Aboobacker Siddique vs The State Of Kerala
2021 Latest Caselaw 778 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                    Crl.MC.No.5584 OF 2020(G)

 AGAINST THE ORDER/JUDGMENT IN CC 132/2019 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS - II, PERUMBAVOOR


PETITIONERS/ACCUSED 1 TO 7:

      1      ABOOBACKER SIDDIQUE
             AGED 22 YEARS
             S/O JAMAL,
             VANIYAAKATTU HOUSE,
             VENGOLA VILLAGE,
             THANDEKKAD,
             ERNAKULAM DISTRICT,
             KERALA-683547

      2      ASIF AHAMMED
             AGED 21 YEARS
             S/O UMMER,
             EDAPPARAMBIL HOUSE, KOOVAPPADY VILLAGE,
             EDAVOORKARA, PERUBAVOOR,
             ERNAKULAM DISTRICT, KERALA-683548

      3      BAVA MUHAMMED
             AGED 22 YEARS
             S/O MUHAMMED, KANAMPURAM HOUSE, PERUMBVOOR VILLAGE,
             IRINGOLEKARA, PERUMBAVOOR,
             ERNAKULAM DISTRICT, KERALA-683548

      4      JOHN PAUL
             AGED 21 YEARS
             S/O POLACHAN,
             MAROTTIKUDY HOUSE, KALADY VILLAGE, KALADYKARA,
             ERNAKULAM DISTRICT, KERALA-683574

      5      FAHAD ABOOBACKER
             AGED 22 YEARS
             S/O ABOOBACKER,
             PRAMANAKUDY HOUSE, CHENGAMANAD VILLAGE, THURUTHKARA,
             ERNAKULAM DISTRICT, KERALA-683574

      6      NIVED AUGUSTIN
             AGED 21 YEARS
             S/O AUGUSTIN,
             ATHAPPILLY HOUSE, VADAKKUMBAGHOM VILLAGE,
 CRL.M.C.NO.5584 OF 2020
                                  2

                CHENGALKARA,
                ERNAKULAM DISTRICT,
                KERALA-683574

        7       MUHAMMED SHANU
                AGED 21 YEARS
                S/O ABOOBACKER,
                KROTHUKUDY HOUSE,
                VENGOLA VILLAGE, VENGOLA KARA, ERNAKULAM DISTRICT,
                KERALA-683574

               BY ADV. SRI.ROSHAN C ASHARAF

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

       1       THE STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM-682031

       2       ANANTHAKRISHNAN. K.R
               AGED 20 YEARS,
               S/O RADHAKRISHANAN,
               KIZHAKKELAN HOUSE,
               KIZHAKUMBHAGOM VILLAGE,
               KALADY-683574

       3       SHAHUL UMMER
               AGED 20 YEARS
               S/O UMMER, MATTATHIL HOUSE, PARAPPURAM BAGHOM,
               KIZHAKKUMBAGHOM VILLAGE, KANJOOR KARA,
               ERNAKULAM-683575

               R2-3 BY ADV. HASHIM ALTHAF

OTHER PRESENT:

               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.5584 OF 2020
                                      3




                                O R D E R

Dated this the 8th day of January 2021

Petitioners are accused Nos.1 to 7 in

Crime No.183/2019 registered at the

Kuruppanpadi Police Station, Ernakulam for

offences punishable under Sections 341, 323,

294(b), 143, 147, 149 of IPC, now pending as

C.C.No.132/2019 on the files of the Judicial

First Class Magistrate Court-III,

Perumbavoor. The de facto complainants, at

whose instance the crime was registered, are

arrayed as the 2nd and 3rd respondents.

Annexure-A3 and Annexure-A3(a) affidavits

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 subsisting grievance against CRL.M.C.NO.5584 OF 2020

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 affidavits

filed by the 2nd and 3rd respondent, 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

of Punjab [(2008) 4 SCC 582] and Gian Singh CRL.M.C.NO.5584 OF 2020

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.C.No.132/2019 on the

files of the Judicial First Class Magistrate

Court-III, Perumbavoor is quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.5584 OF 2020

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF THE FIR NO. 183/2019 DATED 18.02.2019 OF THE KURUPPAMPADY POLICE STATION

ANNEXURE-A2 CERTIFIED COPY OF THE FINAL REPORT DATED 21.03.2019 OF CRIME 183/2019 OF THE KURUPPAMDY POLICE STATION

ANNEXURE-A3 AFFIDAVIT DULY SWORN BY THE 2ND RESPONDENT/DE FACTO COMPLAINANT 1 DATED 03.12.2020

ANNEXURE-A3(a) AFFIDAVIT DULY SWORN BY THE 3RD RESPONDENT/DE FACTO COMPLAINANT 2 DATED 03.12.2020