Muhammed Aslam vs State Of Kerala
2021 Latest Caselaw 15140 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR. JUSTICE ASHOK MENON
             TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                            CRL.MC NO. 1648 OF 2021
     CRIME NO.1598/2015 OF Kallambalam Police Station, Thiruvananthapuram
     AGAINST THE ORDER/JUDGMENT IN CC 715/2018 OF JUDICIAL MAGISTRATE OF
             FIRST CLASS, ATTINGAL (TEMPORARY), THIRUVANANTHAPURAM
PETITIONER/S:

                 MUHAMMED HARIS
11




                 AGED 56 YEARS, S/O ESAHAKU
         1
                 EARATHU PUTHEN VEEDU, KUDAVOOR VILLAGE,
                 VARKALA TALUK, THIRUVANANTHAPAURAM, PIN 695310

         2       AFNAN, S/O MUHAMMED HARIS, AGED 27 YEARS, EARATHU PUTHEN
                 VEEDU, KUDAVOOR VILLAGE, VARKALA TALUK,
                 THIRUVANANTHAPAURAM PIN 695310

         3       NADHIRSHA, S/O ABDUL MAJEED, CHENNAMBRA HOUSE,   KUDAVOOR
                 VILLAGE, VARKALA TALUK, THIRUVANANTHAPAURAM

         4       MUHAMMED SHA, S/O ABDUL AZEEZ, AGED 30 YEARS,
                 CHENNANPARA PUTHENVEEDU, KUDAVOOR VILLAGE, VARKALA
                 TALUK,THIRUVANANTHAPURAM -695310

         5       ANAS, S/O ABDUL HAKKIM, AGED 35 YEARS, THENGUMPANA
                 VEEDU,MANDHAPACHA, KUDAVOOR VILLAGE, VARKALA TALUK,
                 THIRUVANANTHAPURAM -695310

                 BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL)



RESPONDENT/S:

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

2 MUHAMMED ASLAM, S/O SHIHABUDHEEN, AGED 25 YEARS, PULIKUZHI VEEDU, PULIKKUZHIMUKKU, THALAVILA, KUDAVOOR VILLAGE, VARKALA TALUK, CRL.MC NOs. 1648 & 1654 OF 2021 2

THIRUVANANTHAPURAM- 695310

3 SHIHABUDEEN AGED 64 YEARS, S/O ABDUL KHADHER, PULIKUZHI VEEDU, THALAVILA, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM

4 SAJEERKHAN AGED 35 YEARS S/O ABDUL SATAR, NISSAM MANZIL, NEAR KUDAVOOR MUSLIM MOSQUE, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURA695310

5 ANWAR, S/O SHIHABUDEEN, PULIKUZHY VEEDU, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM PIN 695310

BY ADV K.PUSHPAVATHI

SRI. T. R. RENJITH, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.07.2021, ALONG WITH Crl.MC.1654/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CRL.MC NOs. 1648 & 1654 OF 2021 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943 CRL.MC NO. 1654 OF 2021 CRIME NO.1603/2015 OF Kallambalam Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT IN CC 214/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ATTINGAL (TEMPORARY), THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.1 TO 7:

    1     MUHAMMED ASLAM
          AGED 27 YEARS

S/O SHIHABUDEEN, PULIKUZHI VEEDU, PULIKKUZHIMUKKU, THALAVILA, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM-695 310.

    2     ABDUL BADHUSHA,
          AGED 29 YEARS

S/O MUHAMMED KUNJU, THOUFEEK MANZIL, KUDAVOOR VILLAGE,PULIKKUZHIMUKKU, VARKALA TALUK, THIRUVANANTHAPURAM-695 310.

    3     NAVAS,
          AGED 36 YEARS

S/O AHAMMEDKANNU, KALLUVILA PUTHENVEEDU, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM-695 310.

    4     ANWAR,
          AGED 28 YEARS

S/O SHIHABUDEEN, PULIKKUZHI VEEDU, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM-695 310.

    5     SHIHABUDEEN,
          AGED 64 YEARS

S/O ABDUL KHADER, PULIKKUZHI VEEDU, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPRUAM-695 310.

 CRL.MC NOs. 1648 & 1654 OF 2021   4

    6     RAHMATHULLA,
          AGED 35 YEARS

S/O SHARAFUDEEN, THALYKONATHU VEEDU, THALAVILAMUKKU, NEAR A.K.M.HIGH SCHOOL, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM-695 310.

    7     ASHAR,
          AGED 36 YEARS

S/O SYNUDEEN, PEROOR VADAKKEKONATHU VEEDU, KUDAVOOR VILLAGE, KILIMANOOR DESOM, KUDAVOOR VILLAGE, THIRUVANANTHAPURAM-695 310.

BY ADV K.PUSHPAVATHI

RESPONDENT/S:

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

    2     AFNAN
          AGED 26 YEARS

S/O MUHAMMED HARIS, EARATHU PUTHEN VEEDU, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN-695

310.

    3     MUHAMMED HARIS
          AGED 56 YEARS

S/O ESAHAKU, EARATHU PUTHEN VEEDU, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN-695 310.

    4     VIJESH
          AGED 37 YEARS

S/O KARUNAKARA KURUP, ALUNIKUMPOYKA VEEDU, KUDAVOOR ,NEYYATTINKARA POST, VARKALA TALUK, THIRUVANANTHAPURAM, PIN-695 602.

    5     NADHIRSHA
          AGED 39 YEARS

S/O ABDUL MAJEED, CHENNAMBRA HOUSE, KUDAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPAURAM, PIN-695 310. CRL.MC NOs. 1648 & 1654 OF 2021 5

BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL)

SRI. T.R.RENJITH PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.07.2021, ALONG WITH Crl.MC.1648/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

 CRL.MC NOs. 1648 & 1654 OF 2021         6


                          COMMON ORDER

Dated this the 20th day of July 2021

[Crl.MC Nos.1648/2021, 1654/2021]

The petitioners in Crl.M.C.No.1648/2021 are accused Nos. 1 to 5

in Crime No.1598/2015 of Kallambalam Police Station for having

allegedly committed offences punishable under Sections 143,147, 148,

294(b), 447, 323 and 324 r/w Section 149 of IPC. The final report has

already been filed and taken on file as C.C. No.715/2018 on the files

of the Judicial First Class Magistrate Court(Temporary), Attingal.

The petitioners in Crl.M.C.No.1654/2021 are accused Nos.1 to 7

in Crime No.1603/2015 of the same police station in which the

offences alleged against the petitioners therein are under Section 143,

147, 148, 294(b) and 323 r/w Section 149 of IPC. The de facto

complainant in Crl.M.C.No.1648/2021 who are respondent Nos.2 to 5

therein are the accused in Crl.M.C.No.1654/2021 and the petitioners

therein. The petitioners in Crl.M.C.No.1648/2021 are the de facto

complainant and injured in Crl.M.C.No.1654/2021. Hence, both these

matters are case and counter case which pertains to the occurrence

that took place on 07.11.2015 in connection with an election. The CRL.MC NOs. 1648 & 1654 OF 2021 7

petitioners state that the matter has been amicably settled and that

they do not have any grievance against the petitioners and the

respondent/de facto complainant/injured have filed affidavits

appearing through counsel stating that they have no objection in

quashing the proceedings. The main offences are all compoundable.

The petitioners do not have any criminal antecedents. The learned

Public Prosecutor has got instruction regarding the genuineness of the

settlement. There is no public interest involved.

Hence the petitions are both allowed and the entire proceedings

in Crime No.1598/2015 of Kallambalam Police Station now pending as

C.C.No.715/2018 and Crime No.1603/2015 of the same police station

now pending as CC. No.214/2018 on the files of the Judicial First Class

Magistrate Court (Temporary), Attingal stand quashed under Section

482 Cr.P.C. and the accused are discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE rmm

APPENDIX OF CRL.MC 1648/2021

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 1598/15 OF KALLAMBALAM POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 1598/15 OF KALLAMBALAM POLICE STATION STANDS NUMBERED AS CC NO 715/2018

ANNEXURE A3(A) AFFIDAVIT DATED 21.12.2020 EXECUTED BY THE 2ND RESPONDENT

ANNEXURE A(B) AFFIDAVIT DATED 21.12.2020 EXECUTED BY THE 3RD RESPONDENT

ANNEXURE A3(C) AFFIDAVIT DATED 21.12.2020 EXECUTED BY THE 4TH RESPONDENT

ANNEXURE A3(D) AFFIDAVIT DATED 21.12.2020 EXECUTED BY THE 5TH RESPONDENT

RESPONDENTS ANNEXURE NIL CRL.MC NOs. 1648 & 1654 OF 2021 9

APPENDIX OF CRL.MC 1654/2021

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 1603/15 OF KALLAMBALAM POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 1603/15 OF KALLAMBALAM POLICE STATION STANDS NUMBERED AS CC NO 214/18

ANNEXURE A3(A) AFFIDAVIT DATED 21.12.2020 EXECUTED BY THE 2ND RESPONDENT

ANNEXURE A(B) AFFIDAVIT DATED 21.12.2020 EXECUTED BY THE 3RD RESPONDENT

ANNEXURE A3(C) AFFIDAVIT DATED 17.2.2021 EXECUTED BY THE 4TH RESPONDENT

ANNEXURE A3(D) AFFIDAVIT DATED 17.2.2021 EXECUTED BY THE 5TH RESPONDENT

RESPONDENTS ANNEXURE N IL