Allowed

Shanavas K.A v. State of Kerala

Kerala HC15 Sept 2022Crl.MC/650/2022

Case brief

AI extract

What is this about?

This common order quashes criminal proceedings filed against petitioners accused of assault and harassment under the IPC. The High Court accepted that the dispute was private in nature and that a valid settlement had been reached, rendering further prosecution futile under Section 482 CrPC.

What did the court decide?

Crl.M.Cs allowed; Final report and all further proceedings in C.C.No.843/2019 pending against petitioners are quashed.

Shanavas K.A Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶4

THURSDAY, THE 15^TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944

¶5

CRL.MC NO. 650 OF 2022

¶6

PETITIONER/S:

¶7

SHANAVAS K.A, AGED 44 YEARS, S/O AHMADPILLA KARUVELIPARAMB HOUSE, VATTEKKUNNAM, EDAPPALLY NORTH P.O., ERNAKULAM - 682 024.,

¶8

BY ADVS. SITHARA HAMZA KIZHAKOOT STIYA SIVAN K.R.RENJU ANILA ANTONY JITHIN VARGHESE

¶9

RESPONDENT/S:

¶10

1 STATE OF KERALA,PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682018

¶11

2 SHIHAB MOIDEEN AGED 33 YEARS, S/O MOIDEEN MUNDAKKATHAZHAM HOUSE, VATTEKUNNAM, THRIKKAKARA NORTH, KALAMASSERRY, ERNAKULAM- 682 024.,

¶12

BY ADVS. P.MOHAMED SABAH SAIPOOJA(K/001130/2016)

¶13

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ALONG WITH CRL.M.C 5589/2022 ON 15.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶15

PRESENT

¶16

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶17

THURSDAY, THE 15^TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944

¶18

CRL.MC NO. 5589 OF 2022

¶19

PETITIONER/S:

¶20

1 SHAMEER M.A,AGED 42 YEARS,S/O ABDUL KHADER MANUVELIPARAMBIL HOUSE, NEAR BISKUTTY CAKE SHOP, VATTEKUNNAM, THRIKKAKARA NORTH, KALAMASSERRY, ERNAKULAM- 682 024.

¶21

2 NIZAR M.M,AGED 43 YEARS,S/O MAJEED M A, 659 MALAMEL PARAMBIL HOUSE, INCHI PARAMBU, UNICHIRA, THRIKKAKARA P.O., THRIKKAKARA, ERNAKULAM- 682 021.,

¶22

3 SHAJAHAN P.S,AGED 36 YEARS,S/O SHAMSU, PEECHINGAPARAMBU, VATTEKKUNNAM, EFAPPALLY, ERNAKULAM682 026, BY ADVS. STIYA SIVAN K.R.RENJU ANILA ANTONY

¶23

RESPONDENT/S:

¶24

1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM- 682 018, PIN - 682018

¶25

2 SHIHAB MOIDEEN, AGED 33 YEARS MUNDAKKATHAZHAM HOUSE, VATTEKUNNAM, THRIKKAKARA NORTH, KALAMASSERRY, ERNAKULAM- 682 024, PIN - 682024

¶26

adv sreeja v -sr pp

¶27

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ALONG WITH CRL.M.C NO.650/2022 ON 15.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶28

¶29

Crl.M.C Nos.650 and 5589 of 2022

¶30

COMMON ORDER

¶31

These Crl.M.Cs are filed by the accused Nos. 1 to 4 in Crime No.1025/2019 of Kalamasserry Police Station which is now pending as C.C No. 843/2019 before the Judicial First Class Magistrate Court, Kalamasserry. Crl.M.C No. 650/2022 is filed by the 4 th accused in the said case whereas Crl.M.C No. 5589/2022 is filed by the accused Nos. 1 to 3. The offences alleged against the petitioners are punishable under Sections 323, 506(1), 294(b) read with Section 34 of Indian Penal Code.

¶32

2 . The prosecution case is that, on 21.05.2019, the 1 st accused pushed the 2 nd respondent down and assaulted him with an iron bar. The other accused have also threatened him and assaulted. Annexure-A2 is the final report submitted by the Police in both these Crl.M.Cs. These Crl.MCs are filed for quashing all further proceedings pursuant thereto.

¶33

3 . Heard Sri. Stiya Sivan, the learned counsel appearing for the petitioners, Smt. Sreeja V, the learned Public Prosecutor

¶34

¶35

Crl.M.C Nos.650 and 5589 of 2022

¶36

appearing for the State and Sri. Muhammed Musthaq, the learned counsel appearing for the 2nd respondent.

¶37

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 person has sworn Annexure-A3 affidavit in Crl.M.C No. 5589/2022 and Annexur-A6 affidavit in Crl.M.C No. 650/2022. The aforesaid affidavit indicates that, the matter has been settled and the injured person 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 /injured person 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 person has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.

¶38

¶39

Crl.M.C Nos.650 and 5589 of 2022

¶40

5 . 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 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.

¶41

Accordingly, these Crl.M.Cs are allowed. Annexure-A2 final report in Crime No.1025/2019 of Kalamasserry Police Station and all further proceedings in C.C.No.843/2019 pending before the Judicial First Class Magistrate Court, Kalamasserry as against the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

Crl.M.C Nos.650 and 5589 of 2022

¶48

APPENDIX OF CRL.MC 650/2022

¶49

PETITIONER ANNEXURES

¶50

Annexure1 CERTIFIED COPY OF FIR IN CRIME NO. 1025/2019 OF KALAMASSERY POLICE STATION Annexure2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 1025/2019 OF KALAMASSERY POLICE STATION Annexure3 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK OF THE KALAMASSERY GENERAL WORKERS UNION Annexure4 A TRUE COPY OF ORDER DATED 08/10/2020 ISSUED BY COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. Annexure5 A TRUE COPY OF ORDER DATED 26/02/2021 ISSUED BY COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. Annexure6 TEH AFFIDAVIT SIGNED BY THE 2ND RESPONDENT IN RESPECT OF THE SETTLEMENT.

¶51

¶52

Crl.M.C Nos.650 and 5589 of 2022

¶53

APPENDIX OF CRL.MC 5589/2022

¶54

PETITIONER ANNEXURES

¶55

Annexure1 A CERTIFIED COPY OF THE FIR NO.1025/2019 OF KALAMASSERY PROLICE STATION. Annexure2 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1025/2019 OF KALAMASSERY POLICE STATION. Annexure3 THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT IN RESPECT OF THE SETTLEMENT OF THE MATTER.

Shanavas K.A v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shanavas K.A v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ebin Varghese Vs State of Kerala

Sajith George Vs V.K. Praveen Kumar

Naisam Vs the Station House Officer

Shaji Thomas Vs State of Kerala

Sadanandan Vs State of Kerala

Anoop P Vs State of Kerala