Kerala High Court
Muhammed vs Sajith on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
CRL.MC NO. 3372 OF 2021
CRIME NO.922/2015 OF CHERPULASSERY POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 1070/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - I, OTTAPPALAM, PALAKKAD
PETITIONER/S:
1 MUHAMMED,
AGED 56 YEARS
S/O.RAYAN, KUNNATHPEEDIKA HOUSE, POMBILAYA P.O.,
CHERPULASSERY, PALAKKAD DISTRICT-679 335.
2 ABDUL KHADER,
S/O.ABOOBACKER, AGED 41 YEARS, KUNNATHPEEDIKAKKAL HOUSE,
PULAKKAD, NELLAYA P.O., CHERPULASSERY,
PALAKKAD DISTRICT-679 335.
3 SUBAIR,
S/O.MUHAMMED, AGED 24 YEARS, KUNNATHPEEDIKAKKAL HOUSE,
PULAKKAD, NELLAYA P.O., CHERPULASSERY,
PALAKKAD DISTRICT-679 335.
4 SUBAIR,
S/O.ABDUL KHADER, AGED 23 YEARS, KUNNATHPEEDIKAKKAL
HOUSE, PULAKKAD, NELLAYA P.O., CHERPULASSERY,
PALAKKAD DISTRICT-679 335.
5 SALMAN FARIS,
S/O.BAPPUTTI, AGED 24 YEARS, AINIKKATHODI HOUSE,
PULAKKAD, NELLAYA P.O., CHERPULASSERY, PALAKKAD DISTRICT-
679 335.
6 JASEEL,
S/O.SAINUDEEN, AGED 23 YEARS, AINIKKATHODI HOUSE,
PULAKKAD, NELLAYA P.O., CHERPULASSERY, PALAKKAD DISTRICT-
679 335.
BY ADV MUHAMMED IBRAHIM ABDUL SAMAD
Crl.M.C.Nos.3372 & 3386 of 2021
2
RESPONDENT/S:
1 SAJITH,
AGED 25 YEARS
S/O.SREEDHARAN, VATTAMKANDATHIL HOUSE, POMBILAYA P.O.,
CHERPULASSERY, PALAKKAD DISTRICT-679 335.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-31.
R1 BY ADV P.G.GOKULNATH
R2 BY SRI.T.R.RENJITH-SR PP
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.08.2021, ALONG WITH Crl.MC.3386/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl.M.C.Nos.3372 & 3386 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
CRL.MC NO. 3386 OF 2021
CRIME NO.1052/2015 OF CHERPULASSERY POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 1589/2015 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - I, OTTAPPALAM, PALAKKAD
PETITIONER/S:
1 JIMSHAD
S/O.BASHEER, AGED 27 YEARS,
PULIKKAL HOUSE, PULAKKAD, NELLAYA P.O.,
CHERPULASSERY, PALAKKAD DISTRICT - 679335.
2 MUHAMMEDALI
S/O.ABOOBACKER, AGED 31 YEARS,
PARAKKATHODI HOUSE, NELLAYA P.O., CHERPULASSERY,
PALAKKAD DISTRICT - 679 335.
3 MUHAMMED GAFOOR
S/O.KUTTYHASSAN, AGED 31 YEARS,
AMBALAPPARAMBIL HOUSE, NELLAYA P.O,
CHERPULASSERY, PALAKKAD DISTRICT - 679 335.
4 YOUNUS
S/O.KOYAMU, AGED 40 YEARS,
PARAKKATHODI HOUSE, NELLAYA P.O., CHERPULASSERY,
PALAKKAD DISTRICT - 679335
5 SAJITH
S/O.SREEDHARAN, AGED 25 YEARS,
VATTAMKANDATHIL HOUSE, POMBILAYA P.O.,
CHERPULASSERY, PALAKKAD DISTRICT 679 335.
BY ADV P.G.GOKULNATH
Crl.M.C.Nos.3372 & 3386 of 2021
RESPONDENT/S:
1 MUHAMMED
S/O.RAYAN, AGED 56 YEARS,
KUNNATHPEEDIKA HOUSE,
POMBILAYA P.O., CHERPULASSERY,
PALAKKAD DISTRICT - 679 335.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 31.
R1 BY ADV MUHAMMED IBRAHIM ABDUL SAMAD
R2 BY SRI.T.R.RENJITIH-SR PP
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.08.2021, ALONG WITH Crl.MC.3372/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl.M.C.Nos.3372 & 3386 of 2021
COMMON ORDER
[Crl.MC Nos.3372/2021, 3386/2021]
Dated this the 11th of August 2021
The petitioners in Crl.M.C.No.3372/2021 are accused 1
to 6 in Crime No.922/2015 of Cherpulassery Police Station
for having allegedly committed the offences punishable
under Sections 143, 147, 148, 341, 323 and 324 read with
Section 149 of the I.P.C. The final report has been filed
and the case is now pending as C.C.No.1070/2016 on the
files of the Judicial First Class Magistrate Court,
Ottappalam. There is also a counter-case against the de
facto complainant in Crime No.922/2015 and other accused
persons, which is registered as Crime No.1052/2015 of the
same Police Station for offences under Sections 143, 147,
447, 294(b), and 506(i) read with Section 149 of the I.P.C.
The de facto complainant in Crime No.922/2015 is the 5th
accused in Crime No.1052/2015. The de facto complainant in
Crime No.1052/2015 is the 1st accused in Crime No.922/2015.
2. The petitioners and the de facto complainant have
amicably settled the dispute between them. The offences
Crl.M.C.Nos.3372 & 3386 of 2021
are not grave. The de facto complainant/injured have
appeared through Counsel and filed affidavits stating that
they have no objection in quashing the proceedings against
the petitioners.
3. The learned Public Prosecutor has also got
instructions regarding the genuineness of the settlement.
The petitioners have no criminal antecedents. No public
interest is involved.
Resultantly, the Crl.M.Cs. are both allowed and the
entire proceedings as against the petitioners in Crime
Nos.922/2015 and 1052/2015 of Cherpulassery Police Station,
presently pending as C.C.Nos.1070/2016 and 1589/2015
respectively on the files of the Judicial First Class
Magistrate Court, Ottappalam, shall stand quashed under
Section 482 of Cr.P.C. and the petitioners are discharged
and set at liberty.
Sd/-
ASHOK MENON
JUDGE
dkr
Crl.M.C.Nos.3372 & 3386 of 2021
APPENDIX OF CRL.MC 3386/2021
PETITIONER ANNEXURE
ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME
NO.1052/2015 OF CHERUPULASSERY POLICE.
ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1052/2015 OF CHERPULASSERY POLICE.
ANNEXURE 3 AFFIDAVIT FILED BY 1ST RESPONDENT DATED
15/3/2021
Crl.M.C.Nos.3372 & 3386 of 2021
APPENDIX OF CRL.MC 3372/2021
PETITIONER ANNEXURE
Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO.922/2015
OF CHERPULASSERY POLICE.
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.922/2015 OF CHERPULASSERY POLICE.
Annexure 3 AFFIDAVIT FILED BY 1ST RESPONDENT DATED
15.03.2021.
