In a quashing petition under Section 482 CrPC, the High Court of Kerala allowed the petition and quashed further proceedings against fourth accused persons in a dispute settled between parties, relying on Gian Singh v. State of Punjab.
Quashed the final report (Annexure A2) and all further proceedings in C.C. No.148/2019 against petitioners.
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.
THURSDAY, THE 15TH DAY OF DECEMBER 2022 / 24TH AGRAHAYANA, 1944
CRL.MC NO. 5647 OF 2022
C.C.NO.148/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLOOR
CRIME NO.1042/2018 OF KODUNGALLOOR POLICE STATION
PETITIONER/ACCUSED NOS.1 TO 4:
1 AMBADYAGED 26 YEARS
S/O RAVI, KOCHITHARA VEEDU, KARA, EDAVILANGU,
KODUNGALLUR, PIN – 680671
2AJITH
AGED 25 YEARS
S/O HARILAL, KOTTEKKAT HOUSE, KARA, EDAVILANGU,
KODUNGALLUR , PIN – 680671
3 PRANAV AGED 28 YEARSS/O NARAYANAN, VALTHARA VEEDU, KARA, EDAVILANGU,
KODUNGALLUR, PIN – 680671
4 RINSONAGED 27 YEARS
S/O LORANCE, PALLISERRY VEEDU, KARA, EDAVILANGU,
KODUNGALLUR , PIN – 680671
BY ADV MANSOOR ALI
RESPONDENTS / COMPLAINANT/VICTIM:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM , PIN – 6820312 THE STATION HOUSE OFFICER, KODUNGALLUR POLICE STATION, KODUNGALLUR, THRISSUR DISTRICT,, PIN – 6806643MAJEED
AGED 52 YEARS, S/O KASIM, PETTIKATTIL HOSE,
SUNAMI COLONY, EDAVILANGU VILLAGE,
KODUNGALLUR., PIN – 680668
CRL.MC NO. 5647 OF 2022
2
ADDL.4 MAFSALAGED 27 YEARS
S/O MAJEED, PETTIKATTIL HOUSE, SUNAMI COLONY,
EDAVILANGU VILLAGE, KODUNGALLUR, PIN-680671
ADDL.5 FATHIMAAGED 48 YEARS
W/O MAJEED, PETTIKATTIL HOUSE, SUNAMI COLONY,
EDAVILANGU VILLAGE, KODUNGALLUR, PIN 680671
ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 & 5
AS PER ORDER DATED 08.12.2022 IN CRLMA 2/2022
IN CRLMC 5647/2022
BY ADV
ADV DEAGO JOHN K
ADV. M. P. PRASHANTH- PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 15.12.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
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CRL.MC NO. 5647 OF 2022
ORDER
The petitioners are the accused Nos.1 to 4 in Crime No.1042/2018 of Kudungalloor Police Station which is now pending as C.C. No.148/2019 before the Judicial First Class Magistrate Court, Kodungalloor. The offences alleged against the petitioners are 341, 323, 324, 326, 149, 447 and 34 of Indian Penal Code. Annexure A1 is First Information Report and Annexure A2 is the final report submitted. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure A2.
CRL.MC NO. 5647 OF 2022
4
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 3 to 5 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 respondents 3 to 5 have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein.
discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose 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
5
CRL.MC NO. 5647 OF 2022
can be invoked.
Accordingly, this Crl.M.C. is allowed. Annexure A2 final report in Crime No.1042/2018 of Kudungalloor Police Station and all further proceedings in C.C. No.148/2019 pending before the Judicial First Class Magistrate Court, Kodungalloor as against the
petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
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CRL.MC NO. 5647 OF 2022
APPENDIX OF CRL.MC 5647/2022
PETITIONER ANNEXURES
Annexure A1TRUE COPY OF F.I.R. AND FIS IN CRIME
NO.1042 OF 2018 OF KODUNGALLUR POLICE
STATION THRISSUR DISTRICT
Annexure A2TRUE COPY OF THE FINAL REPORT IN
CC148/2019 BEFORE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KODUNGALLUR
Annexure A3ORIGINAL THE AFFIDAVIT SIGNED BY THE
3RD RESPONDENT DATED 30.06.2022
Annexure A4TRUE COPY OF THE AFFIDAVIT SIGNED BY
THE 4TH RESPONDENT DATED 9 .06.2022
Annexure A5TRUE COPY OF THE AFFIDAVIT SIGNED BY
THE 5TH RESPONDENT DATED 9.06.2022
2 issues framed by the court
Whether proceedings against petitioners accused u/s 341, 323, 149, 447, 326, 324 and 34 IPC should be quashed.
Whether the settlement warrants quashing of criminal proceedings u/s 482 CrPC.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶46
[2012(4) KLT 108]
2 provisions across 2 enactments
AMBADY
AJITH
PRANAV
RINSON
STATE OF KERALA
MAJEED
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.
Parties & counsel