Amras vs Unknown
2021 Latest Caselaw 5393 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                     Crl.MC.No.486 OF 2021(A)

  AGAINST THE JUDGMENT IN CC 1814/2014 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS-I, TIRUR

   CRIME NO.345/2009 OF Kuttippuram Police Station , Malappuram


PETITIONER/ACCUSED NOS.1 TO 6:

      1      AMRAS
             AGED 32 YEARS
             S/O ABDUL RAHIMAN, AMDALATHVEETTIL, MARATHAYOOR P O,
             THRISSUR DISTRICT, KERALA-680507.

      2      MOHAMMED MAQBOOL V M
             AGED 32 YEARS
             S/O RAFEEK K E,
             NAFEESA MAHAL, NEW MAHE, THALASSERI, KANNUR DISTRICT,
             KERALA, PIN-670102.

      3      SOORAJ M S
             AGED 31 YEARS
             S/O SUBRAMANIAN,
             MELVEETIL HOUSE, PARKALANGAD P O, KUNNAMKULAM,
             THRISSUR DISTRICT, KERALA PIN-680517.

      4      SHAHID C P
             AGED 29 YEARS
             S/O MOOSA, AMIYAMPOYIL,
             A R NAGAR, YARATHUMPADI, KODAVALLY P O,
             KOZHIKODE DISTRICT,
             KERALA PIN-673572.

      5      MUHAMMED V P
             AGED 31 YEARS
             S/O ISMAIL,
             VATTAPUTHUSSERY, A R NAGAR,
             YARATHUMPADI, KADAVATHUR, THALASSERI,
             KANNUR DISTRICT, KERALA, PIN-670676.

      6      RISHAD E C
             AGED 30 YEARS
             S/O MUHAMMED RASHEED E C, 131 A, ELACHOLA HOUSE,
             KATTILANGADI P O, MALAPPURAM DISTRICT,
             KERALA PIN-676506.
 Crl.MC.No.486 OF 2021(A)      ..2..



             BY ADV. SRI.NAVANEETH.N.NATH

RESPONDENT/COMPLAINANT

      1      RASHAD
             AGED 29 YEARS
             S/O UMMAR, VALAYATHPURAKAL HOUSE, PATAMBI,
             KEEZHATTOOR P O,
             MALAPPURAM, PIN-679325.

      2      SHAFAF
             S/O AHAMMAD BASHEER, UPPATHIL HOUSE, OZHUR P O,
             MALAPPURAM, PIN-676307.

      3      STATE OF KERALA
             THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN-682031.

      4      SUB INSPECTOR OF POLICE
             (CRIME NO. 345/2009)M KUTTIPURAM POLICE STATION,
             MALAPPURAM DISTRICT, PIN-679571.

             R1-2 BY ADV. N.RAJI

OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.486 OF 2021(A)          ..3..




                                 ORDER

Dated this the 15th day of February 2021

Petitioners are the accused in Crime

No.345/2009 registered at the Kuttippuram Police

Station for offences punishable under Sections 143,

147, 148, 323 and 324 r/w 149 of IPC, now pending

as C.CNo.1814/2014 on the files of the Judicial First

Class Magistrate Court-I, Tirur. The de facto

complainant and the other person injured in the

incident are arrayed as respondents 1 and 2.

Annexures-II and III affidavits have been filed by the

said respondents stating that the reason for the

incident, which led to registration of the crime has

been resolved amicably and they have no subsisting

grievance in the matter.

Crl.MC.No.486 OF 2021(A) ..4..

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 respondents 1 and 2,

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. The

fact that the petitioners and respondents 1 and 2

were students 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 Crl.MC.No.486 OF 2021(A) ..5..

[(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.CNo.1814/2014 on the files of the

Judicial First Class Magistrate Court-I, Tirur is

quashed.

Sd/-

                                      V.G.ARUN
     SB/15/02/2021                      JUDGE
 Crl.MC.No.486 OF 2021(A)        ..6..




                           APPENDIX
     PETITIONER'S/S EXHIBITS:

     ANNEXURE-I        CERTIFIED COPY OF THE FINAL REPORT

PENDING AS CC NO. 1814/2014 ON THE FILES OF JFMC COURT-1, TIRUR IN CRIME NO. 345/2009 OF KUTTIPPURAM POLICE STATION, MALAPPURAM DISTRICT.

ANNEXURE-II AFFIDAVIT SWORN BY THE FIRST RESPONDENT DATED 25/11/2019.

ANNEXURE-III AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED 25/11/2019.

//true copy// P.A to Judge