Kerala High Court
Mashood.K.K vs The State Of Kerala on 9 April, 2021
Crl.MC.1322/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
Crl.MC.No.1322 OF 2021(E)
AGAINST THE ORDER/JUDGMENT IN CC 1108/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -V,KOZHIKODE
CRIME NO.361/20107 OF Feroke Police Station , Kozhikode
PETITIONER/S:
1 MASHOOD.K.K
AGED 26 YEARS
S/O. BEERAN.K.K., KOTTAPARAMB HOUSE, KONGAD,
P.O.KONDOTTY, MALAPPURAM-673 638
2 THAJUDHEEN.K.,
AGED 23 YEARS
KAPPIL HOUSE, CHEROOR P.O., VENGARA, MALAPPURAM-676
304
3 ANEES
AGED 22 YEARS
BAITHUL HAMINABI HOUSE, PAPPINASSERY P.O., KANNUR-
670 561
4 SAHAMSEER.M.,
AGED 25 YEARS
S/O. SHAMSUDHEEN.K.T., BAITHUL SHAMS HOUSE,
SAIDHAPALLI, KOTTALI P.O., KANNUR-670 005
5 JUNAIDH
AGED 23 YEARS
S/O. IBRAHIM, THEKE KANDANOOR HOUSE, VALYAPALLY
P.O., VATAKARA, KOZHIKODE-673 101
6 MUHAMMED AFREEN THUHMAN
AGED 22 YEARS
S/O. ISMAIL, MARVANIVAS HOUSE, PALLIKKARA P.O.
THIKKODI, KOZHIKODE-6573 529
7 MUHAMMED ANFAS
AGED 22 YEARS
S/O.MUHAMMED HANEEFA, ATHIKKAL HOUSE,
CHENAKALANGADI P.O., THENJIPALAM, MALAPPURAM-673
Crl.MC.1322/21 2
636
8 ADHIL JAHAN
AGED 23 YEARS
S/O. NOUSHAD, THAYIL HOUSE, CHUNGAM, KARUVARAKKUNU,
PUNNAKAD, MALAPPURAM-676 523
BY ADVS.
SRI.SRINATH GIRISH
SRI.P.JERIL BABU
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
2 MUHAMMED SUHAIL
S/O. MUHAMMED.K., KOTTUVATTA HOUSE, PANNUR,
KIZHAKOTHU P.O., KODUVALLY, KOZHIKODE-673 572
R2 BY ADV. HALVI K.S.
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.1322/21 3
V.G.ARUN, J.
-----------------------------------------------
CRL.M.C.No. 1322 of 2021
-----------------------------------------------
Dated this the 9th day of April, 2021
ORDER
Petitioners are the accused in Crime No. 361 of 2017 registered
at the Feroke Police Station for offences punishable under Sections
143, 147, 148, 323, 324 and 506(ii) read with 149 of IPC, now pending
as C.C.No. 1108 of 2017 on the files of the Judicial First Class
Magistrate Court-V, Kozhikode. The de facto complainant, at whose
instance the crime was registered, is arrayed as the 2 nd respondent.
Annexure A5 affidavit has been filed by 2 nd respondent stating that the
dispute, which led to registration of the crime, has been settled
amicably and that he has no subsisting grievance in the matter.
2. Heard the learned Public Prosecutor also, who, on instructions,
submits that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences alleged, nature
of the injury caused and having perused the affidavit filed by the 2 nd
respondent, the contents of which are submitted to be true and
voluntary, I am satisfied that the dispute is settled and that no public
interest is involved in this matter. Moreover, in view of the settlement,
possibility of the criminal proceedings ending in conviction is remote.
As such, continuance of the proceedings will amount to an abuse of
process of court and hence, in view of the legal position set out by the
Honourable Supreme Court in Madan Mohan Abbot v. State of
Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and
another [(2012) 10 SCC 303], there is no impediment in granting the
relief sought.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.
1108 of 2017 on the files of the Judicial First Class Magistrate Court-V,
Kozhikode is quashed.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 CERTIFIED COPY OF THE FIS IN CRIME
NO.361/2017 OF FEROKE POLICE STATION,
KOZHIKODE
ANNEXURE-A2 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT NO.361/2017 DATED 06.06.2017 OF
FEROKE POLICE STATION, KOZHIKODE
ANNEXURE-A3 CERTIFIED COPY OF THE FINAL REPORT
ANNEXURE-A4 CERTIFIED COPY OF THE MEMORANDUM OF
EVIDENCE
ANNEXURE-A5 AFFIDAVIT DATED 01.02.2021 SUBMITTED BY THE
2ND RESPONDENT
