This order quashes criminal proceedings against Accused No. 6 under Sections 143, 147, 148, 308 and others of IPC. The court held the dispute was private and settled, finding no service of purpose in continuing prosecution.
Petition allowed; further proceedings in S.C. No. 673/2021 against the petitioner 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 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
CRL.MC NO. 8903 OF 2022
AGAINST THE ORDER/JUDGMENT SC 673/2021 OF SUB COURT, HOSDRUG
PETITIONER/ACCUSED NO 6:
ABDUL RAHIM AGED 24 YEARS SON OF IBRAHIM, BAITHOOL SINNAL, NEAR IQUBAL ROAD, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD., PIN - 671531 BY ADVS. A.ARUNKUMAR HEERAKRISHNA T.H. SACHIN GEORGE ARAMBAN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
2 MUHAMMED IRSHAD AGED 26 YEARS SON OF IBRAHIM KASIMI, R/AT KHADEEJA MANZIL, KOLAVAYAL, ANJANUR VILLAGE, HOSDURG TALUK, KASARAGOD., PIN - 671531 3 AHAMMED KABEER AGED 24 YEARS SON OF ABOOBACKER PERUMPRADI R/AT DARUNNAJATH HOUSE, KOLAVAYAL.P.O, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD., PIN - 671531 4 KUNHABDULLA AGED 74 YEARS
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Crl.M.C No.890 3 of 2022
SON OF MUHAMMED HAJI,
R/AT RAFIYA MANZIL, AJANUR VILLAGE, KOLAVAYAL.P.O, HOSDURG TALUK, KASARAGOD., PIN - 671531
5 SAMEERA.C AGED 34 YEARS WIFE OF SHARAFUDHEEN, R/AT KOLAVAYAL, KOLAVAYAL.P.O, HOSDURG TALUK, KASARAGOD., PIN - 671531
BY ADV VIPIN T JOSE
ADV SREEJA V -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
The petitioner is the accused No.6 in Crime No.99/2017 of Hosdurg Police Station, which is now pending as S.C No.673/2021 before the Assistant Sessions Court, Hosdurg. The offences alleged against the petitioner and other accused are punishable under Sections 143, 147, 148, 448, 341, 323, 324 and 308 read with Section 149 of Indian Penal Code. The respondents 2 to 5 are
the victims of the crime. Annexure-AI is the FIR and AnnexureAII is the Final Report submitted by the Police. This Crl.M.C is filed for quashing all further proceedings pursuant thereto.
2 . It is pointed out that, the proceedings against the accused Nos.3 to 5, were already quashed by this Court as per order dated 01.12.2022 in Crl.M.C No. 8012/2022.
3 . Heard Sri. A.Arunkumar, the learned counsel appearing
for the petitioner, Smt. Sreeja, V, the learned Public Prosecutor appearing for the State and Sri. Vipin T Jose, the learned counsel appearing for the respondents 2 to 5.
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4 . The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured persons/respondents Nos. 2 to 5 have sworn Annexures-AIII to AVI affidavits. The aforesaid affidavits indicate that, the matter has been settled and the respondents 2 to 5 have no subsisting grievance against the petitioner herein. They also conveyed that they have no objection in quashing the proceedings against the petitioner herein. The learned counsel for the respondents 2 to 5/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 respondents 2 to 5 have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioner herein.
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would be served if the proceedings against the petitioner 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.
6 . It is true that, one of the offences is under Section 308 of Indian Penal Code. However, it is discernible from records that, no serious injuries were sustained by any of the accused persons. Moreover, proceedings against the other three accused persons in this case were already quashed by this Court. In such circumstances, I deem it appropriate to quash the proceedings against the petitioner by invoking the jurisdiction of this Court under Section 482 Cr.P.C.
Accordingly, this Crl.M.C. is allowed. All further proceedings pursuant to Annexure-AII, Final Report in Crime No.99/2017 of Hosdurg Police Station, and all further proceedings in S.C No. 673/2021 which is now pending before the Assistant Sessions
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Court-I, Hosdurg as against the petitioner who is the 6 th accused are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
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APPENDIX OF CRL.MC 8903/2022
PETITIONER ANNEXURES
Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO.99 OF 2017 OF HOSDURG POLICE STATION Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 99 OF 2017 OF HOSDURG POLICE STATION Annexure AIII THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT Annexure AIV THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT Annexure AV THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT Annexure AVI THE AFFIDAVIT SWORN TO BY THE 5TH RESPONDENT
2 issues framed by the court
Whether criminal proceedings against Accused No. 6 should be quashed after a private settlement between the parties.
Whether invoking Section 482 Cr.P.C. is appropriate to quash proceedings in a private nature dispute.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶34
Gian Singh v. State of Punjab and Another [2012(4) KLT 108]
3 provisions across 2 enactments
ABDUL RAHIM
STATE OF KERALA
MUHAMMED IRSHAD
AHAMMED KABEER
KUNHABDULLA
SAMEERA.C
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
