Marsook vs State Of Kerala
2021 Latest Caselaw 12035 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

     FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                    Crl.MC.No.1545 OF 2021(C)

 AGAINST THE ORDER/JUDGMENT IN CC 390/2018 OF JUDICIAL MAGISTRATE
                OF FIRST CLASS -I, PERINTHALMANNA

 CRIME NO.797/2017 OF Perinthalmanna Police Station , Malappuram


PETITIONERS/PETITIONERS/ACCUSED:

      1      MARSOOK,
             AGED 21 YEARS
             S/O. MOHAMMEDALI, THEKKEDATH HOUSE, VADAKANGARA,
             THADATHILKUNDU, MALAPPURAM-676 507

      2      MHAMMED SHAHIN,
             AGED 22 YEARS
             S/O. ABDUL RAZAK, KOLAKKADAN HOUSE, KARUPPAMPADY,
             CHAPPANANGADI, MALAPPURAM-676 503

      3      HARSHAD,
             AGED 21 YEARS
             S/O. ASHARAF, PALLIYALIL HOUSE, PANANGANGARA,
             MALAPPURAM-679 321

      4      THABSHIR,
             AGED 22 YEARS
             S/O.ABDUL MAJEED, VALIYAKANDATHIL HOUSE,
             MUNDUPARAMBU, MALAPPURAM-676 509

      5      IRSHAD,
             AGED 25 YEARS
             CHOLAMUKATH HOUSE, MUSLIYARANGADI, KONDOTTY,
             MALAPPURAM, 673 638.

             BY ADV. SRI.MANSOOR.B.H.

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM, 682 031.

      2      STATION HOUSE OFFICER
             PERINTHALMANNA POLICE STATION, MALAPPURAM, 679 321.
 Crl.MC.No.1545 OF 2021(C)

                               2




      3      SHABIR SHIBILI
             AGED 22 YEARS
             S/O. FAISAL, PERINCHIRI HOUSE, KANCHINIKAD,
             MAKKARAPARAMBU, MALAPPURAM-676 507

      4      SREERAJ
             AGED 21 YEARS, S/O. RAJAN, KALLUVAYAL HOUSE, P.O.
             NEERORAM, PANAMARAM, WAYANAD-670 645

      5      SHIFIN SHANU
             AGED 22 YARS, S/O. SHAJU THOMAS, CHERAMANTHIRUTHI
             HOUSE, KURUMBATHURUTH, ERNAKULAM, 683 516

      6      AHAMED ADIL
             AGED 21 YEARS, S/O. HARIF, ALUNGAL HOUSE,
             THEKKUMMURI, ORANGATTERI, AREACODE, MALAPPURAM-673
             639

      7      ARJUN.V.
             AGED 24 YEARS, S/O. UNNIKRISHNAN, VALAVANNOOR
             HOUSE, ARIYALLOOR, VALLIKKUNNU P.O, PARAPPANANGADI,
             MALAPPURAM-673 642

             R3-7 BY ADV. B.H.ANSIL


             GOVERNMENT PLEADER ADV.SRI RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1545 OF 2021(C)

                                     3




                              ORDER

Dated this the 16th day of April 2021

Petitioners are the accused Nos. to 5 in C.C.

No.390/2018 pending trial on the files of Judicial First Class

Magistrate Court-I, Perinthalmanna, arising out of Crime

No.797/2017 of Perinthalmanna Police Station, Malappuram

District, for having allegedly committed the offences

punishable under Sections 143, 147, 148, 341, 323, 324,

325 r/w Section 149 of IPC.

2. The de facto complainant-injured are

respondents 3 to 7 herein, who have appeared through

Adv.B.H.Ansil. They have filed affidavits as Annexure B to F

stating that the matter has been amicably settled and that

they have no existing grievance against the petitioners.

The offences alleged are purely personal in nature and no

serious prejudice will be caused to the public if the

settlement is recognised. Further, possibility of the case

ending in conviction is also very remote, if not impossible

due to the said settlement. Recognising the said settlement

augurs better in the interests of all. Crl.MC.No.1545 OF 2021(C)

3. Reliance can be placed on the decisions in Gian

Singh v. State of Punjab [2012 (4) KLT 108 ],

Narinder Singh and Others v. State of Punjab and

Another [(2014) 6 SCC 466] and Yogendra Yadav and

Others v. State of Jharkhand [(2014) 9 SCC 653] for

recognising the settlement entered into by the parties.

4. In view of the settlement arrived at between the

petitioners and respondents 3 to 7, the petitioners are

entitled to get the proceedings quashed under Section 482

of the Cr.P.C.

In the result, the Crl.M.C. is allowed and the entire

proceedings as against the petitioners in C.C. No.390/2018

pending trial on the files of Judicial First Class Magistrate

Court-I, Perinthalmanna, are quashed under Section 482 of

the Cr.P.C.

Sd/-

BECHU KURIAN THOMAS JUDGE SMF Crl.MC.No.1545 OF 2021(C)

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 797/2017 OF PERINTHALMANNA POLICE STATION.

ANNEXURE B AFFIDAVIT OF THIRD RESPONDENT DATED 26.2.2021.

ANNEXURE C AFFIDAVIT OF FOURTH RESPONDENT DATED 26.02.2021.

ANNEXURE D AFFIDAVIT OF FIFTH RESPONDENT DATED 26.02.2021.

ANNEXURE E AFFIDAVIT OF SIXTH RESPONDENT DATED 26.2.2021.

ANNEXURE F AFFIDAVIT OF SEVENTH RESPONDENT DATED 26.2.2021.

//TRUE COPY// PA TO JUDGE