Khalid vs State Of Kerala
2021 Latest Caselaw 23860 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MRS. JUSTICE M.R.ANITHA
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA,
                             1943
                 CRL.MC NO. 5933 OF 2020
CRIME NO.973/2018 OF POOCHAKKAL POLICE STATION, ALAPPUZHA
 CC 2104/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II,
                        CHERTHALA
PETITIONERS/ACCUSED NO.1 & 2:

    1    KHALID, AGED 72 YEARS
         S/O.MUHAMMED, KEETODIYIL HOUSE, ANNALATHOD WEST,
         WARD NO.8, PANAVALLY PANCHAYATH, PANAVALLY P.O.,
         CHERTHALA, ALAPPUZHA.

    2    SIYAD, AGED 43 YEARS
         S/O.KHALID, KEETODIYIL HOUSE, ANNALATHOD WEST,
         WARD NO.8, PANAVALLY PANCHAYATH, PANAVALLY P.O.,
         CHERTHALA, ALAPPUZHA.

         BY ADV M.IFAIZAL



RESPONDENTS/DE FACTO COMPLAINANT:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
         KERALA, ERNAKULAM.

    2    SUB INSPECTOR OF POLICE,
         POOCHAKAL POLICE STATION, CHERTHALA.

    3    ANWAR SADATH
         AGED 49 YEARS
         S/O.AMMUNNI, KEETODIYIL HOUSE, PANAVALLY P.O.,
         CHERTHALA, ALAPPUZHA.
 CRL.MC NO. 5933 OF 2020

                                ..2..

    4          SEENATH,
               AGED 44 YEARS
               W/O.ANWAR SADATH, KEETODIYIL HOUSE, PANAVALLY
               P.O., CHERTHALA, ALAPPUZHA.

    5          FATHIMA,
               AGED 69 YEARS
               W/O.AMMUNNI, KEETODIYIL HOUSE, PANAVALLY P.O.,
               CHERTHALA, ALAPPUZHA.

           BY ADVS.
           SRI.ABDUL JALEEL.A
           SMT.M.A.SULFIA




        THIS     CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR
ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 CRL.MC NO. 5933 OF 2020

                                  ..3..



                                JUDGMENT

This Crl.M.C. has been filed seeking to quash the

entire further proceedings against the

petitioners/accused in CC No. 2104 of 2018 on the

file of the Judicial First Class Magistrate

Court-II, Cherthala, registered for the offences

punishable under Sections 323 & 324 r/w Section

34 of the Indian Penal Code, which arose from

Crime No. 973 of 2018 of Poochakal Police

Station.

2. The petitioners are accused 1 and 2 in the crime

and the 3rd respondent is the de facto complainant

and respondents 4 & 5 are the other injured

persons. Annexure A1 is the certified copy of the

final report. Annexure A2 is the certified copy

of the FIR and Annexures A3, A4 & A5 are the

affidavits sworn in by the de facto

complainant/3rd respondent and respondents 4 & 5

respectively.

3. It is submitted by the learned counsel for the CRL.MC NO. 5933 OF 2020

..4..

petitioners that the petitioners have amicably

settled the entire issues with the de facto

complainant/3rd respondent and respondents 4 & 5.

4. Adv.S.Abdul Jaleel appeared on behalf of the de

facto complainant/3rd respondent and respondents

4 & 5 and reported about the settlement arrived

at between the parties.

5. The learned Public Prosecutor produced copy of

the report of the Sub Inspector of Police,

Poochakkal Police Station along with a copy of

the signed statement of the de facto

complainant/3rd respondent.

6. It has come out from the affidavits duly sworn in

by respondents 3 to 5 as well as the copy of the

signed statement of the de facto complainant

given to the SHO that the entire issues between

the petitioners and the 3rd respondent/de facto

complainant and respondents 4 and 5 have been

amicably settled between the parties out of court

and they have no surviving grievance against the

petitioners and they have no intention to proceed CRL.MC NO. 5933 OF 2020

..5..

with the matter.

7. Since the entire issues between the parties have

been amicably settled out of court, there is no

impediment in quashing the proceedings against

the petitioners and further continuance of the

proceedings against them will be an abuse of

process of court. No public interest is involved

and the issues are purely personal in nature.

Therefore, I am of the view that it is only just

and proper to quash the entire proceedings in CC

No. 2104 of 2018 on the file of the Judicial

First Class Magistrate Court-II, Cherthala, which

arose from Crime No. 973 of 2018 of Poochakal

Police Station. It is ordered accordingly.

In the result, Crl.M.C. stands allowed.

Sd/-

M.R.ANITHA

JUDGE Bka/04.12.2021 CRL.MC NO. 5933 OF 2020

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APPENDIX OF CRL.MC 5933/2020

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.2104/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, CHERTHALA.

ANNEXURE A2 CERTIFIED COPY OF FIR IN CRIME NO.973/2018 OF POOCHAKAL POLICE STATION.

ANNEXURE A3 AFFIDAVIT OF 3RD RESPONDENT.

ANNEXURE A4 AFFIDAVIT OF 4TH RESPONDENT.

ANNEXURE A5 AFFIDAVIT OF 5TH RESPONDENT.