Nooman K.H vs State Of Kerala
2021 Latest Caselaw 12142 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE K.HARIPAL

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                    Crl.MC.No.1748 OF 2021(G)

AGAINST THE ORDER/JUDGMENT IN CC 1768/2017 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I,HOSDRUG

      CRIME NO.792/2017 OF Hosdurg Police Station , Kasargod


PETITIONERS/ACCUSED 1 TO 6 :

      1      NOOMAN K.H.
             AGED 25 YEARS
             S/O. ABDUL RAHMAN,
             SHAMEEMA MANZIL,
             BALLA KADAPPURAM,
             HOSDURG, KASARGOD

      2      MUHAMMEDALI.M.K.,
             AGED 28 YEARS
             S/O. ISMAIL,
             FATHIMA MANZIL, KMCI/120,
             BALLA KADAPPURAM,
             HOSDURG, KASARGOD

      3      ASHKAR T.M.,
             AGED 29 YEARS
             S/O. ITTAMMAL ABDULLA,
             MAILAKIRIYATH (H),
             GARDER VALAPPY,
             BALLA KADAPPURAM,
             HOSDURG, KASARGOD

      4      RASHID.C.H.,
             AGED 31 YEARS
             ABDULLA.C.H.,
             A.K.HOUSE,
             BALLA KADAPPURAM,
             HOSDURG, KASARGOD

      5      SHAKKIR .M.,
             AGED 24 YEARS
             S/O. ABDULLA,
             NOORANIYA MANZIL,
             BALLA KADAPPURAM,
             HOSDURG, KASARGOD
 Crl.MC.No.1748 OF 2021

                                  2

       6      MUSHTAQ.K.H.,
              AGED 23 YEARS
              S/O. HAMEED.K.H.,
              MUSTHAQ MANZIL,
              BALLA KADAPPURAM,
              HOSDURG, KASARGOD

              BY ADVS.
              SRI.RAHUL SASI
              SMT.NEETHU PREM
              SHRI.VIVEK.P.K

RESPONDENTS/STATE & COMPLAINANT:

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

       2      ABDUL BASITH
              AGED 28 YEARS
              S/O. ABOOBACKER,
              DARUL RAHIMAN MANZIL,
              NEAR IQBAL HIGH SCHOOL,
              AJANUR VILLAGE,
              HOSDURG TALUK,
              KASARGOD-671 315

              R2 BY ADV. NIRMAL V NAIR

                R1 BY PP - SMT.MAYA M.M

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1748 OF 2021

                                     3




                               ORDER

This is an application filed under Section 482 of the

Code of Criminal Procedure, seeking to quash the Annexure-

A1 final report in Crime No.792/2017 of Hosdurg Police

Station, which was registered on the basis of the first

information statement given by one Abdul Basith alleging

offence punishable under Sections 143,147,148,341,324 read

with 149 of IPC.

2. After completion of the investigation, a charge sheet has

been laid before the Judicial First Class Magistrate-I, Hosdurg,

where the case was taken on file as C.C.1768/2017. There are six

accused in the final report and all of them have joined this

Criminal M.C seeking to quash the final report.

3. I heard the learned counsel for the petitioners and also

Adv. Sri.Nirmal V Nair for the second respondent. The learned

Public Prosecutor submits that he has no information regarding the

settlement.

Crl.MC.No.1748 OF 2021

4. The counsel for the second respondent has endorsed the

affidavit filed by the defacto complainant, where he has expressly

stated that the matter has been settled among the parties and he

has been paid sufficient compensation in lieu of the settlement.

5. There is no public interest involved in the matter. It

appears that it was purely a personal dispute between the

petitioners on the one hand and the second respondent/defacto

complainant on the other. Therefore, there is no legal impediment

in quashing the proceedings. When the parties themselves reach a

settlement and approach this Court for quashment of the

proceedings, High Court cannot refuse to exercise its jurisdiction

under Section 482 of the Cr.P.C. Such settlements would only

advance peace and harmony in the society, besides lesser the

burden of the Court. In the circumstances, the Annexure-A1 final

report shall stand quashed.

The petition is allowed as above.

Sd/-

K.HARIPAL JUDGE Jms/20.04 Crl.MC.No.1748 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE-A1 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.792 OF 2017 OF HOSDURG POLICE STATION

ANNEXURE-A2 ORIGINAL COPY OF THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 08.03.2021

//True Copy// P.A to Judge