Sabir.C.H vs Crmc 3708/2020 2
2021 Latest Caselaw 5765 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                      Crl.MC.No.3708 OF 2020(C)

  AGAINST THE JUDGMENT IN CC 452/2019 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -I,HOSDRUG

     CRIME NO.1113/2018 OF Hosdurg Police Station , Kasargod


PETITIONERS:

      1        SABIR.C.H
               AGED 24 YEARS
               S/O. SUHARA C.H., RESIDING AT KARUVALAM, PADANNAKKAD,
               KANHANGAD VILLAGE, HOSDURG TALUK.

      2        MUHAMMED SHANAVAS T.H.
               AGED 22 YEARS
               S/O. SABIRA T.K., RESIDING NEAR NEHRU ARTS AND
               SCIENCE COLLEGE, PADANNAKKAD, KANHANGAD VILLAGE,
               HOSDURG TALUK.

      3        SHAMEER B @ BAKKU
               AGED 31 YEARS
               S/O. MOIDU, RESIDING AT BELLIKKOTH HOUSE,
               KUTHIRUMMAL, PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG
               TALUK.

      4        ABDUL BASITH T.
               AGED 22 YEARS
               S/O. RASEENA, RESIDING AT THALAKKAL HOUSE,
               PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK.

      5        MUHAMMED UBAIS P.
               AGED 29 YEARS
               S/O. MUSTHAFA K.P., RESIDING AT UBAIS MANZIL,
               PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK.

      6        ASKAR C.H.
               AGED 26 YEARS
               S/O. ABOOBACKER C.H., RESIDING AT FATHIMA MANZIL,
               PADANNAKKAD, KANHANGHAD VILLAGE, HOSDURG TALUK.

               BY ADV. SRI.A.ARUNKUMAR

RESPONDENTS:
 Crmc 3708/2020                     2

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

       2         MUHAMMED MUNNAVIR A
                 AGED 24 YEARS
                 S/O. IBRAHIM, RESIDING AT THAHA MANZIL, ORCHA ROAD,
                 NILESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD
                 DISTRICT.

       3         MUHAMMED MUNSAVIR A
                 AGED 26 YEARS
                 S/O. IBRAHIM, RESIDING AT THAHA MANZIL, ORCHA ROAD,
                 NILESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD
                 DISTRICT.

                 R2-3 BY ADV. VIPIN T JOSE



                 PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 3708/2020                        3




                                   V.G.ARUN, J.

                 ===========================
                          Crl.M.C.No.3708 of 2020
                 ===========================
                   Dated this the 17th day of February, 2021


                                  ORDER

Petitioners are the accused in Crime No.1113 of 2018

registered at the Hosdurg Police Station for offences punishable

under Sections 143, 147, 148, 341, 323, 324 r/w 149 of IPC,

now pending as C.C.No.452 of 2019 on the files of Judicial First

Class Magistrate-I, Hosdurg. The de facto complainant at whose

instance the crime was registered, and the other injured persons

are 2nd and 3rd respondents herein. Annexure AIII affidavit has

been filed by the 2nd respondent and Annexure AIV filed by the

3rd respondent stating that the dispute has been settled and they

have 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 that no public interest is involved in this

matter. 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.

4. In the result, this Crl.M.C is allowed. The proceedings in

C.C.No.452 of 2019 on the files of Judicial First Class Magistrate-

I, Hosdurg is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE AI CERTIFIED COPY OF THE F.I.R IN CRIME NO.1113 OF 2018 OF HOSDURG POLICE STATION.

ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1113 OF 2018 OF HOSDURG POLICE STATION.

ANNEXURE AIII AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.

ANNEXURE AIV A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT.