IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
CRL.MC NO. 6834 OF 2019
CRIME NO.212/2017 OF KUTTIPURAM POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT IN CC 1811/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,TIRUR
PETITIONERS/ACCUSED 1,2 AND 3:
1 MUHAMMAED FAYAS,
AGED 22 YEARS
S/O.MUHAMMEDALI, KAPPATT, KIZHAKKAYIL HOUSE,
VAANIMEL P.O., VADAKARA, KOZHIKODE DT.
2 MUJUBAL MARAIKKAR,
AGED 22 YEARS
S/O.MUHAMMEDKUTTY, KOODIYIL HOUSE,
KUMBIDI P.O., PALAKKAD DT.
3 MUHAMMED NIKASH AFRIDI,
AGED 22 YEARS
S/O.UMMER FAROOKH, AHAMMEDGHAR,
PANNIYANNOOR, THALASSERY, KANNUR DT.
BY ADVS.
K.R.ARUN KRISHNAN
SMT.DEEPA K.RADHAKRISHNAN
RESPONDENT/STATE OF KERALA AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA,
REP. BY SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE
STATION, MALAPPURAM THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 MUHAMMED ASHIQ,
AGED 22, S/O.ABDUL GAFFAR P.J., PUTHUPPARAMBIL HOUSE,
PATHIRICKAL P.O., PATHANAPURAM, KOLLAM - 689 695.
*3 SHIHAB P
AGED 23 YEARS
S/O HASSAN, PULLAYIL HOUSE,
P.O KANCHIRAMUKKU, MARANCHERRY,
MALAPPURAM DISTRICT, PIN-679584
*4 MUHAMMED SHAHAM
AGED 23 YEARS
S/O ABDUL LATHEEF, PALAKKAL HOUSE, P.O MEPPADI, WAYANAD
CRL. MC NO.6834 OF 2019
2
DISTRICT, PIN-673577
*5 MUHAMMED ASLAM A.P
AGED 23 YEARS
S/O HAMSA, MANNOOPARAMBIL HOUSE, KODAKKAL P.O,
MALAPPURAM DISTRICT, PIN-676108
* ADDITIONAL R3 TO R5 IMPLEADED AS PER ORDER DATED
06.02.2020 IN CRL.M.A.2/2020 IN CRL.M.C.6834/2019.
BY ADVS.
SMT.NIMA JACOB, GOVERNMENT PLEADER
SRI.N.L.BITTO
SRI.JITHIN BABU A
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL. MC NO.6834 OF 2019
3
ORDER
Dated this the 03rd day of June, 2022 The petitioners are the accused Nos. 1 to 3 in Crime No.212/2017 of Kuttipuram Police Station which is now pending as C.C. No.1811/2017 before the Judicial First Class Magistrate Court-I, Tirur. The offences alleged against the petitioners are under Sections 341, 323, 324 read with Section 34 of the Indian Penal Code (IPC).
2. The prosecution case is that, on 15.09.2017, at about 12.45 pm, the accused along with some identifiable persons formed themselves into an unlawful assembly and assaulted respondents 2 to 5. Annexure-A1 is the F.I.R. and Annexure-A2 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2 final report.
CRL. MC NO.6834 OF 2019 4
3. Heard Sri.K.R.Arun Krishnan, the learned counsel appearing for the petitioners, Smt.Nima Jacob, the learned Public Prosecutor appearing for the 1st respondent and Sri. N.L.Bitto, the learned counsel appearing for the respondents 2 to 5.
4. The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexures A3 to A6 affidavit sworn by respondents 2 to 5 are produced. The fact of settlement is acknowledged in the aforesaid affidavits and it is also specifically stated that the respondents 2 to 5 have no subsisting grievances against the petitioners herein. The respondents 2 to 5 also clearly expressed their no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the respondents 2 to 5 also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein. The learned Public Prosecutor upon instructions submits CRL. MC NO.6834 OF 2019 5 that the veracity of the settlement is verified by the Station House Officer concerned by recording the statement of de facto complainant and found to be genuine.
5. On going through the nature of allegations as contained in Annexure-A2 final report, it can be seen that the dispute is basically private in nature. No serious offences are attributed against the petitioners. Considering the settlement arrived at between the parties, the chances of a successful prosecution are very bleak and hence no fruitful purpose would be served if the proceedings is allowed to continue. 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 Cr.P.C. can be invoked.
Accordingly this Crl.M.C. is allowed. All further proceedings in C.C.No.1811/2017 pending before the CRL. MC NO.6834 OF 2019 6 Judicial First Class Magistrate Court-I, Tirur pursuant to Crime No.212/2017 of Kuttipuram Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE SKP/3.6 CRL. MC NO.6834 OF 2019 7 APPENDIX OF CRL.MC 6834/2019 PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NUMBER 212/2017 ON THE FILE OF KUTTIPPURAM POLICE STATION, MALAPPURAM DATED 16/09/2017. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE INVESTIGATION OFFICER BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT-I, TIRUR IN CC NO.1811/2017 DATED 19/10/2017. ANNEXURE A3 THE AFFIDAVIT OF THE DE-FACTO COMPLAINANT/2ND RESPONDENT DATED 26/07/2019.
ANNEXURE A4 AFFIDAVIT SWORN BY SHIHAB P. ANNEXURE A5 AFFIDAVIT SWORN BY MUHAMMED SHAHAM ANNEXURE A6 AFFIDAVIT SWORN BY MUHAMMED ASLAM A.P. RESPONDENTS' ANNEXURES: NIL TRUE COPY P.A.TO JUDGE