Kerala High Court
Naseem Javad vs The State Of Kerala on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
Crl.MC.No.5384 OF 2020(C)
CC 77/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, MANJERI
CRIME NO.303/2013 OF Edavanna Police Station, Malappuram
PETITIONER/S:
NASEEM JAVAD,
AGED 35 YEARS
S/O. IBRAHIM, KHAIMA MANZIL, AMAYUR, MALAPPURAM 676
123
BY ADV. SRI.P.C.MUHAMMED NOUSHIQ
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031
2 THE SUB INSPECTOR OF POLICE,
EDAVANNA POLICE STATION,L
MALAPPURAM DISTRICT, PIN-676 541
3 ABDUL AZEEZ,
S/O.ALI AKBAR, AGED 63, METHAL HOUSE, AMAYUR POST,
MALAPPURAM DISTRICT- 679 303
4 BASIL JAVAD C.S.,
AGED 26, S/O.SUBAIR C.M, 3/440, CHERLAIKADAVU,
MATTANCHERY, KOCHI, ERNAKULAM DISTRICT-682 002.
R3-4 BY ADV. SMT.JAHANA SHERIN.K
OTHER PRESENT:
PP S.SYLAJA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5384 of 2020
2
ORDER
Dated this the 11th day of February, 2021
Petitioner is the fourth accused in Crime
No.303 of 2013 of the Edvanna Police Station
registered for offences punishable under Sections
143, 147, 148, 323 and 324 r/w 149 of IPC. On
submission of the final report, cognisance was
taken and the case committed to the Judicial First
Class Magistrate Court-II, Manjeri and numbered as
C.C.No.112 of 2015. Petitioner did not appear
during trial of the case, in which accused Nos.3,
5 and 6 were acquitted, finding the prosecution to
have failed to prove the charge against the
accused beyond reasonable doubt. Annexure A2 is
the judgment in the case. Due to the petitioner's
absence, the case against him was split up and
refiled as C.C.No.77 of 2019. Prayer in this
Crl.M.C is to quash the proceedings in C.C.No.770
Crl.M.C.No.5384 of 2020
of 2019. The prayer is founded on the acquittal
of the co-accused and resolution of the dispute
with the de-facto complainant. Annexures A3 and A4
affidavits have been filed by the de facto
complainant and the other injured persons, arrayed
as respondents 3 and 4 herein, stating that their
dispute with the petitioner is resolved amicably
and they have no subsisting grievance against the
petitioner.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioner
has no criminal antecedents.
3. Having considered the gravity of the
offences alleged, nature of the injury caused and
having perused the affidavit filed by respondents
3 and 4, the contents of which are submitted to be
true and voluntary, I am satisfied that the
dispute is settled and that no public interest is
Crl.M.C.No.5384 of 2020
involved in this matter. The fact that the co-
accused were acquitted after trial is also taken
into consideration. 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.77 of 2019 on the files of
the Judicial First Class Magistrate Court-II,
Manjeri, is quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/11.02.2021
Crl.M.C.No.5384 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO. 303 OF 2013 OF EDAVANNA POLICE
STATION, MALAPPURAM
ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN CC NO. 112
OF 2015 DATED 22-07-2019 PASSED BY
JUDICIAL FIRST CLASS MAGISTRATE COURT-
II, MANJERI
ANNEXURE A3 AFFIDAVIT SWORN IN BY 3RD RESPONDENT
ANNEXURE A4 AFFIDAVIT SWORN IN BY 3RD RESPONDENT
