Ashik @ Mohammed Ashik, (A5) vs State Of Kerala

Kerala High Court

Ashik @ Mohammed Ashik, (A5) vs State Of Kerala on 23 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                   CRL.MC NO. 3987 OF 2024
   CRIME NO.126/2020 OF THODUPUZHA POLICE STATION, IDUKKI
  AGAINST THE ORDER/JUDGMENT DATED IN CC NO.262 OF 2020 OF
            CHIEF JUDICIAL MAGISTRATE ,THODUPUZHA
PETITIONERS/ACCUSED NO.1-7:

    1     ASHIK @ MOHAMMED ASHIK, (A5)
          AGED 24 YEARS, S/O AZEEZKUTTY,
          MUHAYYADHEEN MANZIL, KUNDAYAM PO.
          PATHANAPURAM, KOLLAM DIST., PIN - 689695
    2     VISHNU DEV (A1)
          AGED 26 YEARS, S/O SHANMUGHAM C A,
          CHALAMATTATHIL HOUSE, MUTHALAKODAM PO,
          KUNNAM, THODUPUZHA, IDUKKI DIST., PIN - 685605
    3     KIRAN, (A2)
          AGED 26 YEARS, S/O MADHUSOODHANAN PK,
          PUTHENVEETTIL HOUSE, KOCHUKOICKAL,
          SEETHATHODU, PATHANAMTHITTA DIST., PIN - 689667
    4     RAMSHAD, (A3)
          AGED 26 YEARS, S/O RAFEEK K H,
          KARAYIL HOUSE, MARKET PO, MUVATTUPUZHA,
          ERNAKULAM DIST., PIN - 686673
    5     UMAR FAROOK, (A4)
          AGED 25 YEARS, S/O SHAJI HAMEED,
          OMANNIL HOUSE, ELAPPARA PO.
          IDUKKI DIST., PIN - 685501
    6     AJMAL, (A6)
          AGED 27 YEARS, S/O ABDUL HAKEEM PK,
          PATTERIYIL HOUSE, DESOM PO. ALUVA
          ERNAKULAM DIST., PIN - 683102
    7     JITHU, (A7)
          AGED 28 YEARS, S/O ABRAHAM MARET,
          MARET HOUSE, PUTHUPALLY PO.
          KOTTAYAM DIST., PIN - 686011
          BY ADVS.
          SHIRAZ ABDULLA M.S.
          K.ABDUL NASSAR
 Crl.M.C.No.3987 of 2024
                                :2:



RESPONDENTS/STATE OF KERALA & DEFACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031
     2       ANANDHAN @ ANANDHAN S.,
             AGED 24 YEARS, S/O SAJI, SHINY BHAVAN,
             PIRAVANTHOOR PO, PUNALOOR,
             KOLLAM DIST., PIN - 689696
             BY ADVS.
             SRI.M.S.IMTHIYAZ AHAMMED
             SMT.SREEJA V. (PP)



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3987 of 2024
                                     :3:



                       BECHU KURIAN THOMAS, J.
                    ---------------------------------------
                         Crl.M.C. No.3987 of 2024
                    ---------------------------------------
                    Dated this the 23rd day of May, 2024


                                   ORDER

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

2. Petitioners are accused 1 to 7 in C.C. No.262/2020 on the files of the Chief Judicial Magistrate Court, Thodupuzha, arising out of Crime No.126/2020 of Thodupuzha Police Station, Idukki, registered for the offences under Sections 143, 147, 148 294(b), 323, 324, 341, 506(i) and 427 read with Section 149 of the Indian Penal Code, 1860. The 2 nd respondent is the defacto complainant.

3. According to the prosecution, on 23.01.2020, the accused had formed themselves into an unlawful assembly and assaulted the defacto complainant after abusing and restraining him and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by Crl.M.C.No.3987 of 2024 :4: continuing the proceedings.

6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 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].

7. I have perused Annexure C affidavit filed by 2nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands 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 proceedings will only be an exercise in futility.

8. Accordingly, all proceedings against the petitioners in C.C. No.262/2020 on the files of the Chief Judicial Magistrate Court, Thodupuzha are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE anm Crl.M.C.No.3987 of 2024 :5: APPENDIX OF CRL.MC 3987/2024 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE FIR IN CRIME NO.

126/2020, THODUPUZHA POLICE STATION, IDUKKI DTD 25-01-2020 Annexure B A CERTIFIED COPY OF THE FINAL REPORT IN CJM COURT, THODUPUZHA AS CC NO. 262/2020 DTD 30-01-2020 Annexure C A TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DTD 13-04-2024