Kerala High Court
Hassankoya vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73308
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 6623 OF 2024
CRIME NO.218/2005 OF Tirur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.423 OF 2019 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, TIRUR
PETITIONER/ACCUSED NO.11:
HASSANKOYA
AGED 43 YEARS
S/O. ABOOBACKER, MOOSANTE PURAKKAL HOUSE,
VADIKKAL, KOOTTAYI POST, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676562
BY ADV
BINU V V VEETTIL VALAPPIL
RESPONDENTS/STATE AND SON OF DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SALIM
AGED 48 YEARS
S/O LATE PAREEKUTTY, CHECHANTE PURAKKAL HOUSE,
PURATHUR, PANDAI POST, TIRUR TALUK,
MALAPPURAM DISTRICT., PIN - 679562
BY ADV
MANEKSHA D.
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6623 OF 2024 2
2024:KER:73308
BECHU KURIAN THOMAS, J.
--------------------------------------
Crl.M.C No.6623 of 2024
---------------------------------------
Dated this 3rd day of October, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528 BNSS to quash all proceedings against him.
2. Petitioner is the 11th accused in S.C No.423 of 2019 on the files of the Assistant Sessions Court, Tirur arising out of Crime No.218 of 2005 of Tirur Police Station. 2nd respondent is the defacto complainant.
3. According to the prosecution, the accused had on 06.04.2005 formed themselves into an unlawful assembly armed with deadly weapons and in furtherance of their common intention to murder CW1 restrained him due to a political rivalry and caused hurt by assaulting him with iron pipes and swords and thereby committed the offences under Sections 143, 147, 148, 341, 324, and 307 r/w Section 149 of IPC.
4. Heard the learned counsel for the petitioner and the learned counsel for the respondent, apart from the learned Public Prosecutor.
CRL.MC NO. 6623 OF 2024 3
2024:KER:73308
5. The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by 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 A5 affidavit filed by the son of the defacto complainant. As far as accused Nos.2, 8 and 11 in the original crime No.218/2005 are concerned, they had not appeared and therefore their case was not committed to the Sessions Court. In the meantime, case against the remaining accused was committed to the Sessions Court but was later permitted to be withdrawn by order of the Sessions Court on 22.10.2008. Therefore, the petitioner being the 11th accused, whose case was later committed to the Sessions CRL.MC NO. 6623 OF 2024 4 2024:KER:73308 Court and numbered as S.C No.423/2019 of the Assistant Sessions Court, Tirur, stands on the same footing as that of those co-accused, whose case was permitted to be withdrawn. The defacto complainant has also settled the disputes.
8. Having regard to the circumstances mentioned above, I am satisfied that, in view of the settlement as well as the withdrawal petition filed in respect of other accused, no purpose would be achieved by continuing the prosecution and therefore nothing prevents this Court from acting upon the settlement arrived at with the 2nd respondent herein.
9. Accordingly, the proceedings against the petitioner in S.C No.423/2019 on the files of the Assistant Sessions Court, Tirur arising out of Crime No.218/2005 of Tirur Police Station is hereby quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE MSA CRL.MC NO. 6623 OF 2024 5 2024:KER:73308 APPENDIX OF CRL.MC 6623/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY FIR REGISTERED BY THE TIRUR POLICE IN CRIME NO. 218/2005 Annexure A2 TRUE COPY FINAL REPORT IN CRIME NO.
218/2005 OF TIRUR POLICE.
Annexure A3 TRUE COPY OF JUDGMENT ISSUED BY THE HON'BLE ASSISTANT SESSIONS COURT TIRUR IN S.C. 30/2008 ALONG WITH THE ORDER ISSUED BY THE HON'BLE ASSISTANT SESSIONS COURT TIRUR IN CRL.M.P. 196/2008 DATED 22/10/2008 Annexure A4 TRUE COPY OF THE DEATH CERTIFICATE ISSUED TO THE 2ND RESPONDENT BY THE PURATHUR GRAMA PANCHAYAT DATED 24/02/2023 Annexure A5 AFFIDAVIT EXECUTED BY 2ND RESPONDENT/THE SON OF THE DEFACTO COMPLAINANT DATED 12/06/2024