Kerala High Court
Muhammed Rasheed A.B @ Rasheed vs The State Of Kerala on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
Crl.MC.No.224 OF 2021(G)
AGAINST THEJUDGMENT IN LPC 22/2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS COURT-I, KASARAGOD
CRIME NO.89/2009 OF Adhur Police Station , Kasargod
PETITIONER/8TH ACCUSED:
MUHAMMED RASHEED A.B @ RASHEED
AGED 33 YEARS
S/O.A.B.MUHAMMED, RESIDING AT M.P.8/431-A, AMMANKODE
HOUSE, MULIYAR VILLAGE AND POST, KASARAGOD DISTRICT.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
RESPONDENT/STATE:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 THE STATION HOUSE OFFICER,
ADHUR POLICE STATION, KASARAGOD DISTRICT-671543.
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.224 OF 2021(G) ..2..
ORDER
Dated this the 18th day of February 2021
Petitioner is the 8th accused in Crime No.89/2009
registered at the Adhur Police Station for offences
punishable under Sections 143, 144, 147, 148, 326 and
308 of IPC, now pending as L.P.C.No.22/2018 on the
files of the Judicial First Class Magistrate Court-I,
Kasaragod. The de facto has filed Annexure-A4
affidavit stating that the dispute, which was the reason
for the incident and registration of the crime, has been
resolved amicably and he has 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
Crl.MC.No.224 OF 2021(G) ..3..
perused the affidavit filed by the de facto complainant,
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. By
Annexure-A3 judgment, the accused, who had faced
trial, were acquitted finding that there was absolutely
no evidence to connect those accused with the
offences alleged. It is reported that the petitioner has
surrendered pursuant to the order dated 14.01.2021,
issued by this Court and has been enlarged on bail.
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
Crl.MC.No.224 OF 2021(G) ..4..
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 L.P.C.No.22/2018 on the files of the
Judicial First Class Magistrate Court-I, Kasaragod is
quashed.
Sd/-
V.G.ARUN
SB/18/02/2021 JUDGE
Crl.MC.No.224 OF 2021(G) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR
DATED 17.04.2009 IN CRIME NO.89/2009
OF ADHUR POLICE STATION.
ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL
REPORT DATED 25.12.2009 IN CRIME
NO.89/2009 OF ADHUR POLICE STATION.
ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT DATED
27.10.2012 IN C.C.NO.191/2010 ON THE
FILES OF THE LEARNED JUDICIAL FIRST
CLASS MAGISTRATE'S COURT-I,
KASARAGOD.
ANNEXURE A4 THE AFFIDAVIT DATED 23.12.2020 SWORN
IN BY THE DEFACTO COMPLAINANT BEFORE
THE EMBASSY OF INDIA, ABU DHABI, UAE.
//true copy// P.A to Judge
