Kerala High Court
Habeeb Rahman vs State Of Kerala on 23 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
Crl.MC.No.1309 OF 2021(C)
AGAINST THE ORDER/JUDGMENT IN CC 559/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III,KOZHIKODE
PETITIONER/S:
1 HABEEB RAHMAN
AGED 39 YEARS
S/O PUTHURMADAM, PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
2 SHANID P.M.
AGED 28 YEARS
S/O MUHAMMAD,
PUTHURMADATHIL HOUSE,
PANTHEERANKAVU P.O,
KOZHOKODE DISTRICT-673019.
3 NOUSHAD,
AGED 41 YEARS
S/O MUHAMMAD,
CHERATT HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O,
KOZHOKODE DISTRICT-673019.
4 MUHAMMED RIYAS. T.P.,
AGED 37 YEARS
S/O ABDURAHIMAN,
CHERATTUMETHAL HOUSE, PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
5 AHAMMAD .K,
AGED 62 YEARS
S/O KUNHAMMU, A
MBILOLI HOUSE, PERUMANNA, PANTHEERANKAVU P.O,
KOZHIKODE DISTRICT-673019.
6 AHAMMAD KOYA
AGED 52 YEARS
S/O KALANTHAN,
Crl.MC.No.1309 OF 2021(C)
2
NADUVIL PARAMBIL HOUSE,
AMBILOLI,
PANTHEERANKAVU P.O,
KOZHIKODE DISTRICT-673019.
7 SEITHALAVI KOYA
AGED 54 YEARS
S/O KUTTYALI,
THOTTATHIL HOUSE,
PANTHEERANKAVU P.O,
KOZHIKODE DISTRICT-673019.
8 HIJAS
AGED 31 YEARS
S/O HUSSAIN,
RAHJAS MAHAL HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
9 ABDUL SAMAD.P,
AGED 32 YEARS
S/O MUHAMMAD,
PERISSERY HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
10 RAHJAS
AGED 27 YEARS
S/O HUSSAIN,
RAHJAS MAHAL HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
11 SIRAJUDHEEN. P,
AGED 32 YEARS
S/O MUHAMMAD,
PERISSERY HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
12 ASSAN KOYA P.M,
AGED 54 YEARS
S/O KUNHAMMU,
PM HOUSE,
BAITHUL DAHRAN,
Crl.MC.No.1309 OF 2021(C)
3
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
13 ANAS,
AGED 28 YEARS
S/O ABDURAHIMAN,
KUZHIPALLI HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
14 NOUFAL,
AGED 39 YEARS
S/O BEERAN KOYA,
ARANGALI HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
15 MUHAMMAD AJMAL,
AGED 29 YEARS
S/O ABDUL AZEES,
ARANGALI HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
16 MUHAMMAD RIYAD,
AGED 39 YEARS
S/O MUHAMMAD RIYAS,
KAMMANGAL HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
17 ABDUL MANAF
AGED 30 YEARS
S/O BEERAN KOYA,
ARANGALI HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
18 SHAHABUDHEEN,
AGED 32 YEARS
S/O ALI, KUNNATH HOUSE,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
Crl.MC.No.1309 OF 2021(C)
4
KOZHIKODE DISTRICT-673019.
19 MUHAMMAD MUSTHAFA,
AGED 45 YEARS
S/O ABDURAHIMAN KUTTY,
PULIKKAL HOUSE,
KUNNATHUKATTIL,
PANTHEERANKAVU P.O.,
MUNDUPPALAM,
KOZHIKODE DISTRICT-673019.
BY ADVS.
SRI.M.MUHAMMED SHAFI
SMT.T.RASINI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-31.
2 MOHAMMED SHAFI
AGED 38 YEARS
S/O HUSSAIN,
KAIMBILI PARAMBU,
PUTHURMADAM,
PANTHEERANKAVU P.O.,
KOZHIKODE DISTRICT-673019.
3 RANJITH.K
AGED 37 YEARS
S/O KRISHNAN,
KUTTI OZATHIL,
PUTHURMADAM, PANTHEERKADAVU P.O, KOZHIKODE
DISTRICT-673019.
R2-3 BY ADV. SADIQ ALI.M
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1309 OF 2021(C)
5
ORDER
Dated this the 23rd day of March, 2021
Petitioners are the accused in Crime No. 187 of 2019
registered at the Pantheerankavu Police Station for offences
punishable under Sections 143,147, 148, 447, 341, 323,324, 427
r/w 149 of IPC, now pending as C.C.No. 559 of 2019 on the files
of the Judicial First Class Magistrate Court-III, Kozhikode. The de
facto complainant, at whose instance the crime was registered,
and the other injured persons are arrayed as respondents 2 and
3. Annexures A2 and A3 are the affidavits filed by respondents 2
and 3 respectively, stating that the dispute, which led to
registration of the crime, has been settled amicably and they
have no subsisting grievance in the matter.
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 2 and 3, 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. The fact that the
Crl.MC.No.1309 OF 2021(C)
petitioners and the de facto complainants were students when
the accident occurred, is also taken into consideration. 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.
In the result, this Crl.M.C is allowed. The proceedings in
C.C.No. 559 of 2019 on the files of the Judicial First Class
Magistrate Court-III, Kozhikode is quashed.
Sd/-
V.G ARUN
JUDGE
SJ
Crl.MC.No.1309 OF 2021(C)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN
CRIME NO. 187/2019 OF PANTHEERANKAVU POLICE
STATION.
ANNEXURE-A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED
22/02/2021.
ANNEXURE-A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED
22/02/2021.
