Faizal vs State Of Kerala
2021 Latest Caselaw 5933 Ker

                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.695 OF 2021(F)

  AGAINST THE JUDGMENT IN CC 1150/2016 OF JUDICIAL MAGISTRATE OF
                        FIRST CLASS ,TIRUR

  CRIME NO.224/2010 OF Kalpakanchery Police Station , Malappuram


PETITIONERS:

      1         FAIZAL
                AGED 41 YEARS
                S/O. MUHAMMED KUTTY, PALLIMALIL (H), CHENAKKAL,
                RANDATHANI P.O. MALAPPURAM.

      2         BADUSHA,
                AGED 42 YEARS
                S/O. MUHAMMED KUTTY, PALLIMALIL (H), CHENAKKAL,
                RANDATHANI P.O. MALAPPURAM.

      3         SHANAVAS,
                AGED 34 YEARS
                S/O. MUHAMMED KUTTY, PALLIMALIL (H), CHENAKKAL,
                RANDATHANI P.O. MALAPPURAM.

      4         FIROZE,
                AGED 46 YEARS
                S/O. MUHAMMED KUTTY, PALLIMALIL (H), CHENAKKAL,
                RANDATHANI P.O. MALAPPURAM.

                BY ADVS.
                SRI.ABDUL JALEEL.A
                SMT.M.A.SULFIA

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
                KERALA, ERNAKULAM 31.

      2         S.I.OF POLICE
                KALPAKANCHERY POLICE STATION, MALAPPURAM 676 551.

      3         SHARAFUDEEN
                S/O. KUNJHEEN, PALLIPPURAM HOUSE, CHENAKKAL,
                RANDATHANI P.O. MALAPPURAM DISTRICT 676 510.
 Crmc 695/2021                        2



       4        SHAHUL HAMEED
                AGED 37 YEARS
                S/O. HAMSA, THAKKUM KATTIL (H), CHENAKKAL,
                RANDATHANI P.O. MALAPPURAM 676 510.

       5        SAKKIR
                S/O. MOOSAKUTTY, KAITHAKKAL (H), KOTTAKKAL,
                KUTTIPPURAM P.O. MALAPPURAM 679 571.

                R3-5 BY ADV. A.E.ALIYAR



                SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 695/2021                        3

                                  V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.695 of 2021
                ===========================
                  Dated this the 18th day of February, 2021


                                 ORDER

Petitioners are the accused in Crime No. 224 of 2010

registered at the Kalpakanchery Police Station for offences

punishable under Sections 341, 323, 324, 325 r/w 34 of IPC, now

pending as C.C.No.1150 of 2016 on the file of Judicial First Class

Magistrate -I, Tirur. The de facto complainant at whose instance

the crime was registered and the injured are respondents 3, 4

and 5. Annexure A3 affidavit has been filed by the 3rd

respondent, Annexure A4 filed by the 4 th respondent and

Annexure A5 filed by the 5th respondent stating that the dispute

has been settled and that 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 respondents 3, 4 and 5, 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.1150 of 2016 on the file of Judicial First Class Magistrate

-I, Tirur is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF FIR IN CRIME NO.

224/2010 OF KALPAKANCHERY POLICE STATION, ALONG WITH THE STATEMENT OF THE DEFECTO COMPLAINANT.

ANNEXURE A2 TH CERTIFIED COPY OF THE CHARGE SHEET /FR.

ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT FILED BY 3RD RESPONDENT.

ANNEXURE A4 THE TRUE COPY OF AFFIDAVIT FILED BY 4TH RESPONDENT.

ANNEXURE A5 THE TRUE COPY OF AFFIDAVIT FILED BY 5TH RESPONDENT.