Sahad M.A. @ Malik vs The State Of Kerala
2021 Latest Caselaw 16682 Ker

                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. 3238 OF 2021
            CRIME NO.681/2017 OF BADIADKA POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CC 213/2018 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -II, KASARAGOD
PETITIONER/S:

     1     SAHAD M.A. @ MALIK
           AGED 24 YEARS
           S/O.AHAMMED, RESIDING AT ETHIRTHODU, PADY VILLAGE,
           KASARAGOD DISTRICT - 671 543.

     2     RIYAS
           AGED 33 YEARS
           S/O.HAMSA, RESIDING AT SALATHADUKKA, CHOORIPALLAM,
           NEKRAJE VILLAGE AND POST, KASARAGOD DISTRICT - 671 543.

           BY ADVS.
           T.MADHU
           C.R.SARADAMANI



RESPONDENT/S:

     1     THE STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM - 682 031.

     2     THE STATION HOUSE OFFICER
           BADIADKA POLICE STATION, KASARAGOD DISTRICT - 671 551.
 Crl.M.C.No. 3238 of 2021

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      3        NAVAS T.K.
               AGED 34 YEARS
               S/O.ABDUL RAHIMAN, RESIDING AT ANGARAMOOLA, MAVINAKATTA,
               NEKRAJE VILLAGE AND POST, KASARAGOD TALUK,
               KASARAGOD DISTRICT - 671 543.

      4        ABDUL NIZAM @ IJAM
               AGED 28 YEARS
               S/O.ABDULLA, RESIDING AT MAVINAKATTA,
               NEKRAJE VILLAGE AND POST, KASARAGOD TALUK,
               KASARAGOD DISTRICT - 671 543.

               R1-R2 BY SRI.T.R.RENJITH-SR PP

               R3-R4 BY ADV THOMAS JOHN P.



OTHER PRESENT:




      THIS    CRIMINAL     MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No. 3238 of 2021

                                     3




                               O R D E R

Dated this the 11th of August 2021

The petitioners are accused 1 and 2 in Crime

No.681/2017 of Badiadka Police Station for having allegedly

committed the offences punishable under Sections 341, 323,

324 and 506(ii) read with Section 34 of the I.P.C. The

final report has been filed and the case is now pending as

C.C.No.213/2018 on the files of the Judicial First Class

Magistrate Court-II, Kasaragod.

2. The de facto complainant/injured are respondents 3

and 4. The petitioners state that the matter has been

settled with the de facto complainant, and therefore, they

seek quashing of the proceedings. Respondents 3 and 4 have

appeared through a Counsel and filed affidavits at

Annexures A4 and A5 stating that they have no objection in

quashing the proceedings against the petitioners since the

matter has been settled.

3. The learned Public Prosecutor points out that the

1st accused has criminal antecedents and he is involved in Crl.M.C.No. 3238 of 2021

two other crimes for offences under Section 307 of the

I.P.C. and under the Arms Act. There is no criminal

antecedents as against the 2nd petitioner. Considering the

fact that the main offences involved in this crime are

under Sections 323 and 324 and it has been settled with the

de facto complainant, the presence of two cases against the

1st respondent shall not stand as an embargo in accepting

the prayer for quashing the proceedings.

Resultantly, the Crl.M.C. is allowed and the entire

proceedings as against the petitioners in Crime No.681/2017

of Badiadka Police Station, presently pending as

C.C.No.213/2018 on the files of the Judicial First Class

Magistrate Court-II, Kasaragod, 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.No. 3238 of 2021

APPENDIX OF CRL.MC 3238/2021

PETITIONER ANNEXURE

Annexure A1 TRUE CERTIFIED COPY OF THE FIR DATED 9/12/2017 IN CRIME NO.681/2017 OF BADIADKA POLICE STATION.

Annexure A2 TRUE CERTIFIED COPY OF THE FINAL REPORT DATED 5/3/2018 IN CRIME NO.681/2017 OF BADIADKA POLICE STATION, KASARAGOD DISTRICT.

Annexure A3 TRUE CERTIFIED COPY OF THE MEMO OF EVIDENCE IN CRIME NO.681/2017 OF BADIADKA POLICE STATION.

Annexure A4 AFFIDAVIT DATED 17/5/2021 SWORN IN BY THE THIRD RESPONDENT.

Annexure A5 AFFIDAVIT DATED 17/5/2021 SWORN IN BY THE FOURTH RESPONDENT.