Habeeb Rahman vs State Of Kerala
2021 Latest Caselaw 1850 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                    CRL.MC.NO.5073 OF 2019(D)

 AGAINST THE ORDER/JUDGMENT IN CC 113/2018 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS, PAYYOLI

      CRIME NO.559/2017 OF PAYYOLI POLICE STATION, KOZHIKODE


PETITIONERS/ACCUSED 1 TO 4:

      1      HABEEB RAHMAN,
             AGED 26 YEARS
             S/O. AMMAD, KUZHIPPARAMBIL HOUSE, VILAYATTOOR P.O,
             IRINGATH, KOZHIKKODE DISTRICT, PINCODE-673523

      2      MUHAMMED,
             AGED 27 YEARS
             S/O. ABDUL SALAM, KUZHIPPARAMBIL HOUSE, VILAYATTOOR
             P.O, IRINGATH, KOZHIKKODE DISTRICT, PINCODE-673523

      3      MUHAMMED,
             AGED 27 YEARS
             S/O. ABDUL KAREEM, PARAPPIL HOUSE, VILAYATTOOR P.O,
             IRINGATH, KOZHIKKODE DISTRICT, PINCODE-673523

      4      ABU @ ABDULLA,
             AGED 30 YEARS
             S/O. AMMAD, KANIYAMKANDY HOUSE, VILAYATTOOR P.O,
             IRINGATH, KOZHIKKODE DISTRICT-673523

             BY ADV. SMT.K.REEHA KHADER

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

      1      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031
             (INVESTIGATING OFFICER IN CRIME NO.559/17 OF PAYYOLI
             POLICE STATION, KOZHIKODE DISTRICT)

      2      MOOSSA K.
             S/O. UMMER, AGED 45 YEARS, KAMMANA HOUSE, KEEZHPAYYUR
             P.O, MEPPAYYUR, KOZHIKKODE DISTRICT, PINCODE-673523

      *3     ADDL.RESPONDENT
             ABDUL KAREEM, AGED 54 YEARS,
 CRL.M.C.NO.5073 OF 2019
                                    2

               S/O. AMMAD,
               R/AT PARAPPIL (H),
               KOYILANDI TALUK, KOZHIKODE DISTRICT

               * IMPLEADED AS PER ORDER DATED 18.01.2021 IN
               CRL.M.A 1/21 IN CRL.M.C.5073/19

               R2 BY ADV. B.MUHAMMED SHAHEEL
               R3 BY ADV. SRI.B.MUHAMMED SHAHEEL

OTHER PRESENT:

               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.01.2021THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.5073 OF 2019
                                        3




                                O R D E R

Dated this the 18th day of January 2021

Petitioners are accused Nos. 1 to 4 in

Crime No.559/2017 registered at the Payyoli

Police Station, Kozhikode for offences

punishable under Sections 341, 323 and 324

read with Section 34 of IPC, now pending as

C.C.No.113/2018 on the files of the Judicial

First Class Magistrate Payyoli, Kozhikode.

The de facto complainant, at whose instance

the crime was registered and the other

person injured are arrayed as the 2nd and 3rd

respondents. Annexure-A3 and Anneuxre-A4

affidavit have been filed by 2nd and 3rd

respondents stating that the dispute, which

was the reason for the incident and

registration of the crime, have been

resolved amicably and they have no CRL.M.C.NO.5073 OF 2019

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 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 CRL.M.C.NO.5073 OF 2019

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 Crime No.559/2017 of

Payyoli Police Station, Kozhikode and

C.C.No.113/2018 on the files of the Judicial

First Class Magistrate, Payyoli, Kozhikode

is quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.5073 OF 2019

APPENDIX OF Crl.MC 5073/2019 PETITIONERS'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.559/2017 OF PAYYOLI POLICE STATION, KOZHIKKODE DISTRICT PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-PAYYOLI AS CC 113/2018.

ANNEXURE A2 THE TRUE COPY OF THE FIR IN CRIME NO.559/2017 OF PAYYOLI POLICE STATION, KOZHIKKODE DISTRICT.

ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT

ANNEXURE A4 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT