Kerala High Court
Shibin Ali vs The State Of Kerala on 16 April, 2021
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.1399 OF 2021(D)
AGAINST THE ORDER/JUDGMENT IN SC 834/2020 OF SPECIAL COURT
(ATROCITIES AGAINST SC/ST), MANJERI
CRIME NO.61/2020 OF MANKADA POLICE STATION , MALAPPURAM
PETITIONERS/ACCUSED:
1 SHIBIN ALI, AGED 21 YEARS, S/O.ABOOBACKER,
KORIYATTIL HOUSE, CHERIYAM, MANKADA,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT
2 MUHAMMED FAVAS, AGED 20 YEARS, S/O.AKBARALI,
PALLATTU HOUSE, KOOTTIL P.O., CHERIYAM, MANKADA,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT
3 MUHAMMED ASANUL BENNA, AGED 21 YEARS, S/O.ABBAS,
MANTHEDATH HOUE, KOTTIL P.O., CHERIYAM, MANKADA,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED:
1 THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM KOCHI 682 031
2 THE STATION HOUSE OFFICER, MANKADA POLICE STATION,
MALAPPURAM DISTRICT PIN 679 324
3 SUJEESH, AGED 21 YEARS, S/O.SUNDARAN, ALUMKUNNATH
HOUSE, CHOYIPPADI, KOOTTIL P.O., MANKADA,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT
PIN 679 324
4 SATHEESH.K, AGED 25 YEARS, S/O.SUBRAMANNIYAN K.,
KARAYIL HOUSE, KOOTTIL P.O., MANKADA, PERINTHALMANNA
TALUK, MALAPPURAM DISTRICT PIN 679 324
BY ADVS.
SRI.K.S.PRAVEEN
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 1399/21
2
O R D E R
The petitioners are the accused in S.C.No.834/2020
on the files of the Special Court for SC/ST (POA) Act &
NDPS Cases, Manjeri, arising out of Crime No.61/2020 of
the Mankada Police Station, Malappuram, for having
allegedly committed the offences punishable under
Sections 341, 323, 324, 308, 201 r/w Section 34 IPC.
2. The injured in the instant case are respondents 3
and 4 herein, who have appeared through Adv. K.S
Praveen. Both of them have filed separate affidavits as
Annexures B and C 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. It is also pertinent to note that the
petitioners do not have any criminal antecedents.
Crl MC 1399/21
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 recognizing
the settlement entered into by the parties.
4. In view of the settlement arrived at between the
petitioners and respondents 3 and 4, the genuineness of
which the investigating officer affirms, 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 all
proceedings against the petitioners in S.C.No.834/2020 on
the files of the Special Court for SC/ST (POA) Act & NDPS
Cases, Manjeri, arising out of Crime No.61/2020 of the
Mankada Police Station, Malappuram, stands quashed
under Section 482 of the Cr.P.C.
Sd/-
BECHU KURIAN THOMAS
RR JUDGE
Crl MC 1399/21
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.61/2020 OF THE MANKADA
POLICE STATION
ANNEXURE B AFFIDAVIT SWORN TO BY THE 3RD
RESPONDENT DATED 1.3.2021
ANNEXURE C AFFIDAVIT SWORN TO BY THE 4TH
RESPONDENT DATED 1.3.2021
