Crl.M.C.No1649/2022 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. 1649 OF 2022
CRIME NO.186/2019 OF MELPARAMBA POLICE STATION, Kasargod
AGAINST THE ORDER/JUDGMENT IN CC 824/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,HOSDRUG
PETITIONER/ACCUSED:
1 MUHAMMED ANWAR.K.A.,
AGED 21 YEARS,
SON OF ABDULLAKUNHI,
KALLADA HOUSE, MELPARAMBA, CHEMMANAD VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT., PIN - 671 317.
2 MUHAMMED SAJJAD,
AGED 21 YEARS,
SON OF DAVOOD,
C.K.HOUSE, CHEMBARIKKA, KALANAD VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671 317.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 ABDUL HAKEEM.K.M.,
AGED 21 YEARS,
SON OF ABDUL KHADER.M.K,
KOMBAMPARA HOUSE, KALANAD.P.O, KALANAD VILLAGE,
KASARAGOD DISTRICT, PIN - 671 317.
BY ADV VIPIN T JOSE
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.No1649/2022 2
ORDER
The petitioners are accused in Crime No.186 of 2019 of Melparamba Police Station, Kasaragod, which is now pending as C.C.No.824 of 2019 on the file of the Judicial First Class Magistrate Court-II, Hosdurg. The offences alleged against them are under Section 143, 147, 148, 341, 323, 324, 506(i) read with 149 IPC.
2. The prosecution case is that on 22.08.2019 at 15.30 hours, the petitioners and thirteen others assaulted the 2 nd respondent and threatened him. Annexure-AI is the FIR and Annexure-AII is the final report submitted by the police against petitioners herein. It is also revealed that some of the other accused were juveniles and therefore, separate proceedings are in progress against them before the Juvenile Justice Board. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-AI FIR.
3. Heard Sri.A.Arunkumar, learned counsel for the petitioners, Sri.Vipin T.Jose, learned counsel for the 2 nd respondent and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Crl.M.C.No1649/2022 3 To substantiate the settlement, Annexure-AIII affidavit sworn by the 2nd respondent is filed along with this Crl.M.C. In the said affidavit, the respondent 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 2nd respondent 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.
In the result, this Crl.M.C. is allowed and Annexure-AII final report submitted in Crime No.186 of 2019 of Melparamba Police Station and all further proceedings in C.C.No.824 of 2019 on the file Crl.M.C.No1649/2022 4 of the Judicial First Class Magistrate Court-II, Hosdurg, as against the petitioners herein, are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/20.5.22 Crl.M.C.No1649/2022 5 APPENDIX OF CRL.MC 1649/2022 PETITIONER ANNEXURES Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO.186 OF 2019 OF MELPARAMBA POLICE STATION Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 186 OF 2019 OF MELPARAMBA POLICE STATION Annexure AIII AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2