Kerala High Court
Shahees Usman vs State Of Kerala on 3 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
Crl.MC.No.401 OF 2021(A)
AGAINST THE ORDER/JUDGMENT IN CC 1470/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,TIRUR
CRIME NO.256/2019 OF KUTTIPURAM POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO. 1 TO 9:
1 SHAHEES USMAN
AGED 22 YEARS
S/O. USMAN, MES ENGINEERING COLLEGE, KUTTIPURAM,
MALAPPURAM DISTRICT, PARAMBAD HOUSE, TANALUR P.O.,
CHUNGAM, MALAPPURAM DISTRICT, KERALA, PIN-676307
2 MUHAMMED FARZIN,
AGED 21 YEARS
S/O.ABDUL RAZAK, MES ENGINEERING COLLEGE, KUTTIPURAM,
MALAPPURAM DISTRICT, KARIYATTIL HOUSE, MANIYUR P.O.,
VADAKARA, KOZHIKODE DISTRICT, KERALA, PIN-673523
3 MUHAMMAD SHIBLI,
AGED 23 YEARS
S/O.ABDU A.K., MES ENGINEERING COLLEGE, KUTTIPURAM,
MALAPPURAM DISTRICT, ARUKATTIL HOUSE, PANAKKAD,
PATTARKADAVU P.O., MALAPPURAM DISTRICT, KERALA,
PIN-676519
4 MUHAMMAD SHAHINSHA MUBEEN,
AGED 22 YEARS
S/O. MOIDEEN SHEIKH, MES ENGINEERING COLLEGE,
KUTTIPURAM, MALAPPURAM DISTRICT, AMEKKALA HOUSE,
PERLA P.O., KASARGODE DISTRICT, KERALA, PIN-671552
5 AFNAS K.P.,
AGED 23 YEARS
S/O. ABDUL NASAR, MES ENGINEERING COLLEGE,
KUTTIPURAM, MALAPPURAM DISTRICT, AKKARATHODUVIL
HOUSE, AMAYUR P.O., PALAKKAD DISTRICT, KERALA, PIN-
679303
6 MUHAMMAD ZAMAN ZAKHER,
AGED 23 YEARS
S/O. ABDUL RASHEED, MES ENGINEERING COLLEGE,
KUTTIPURAM, MALAPPURAM DISTRICT, KIZHAKKUTTUVALAPPIL
CRL.M.CNO.401 OF 2021
2
HOUSE, MOOKKUTHALA P.O., MALAPPURAM DISTRICT,
KERALA, PIN-679574
7 LAZIM MUHAMMED,
AGED 22 YEARS
S/O. MUHAMMED ASHRAF, MES ENGINEERING COLLEGE,
KUTTIPURAM, MALAPPURAM DISTRICT, KARUTHOMATTIL
HOUSE, VELLILAKKADU, P.O.THIRURANGADI, MALAPPURAM
DISTRICT, KERALA, PIN-676306
8 MUHAMMAD IJAZ P.K.,
AGED 21 YEARS
S/O. MUHAMMED MUSTHAFA, MES ENGINEERING COLLEGE,
KUTTIPURAM, MALAPPURAM DISTRICT,PUTHUKOLLI
KUNNUMMAL HOUSE, NELLIKUNNU, P.O.MANJERI,
MALAPPURAM DISTRICT, KERALA, PIN-676121
9 MUHAMMAD SAHEER ANAS P.,
AGED 23 YEARS
S/O. MUHAMMED, MES ENGINEERING COLLEGE, KUTTIPURAM,
MALAPPURAM DISTRICT, PALLISSERI HOUSE,
PUTHANATHANI, PUNNATHALA P.O., MALAPPURAM DISTRICT,
KERALA, PIN-676552
BY ADV. SRI.BINISH MATHEW
RESPONDENTS/COMPLAINANT&THE STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031
2 ABHIJITH
AGED 21 YEARS
S/O. APPU, RESIDING AT PULLIKKA PANDARATH HOUSE,
CHEMBRA P.O., PIN-679304, PALAKKAD DISTRICT
3 ASHIQ K
AGED 20 YEARS
S/O. KUNJABDULLA, RESIDING AT KUNNIYULLA PARAMBIL
HOUSE, MENHANNIAM P.O., PIN-673525, PERAMBRA,
KOZHIKODE DISTRICT
R2-3 BY ADV. M.K.MUFEED
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.CNO.401 OF 2021
3
O R D E R
Dated this the 3rd day of February 2021
Petitioners are accused Nos.1 to 9 in
Crime No.256/2019 registered at the
Kuttippuram Police Station, Malappuram for
offences punishable under Sections 143,
147, 148, 341, 323 and 324 read with
Section 149 of IPC, now pending as
C.C.No.1470/2019 on the files of the
Judicial First Class Magistrate Court-I,
Tirur. The injured person and the de
facto complainant, at whose instance the
crime was registered, are arrayed as the
2nd and 3rd respondents. Annexure-A5 and
Annexure-A6 affidavits have been filed by
2nd and 3rd respondents stating that the
dispute, which was the reason for the
incident and registration of the crime,
has been resolved amicably and they have
CRL.M.CNO.401 OF 2021
no subsisting grievance against the
petitioners.
2. Heard the learned Public Prosecutor
also, who, on instructions, submits that
the petitioners have no criminal
antecedents.
3. Having considered the gravity of
the offences alleged, nature of the
injury caused and having perused the
affidavit filed by the 2nd and 3rd
respondents, the contents of which are
submitted to be true and voluntary, I am
satisfied that the dispute is settled and
no public interest is involved in this
matter. Even though the offence under
Section 326 of IPC was included in the
final report, the fact that the incident
relates to a clash between two groups of
students and the attack was not
premeditated is taken into consideration.
CRL.M.CNO.401 OF 2021
Moreover, in view of the settlement,
possibility of the criminal proceedings
ending in conviction is remote. As such,
continuance of the proceedings will amount
to an abuse of process of court and hence,
in view of the legal position set out by
the Honourable Supreme Court in Madan
Mohan Abbot v. State of Punjab [(2008) 4
SCC 582] and Gian Singh v. State of Punjab
and another [(2012) 10 SCC 303], there is
no impediment in granting the relief
sought.
In the result, this Crl.M.C is
allowed. The proceedings in
C.C.No.1470/2019 on the files of the
Judicial First Class Magistrate Court- I,
Tirur is quashed.
Sd/-
V.G.ARUN
JUDGE
NB
CRL.M.CNO.401 OF 2021
APPENDIX
PETITIONERS'S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN
C.C.NO.1470/2019 ON THE FILES OF HONOURABLE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
TIRUR
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.1470/2019 ON THE FILES OF HONOURABLE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
TIRUR
ANNEXURE A3 THE TRUE COPY OF THE ACCIDENT REGISTER CUM
WOUND CERTIFICATE IN C.C.NO.1470/2019 ON
THE FILES OF HONOURABLE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, TIRUR
ANNEXURE A4 THE CERTIFIED COPY OF THE MEMORANDUM OF
EVIDENCE IN CALENDAR CASE NO.1470/2019 ON
THE FILES OF HONOURABLE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, TIRUR
ANNEXURE A5 THE ORIGINAL OF THE AFFIDAVIT BY THE 2ND
RESPONDENT
ANNEXURE A6 THE ORIGINAL OF THE AFFIDAVIT BY THE 3RD
RESPONDENT
