settlement and prior acquittals of co-accused, invoked its inherent powers under Section 482 CrPC to quash criminal proceedings against the petitioners, finding no fruitful purpose in continuing them.
Crl.M.C. allowed; C.P. No.8/2021 and all further proceedings against the 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944
CRL.MC NO. 4738 OF 2022
CP 8/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NADAPURAM CRIME NO.181/2009 OF NADAPURAM POLICE STATION
PETITIONERS/ACCUSED NOS.4 AND 6:
1MOOSA
AGED 35 YEARS, SON OF SOOPY
KATTIL HOUSE, THUNERI AMSOM.
MUDAVANTHERI DESOM, KOZHIKODE
KERALA, PIN – 673505
2HASHIF
AGED 25 YEARS
SON OF HAMSA, CHUNDAN PANATHIL (H), EDACHERI AMSOM,
IRINGANNUR. P.O, KOZHIKODE, PIN – 673505
BY ADV MITHUN P.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
2GOPALAN
AGED 36 YEARS
S/O. RAJAN MATHEW,
KANIYANTEVIDA HOUSE, THUNERI AMSOM.
MUDAVANTHERI DESOM, KOZHIKODE, PIN – 673505
BY ADV
ADV JAEONA JAMES
ADV SREEJA V - SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4738 OF 2022
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ORDER
The petitioners are the accused Nos.4 and 6 in Crime No.181/2009 of Nadapuram Police Station which is now pending as C.P. No.8/2021 on the file of the Judicial First Class Magistrate Court, Nadapuram. The offences alleged against the petitioners and other accused are under Sections 143, 147, 148, 427 read with Section 149 of Indian Penal Code and also under Sections 3 and 5 of Explosives Substances Act.
CRL.MC NO. 4738 OF 2022
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pending as C.P. No.8/2021 before the Judicial First Class Magistrate Court, Nadapuram. This Crl.M.C. is field for quashing all further proceedings pursuant to the same.
for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the defacto complainant has sworn Annexure A2. The aforesaid affidavit indicates that, the matter has been settled and the defacto complainant has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2nd respondent/defacto complainant also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer
CRL.MC NO. 4738 OF 2022
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concerned and before the SHO also, the defacto complainant has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.
5
CRL.MC NO. 4738 OF 2022
conducted against them. In such circumstances, taking note of the settlement arrived and also the order of acquittal passed in respect of the other accused persons, I do not find any fruitful purpose in allowing the prosecution to continue. In such circumstances, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 of Cr.P.C. and to quash the proceedings.
Accordingly, this Crl.M.C. is allowed. Annexure A1 Final Report in Crime No.181/2009 of Nadapuram Police Station and all further proceedings in C.P. No.8/2021 before the Judicial First Class Magistrate Court, Nadapuram as against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
scs
CRL.MC NO. 4738 OF 2022
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APPENDIX OF CRL.MC 4738/2022
PETITIONER ANNEXURES
Annexure A1COPY OF THE FINAL REPORT IN C.P NO.
8/2021 FILED BEFORE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
NADAPURAM
Annexure A2ORIGINAL OF THE AFFIDAVIT DATED
20.06.2022, SOLEMNLY AFFIRMED BY THE
2ND RESPONDENT
Annexure A3COPY OF THE ORDER OF THE HON'BLE
SESSIONS COURT KOZHIKODE IN S.C. NO.
1188 OF 2017 DATED 29.05.2018
2 issues framed by the court
Whether proceedings should be quashed upon settlement and acquittal of other accused in a private dispute case involving assembly and explosives charges.
Whether invoking Section 482 CrPC is appropriate given the private nature of the dispute and lack of fruitful purpose for prosecution.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶31
Gian Singh v. State of Punjab and Another [2012(4) KLT 108]
1 provisions across 1 enactments
MOOSA
HASHIF
STATE OF KERALA
GOPALAN
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ZIYAD RAHMAN A.A.
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