Crl.M.C.No.2714/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
CRL.MC NO. 2714 OF 2022
CRIME NO.231/2019 OF Edavanna Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT IN CC 369/2020 OF CHIEF JUDICIAL
MAGISTRATE ,MANJERI
PETITIONERS/ACCUSED:
1 AKSHAY,
AGED 25 YEARS,
S/O.KUNJUTTY, KADERI HOUSE, THANKAYAM, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
2 FASIL,
AGED 26 YEARS,
S/O.HANEEFA, KINATTINGAL HOUSE,
KOLAKKATTIRI, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
3 JISHIN @ MUTHUTTAN,
AGED 29 YEARS,
S/O.SANKARAN, PUTHUKKODAN HOUSE,
POONTHOTTAM, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
4 JALAL,
AGED 33 YEARS,
S/O.ABDULLA, PUTHUKANDATHIL HOUSE,
KOLAKKATTIRI, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
5 SREESHNU,
AGED 22 YEARS,
S/O.SUASH CHANDRA BOS,
AGED 22 YEARS, PALLIKKATHODI HOUSE ,
KOLAKKATTIRI, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
Crl.M.C.No.2714/2022 2
BY ADV K.RAKESH
RESPONDENTS/STATE/DE FACTO COMPLAINANT & INJURED:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
EDAVANNA POLICE STATION,
MALAPPURAM DISTRICT, PIN - 676 541.
3 ABU FAHIS,
AGED 20 YEARS,
S/O.YAKOOB, NALAKATH HOUSE, NILAMBUR TALUK,
KARUNALAYAPADI, WANDOOR,
MALAPPURAM DISTRICT, PIN - 679 328.
4 MUHAMMED NISHAN,
AGED 19 YEARS,
S/O.NISAMUDHEEN,
EMADAN HOUSE, KOTTANPARA, WANDOOR P.O.,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN - 679
328.
5 MUHAMMED RAHEES,
AGED 19 YEARS,
S/O.ABDULLA,
THAZHE PARAMBAN HOUSE, AYANIKODE, PORUR P.O.,
WANDOOR, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679 339.
6 HARSHAN,
AGED 20 YEARS,
S/O.MOHANAN,
PARAYIL HOUSE, NILAMBUR TALUK, VALORINGAL,
PUNNAPPALA P.O., WANDOOR,
MALAPPURAM DISTRICT, PIN - 679 328.
7 FASAL, AGED 20 YEARS,
S/O.SALAM, PATTIKKADAN HOUSE,
Crl.M.C.No.2714/2022 3
PAZHAYA VANIYAMBALAM P.O.,
WANDOOR, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679 339.
BY ADVS.
R1 & R2 BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
R3 TO R7 BY K.S.PRAVEEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.2714/2022 4
ORDER
Petitioners are the accused in Crime No.231 of 2019 of Edavanna Police Station, which is now pending as C.C.No.369 of 2020 on the file of Chief Judicial Magistrate Court, Manjeri. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 341, 323, 324 read with Section 149 IPC.
2. The prosecution case is that on 11.10.2019 at about 16.00 hours, in furtherance of their common object, they assaulted respondents 3 to 7 with dangerous weapons such as stick and vehicle key. Annexure-A is the FIR submitted by the police. Annexure-B is the final report filed. This Crl.M.C is filed by the petitioner for quashing all further proceedings pursuant to Annexure-B final report.
3. Heard Sri.Rakesh K., learned counsel for the petitioners and Sri.C.S.Hrihwik, learned Public Prosecutor for the State and Sri.K.S.Praveen, learned counsel appearing for the respondents 3 to 7.
4. Prayer for quashing the proceedings is sought mainly Crl.M.C.No.2714/2022 5 on the ground that the dispute between the parties has been settled. To substantiate the settlement, Annexures-C, D, E, F and G affidavits sworn by respondents 3 to 7 are filed along with this Crl.M.C. In the said affidavits, the respondents had explicitly acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 3 to 7 also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is mainly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue. Crl.M.C.No.2714/2022 6
In the result, this Crl.M.C. is allowed and Annexure-B final report submitted in crime No.231 of 2019 of Edavanna Police Station and all further proceedings in C.C.No.369 of 2020 on the file of the Chief Judicial Magistrate Court, Manjeri, as against the petitioners herein, are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/20.5.22 Crl.M.C.No.2714/2022 7 APPENDIX OF CRL.MC 2714/2022 PETITIONER ANNEXURES Annexure A A CERTIFIED COPY OF THE FIR IN CRIME NO.231/2019 OF THE EDAVANNA POLICE STATION DATED 14-10-2019 Annexure B A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.231/2019 OF THE EDAVANNA POLICE STATION Annexure C TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED, 20-11-2021 Annexure D TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT DATED, 20-11-2021 Annexure E TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 5TH RESPONDENT DATED, 20-11-2021 Annexure F TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 6TH RESPONDENT DATED, 20-11-2021 Annexure G TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 7TH RESPONDENT DATED, 20-11-2021