In a criminal miscellaneous petition, the High Court of Kerala exercised its power under Section 482 Cr.P.C., adopting principles from Gian Singh and Narinder Singh, to quash criminal proceedings where the co-accused had settled the dispute and no public interest remained.
Quashed proceedings in C.C.No.74/2021 arising out of Crime No.217/2019.
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 BECHU KURIAN THOMAS
TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
CRL.MC NO. 467 OF 2023
CRIME NO.217/2019 OF MANKADA POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT CC 74/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, PERINTHALMANNA
PETITIONERS/ACCUSED :
1 BIJU A.J., AGED 49 YEARS S/O. JOSEPH AJ, AMBRAYIL HOUSE, CHEPOOR, ANAKKAYAM POST, MUNDUPARAMBA, MALAPPURAM DISTRICT -, PIN – 676 509.2 MUHAMMED JABIR, AGED 34 YEARS S/O. MAMMAD, KAZHUKKUMML HOUSE, CHEPOOR, ANAKKAYAM POST, MUNDUPARAMBA, MALAPPURAM DISTRICT -, PIN – 676 509.3 IBRAHIM, AGED 38 YEARS, S/O. HAMZA, KAZHUKUNNUMMAL HOUSE, CHEPOOR, ANAKKAYAM POST, MUNDUPARAMBA, MALAPPURAM DISTRICT -, PIN – 676 509.4 SHARAFUDHEEN, AGED 45 YEARS S/O. HAMZA, VALIYAPEEDIYEKKAL HOUSE, CHEPOOR, ANAKKAYAM POST, MUNDUPARAMBA, MALAPPURAM DISTRICT -, PIN – 676 509.5 HAMZA, AGED 42 YEARS S/O. HASSAN, MANATTU, AYANIKKAD, KONDOTTY, CHIRAYIL, PALLIKKAL, KARIPPUR, MALAPPURAM DISTRICT -, PIN – 673 638.6 KUTTY HASSAN, AGED 60 YEARS S/O. ABOOBACKER, CHOLATHAYIL HOUSE, MUSLIYARANGADI, NEDIYIRIPPU, MALAPPURAM DISTRICT -, PIN – 673 638.7 ROBIN JOSE, AGED 38 YEARS S/O. JOSEPH MATHEW, POTHANAM NADATHIL HOUSE, ATHIRAMPUZHA, KOTTAYAM -, PIN – 685 562.BY ADV E.C.AHAMED FAZIL
RESPONDENTS/STATE-COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.CRL.MC 467/2023
2
2 THE SUB INSPECTOR OF POLICE MANKADA POLICE STATION, MALAPPURAM DISTRICT -, PIN – 676 509.3 SHIHABUDHEEN AGED 43 YEARS S/O. SAIDALI, THODUVIL HOUSE, PEUMPILAKKAL, KADANNAMANNA, MALAPPURAM DISTRICT -, PIN – 676 509.4 ADDL R4 TO R7 HARIS ALAKKADAN, AGED 35, S/O. SAIDALAVI, VERUMPILAKKAL, KADANNAMANNA, MALAPPURAM DISTRICT – 679 324.5 SHARAFUDHEEN, AGED 41, S/O. KUNJI MUHAMMED, VERUMPILAKKAL, KADANNAMANNA, MALAPPURAM DISTRICT- 679 324.6 ABDUL SAMAN, AGED 45, S/O. ABDUL HAQ, ELAKODAN HOUSE, VERUMPILAKKAL, KADANNAMANNA, MALAPPURAM DISTRICT – 679 324.7 ABDUL MANAF P.T, AGED 49, S/O. ABU HAJI, POONTHODAN HOUSE, VERUMPILAKKAL, KADANNAMANNA, MALAPPURAM DISTRICT – 679 324. BY ADV ABDUL HADI M.P. SR.GP SRI.K.A.NOUSHADTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 467/2023
3
BECHU KURIAN THOMAS, J
......…..................................
Crl.M.C.No.467 of 2023
…..................................
Dated this the 4th day of April, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
counsel for the respondents, apart from the learned Public Prosecutor.
CRL.MC 467/2023
4
petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes
between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC
466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
the 3rd respondent and additional respondents 4 to 7. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the injured witnesses stand by the contents
thereof. I am satisfied that the matter has been settled and no
public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the
CRL.MC 467/2023
5
proceedings will only be an exercise in futility.
C.C.No.74/2021 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna, arising out of Crime
No.217/2019 of Mankada Police Station; are quashed.
The Criminal Miscellaneous case is allowed as above.
BECHU KURIAN THOMAS
AMV/05/04/2023
CRL.MC 467/2023
6
APPENDIX OF CRL.MC 467/2023
PETITION |
ER ANNE |
XURES |
||||
|---|---|---|---|---|---|---|
ANNEXURE |
A1 |
CERTIFIED |
COPY O |
F THE |
FINAL R |
EPORT IN |
CRIME NO. |
217 OF |
2019 |
OF MANKA |
DA POLICE |
||
STATION,10.06.2020 |
MALAPP |
URAM |
DISTRIC |
T DATED |
||
ANNEXURE |
A2 |
TRUE COPY |
OF THE |
MEMOR |
ANDUM OF |
EVIDENCE |
IN CRIME |
NO. 21 |
7 OF |
2019 OF |
MANKADA |
||
POLICE ST |
ATION, |
MAL |
APPURAM |
DISTRICT |
||
(TRUE EXTORIGINAL) |
RACT WDATED N |
RITTEIL |
N DOWN |
FROM THE |
||
ANNEXURE |
A3 |
AFFIDAVITBY DE FACDATED 30.1 |
EVIDENTO COMP2.2022 |
CINGLAINA |
SETTLEMENT/3RD R |
NT SWORNESPONDENT |
ANNEXURE |
A4 |
AFFIDAVITADDITIONAL05.03.2023 |
SWORN4TH |
INR |
BY THEESPONDENT |
PROPOSEDDATED |
ANNEXURE |
A5 |
AFFIDAVIT |
SWORN |
IN |
BY THE |
PROPOSED |
ADDITIONAL05.03.2023 |
5TH |
R |
ESPONDENT |
DATED |
||
ANNEXURE |
A6 |
AFFIDAVITADDITIONAL05.03.2023 |
SWORN6TH |
INR |
BY THEESPONDENT |
PROPOSEDDATED |
ANNEXURE |
A7 |
AFFIDAVITADDITIONAL05.03.2023 |
SWORN7TH |
INR |
BY THEESPONDENT |
PROPOSEDDATED |
TRUE COPY
2 issues framed by the court
Whether the proceedings under Section 143, 147, 148, 323, 324 and 149 IPC can be quashed based on settlement of dispute.
Whether Section 482 Cr.P.C permits quashing of criminal proceedings when the matter is settled and no public interest is involved.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherExplained¶43
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherExplained¶45
Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherExplained¶45
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
2 provisions across 2 enactments
BIJU A.J.
MUHAMMED JABIR
IBRAHIM
SHARAFUDHEEN
HAMZA
KUTTY HASSAN
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court