Nissar @ Nafeer K.P vs State Of Kerala
2021 Latest Caselaw 22458 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE K.HARIPAL
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                     CRL.MC NO. 5091 OF 2021
  C.C.No. 956/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I,
                        HOSDURG, KASARGOD
          CRIME NO. 10578/2013 OF HOSDURG POLICE STATION
PETITIONER/ACCUSED NO. 6:

          NISSAR @ NAFEER K.P.,
          AGED 29 YEARS
          S/O. ABDUL RAHIMAN,
          NAFEERA MANZIL,
          KARUVALAM,
          PADANAKKAD,
          KANHANGAD VILLAGE,
          KASARAGOD DISTRICT 671 314.

          BY ADVS.ROSIN JOSEPH
                  MUHAMMED YASIL
                  AMRITA ARUN
RESPONDENTS/STATE & COMPLAINANT:

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

    2     MUHAMMED ASKER ALI,
          AGED 47 YEARS
          S/O. MOOSA B.M.,
          R/AT JALEEL MANZIL,
          PADANAKKAD,
          PADANAKKAD P.O.,
          KANHANGAD VILLAGE,
          HOSDURG TALUK,
          KASARAGOD DISTRICT 671 314.

    3     THE STATION HOUSE OFFICER,
          HOSDURG POLICE STATION, 671 315,
          (CRIME NO. 1057 OF 2013).

          R1 & R3 BY SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR
          R2 BY ADV. JACKSON JOHNY


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.5091 OF 2021           2




                                ORDER

Petitioner is the sixth accused in Crime No. 1057/2013 of

Hosdurg police station which was registered on the basis of the

First Information Statement given by the second respondent. The

allegation is that on 30.08.2013 at 18.45 hours in the compound of

the Muhiyudheen Masjid, the accused persons, eight in number,

had formed an unlawful assembly and in prosecution of their

common object, assaulted and injured the second respondent, who

is CW1 in the final report; they manhandled him and also hit him

above the left eye brow with some iron like substance and caused

him simple injuries. Thus offence under Sections 143, 147, 148,

341, 323, 324 read with 149 of the Indian Penal Code is alleged

against the accused persons. Now the petitioner has moved this

Court under Section 482 of the Code of Criminal Procedure for

quashing the proceedings in C.C. No. 956/2021 pending before the

Judicial First Class Magistrate Court - I, Hosdurg which was

refiled against him on the ground of settlement.

2. I heard the learned counsel for the petitioner and the

learned Public Prosecutor, who has also confirmed the settlement

reached between the parties.

3. This is a case of the year 2013. By Annexure A3

judgment accused Nos. 3, 4 and 8 were found not guilty and

acquitted under Section 248(1) of the Cr.P.C. For that case, injured

was not examined; it is stated that inspite of repeated coercive

steps, his presence could not be procured. Later, the second

accused moved this Court with Crl. M.C. No. 716/2019 for

quashing the proceedings. In the light of Annexure A3 judgment,

this court found that the substratum of the prosecution case has

been lost and on that consideration, case against the second accused

also stands quashed. Petitioner is the sixth accused. The defacto

complainant/the second respondent has filed Annexure A5 affidavit

making it abundantly clear that the petitioner has settled the case

with him and he has no subsisting grievance against him. From the

charge sheet itself it is clear that the second respondent had suffered

only simple injuries.

4. In the light of the same, proceedings against the

petitioner in C.C. No. 956/2021 are liable to be quashed. In the

result, entire proceedings in C.C. No. 956/2021 pending before the

Judicial First Class Magistrate Court - I, Hosdurg are hereby

quashed and the petitioner shall stand exonerated.

Crl.M.C. is allowed as above.

Sd/-

K.HARIPAL

JUDGE

DCS/09.11.2021

APPENDIX

PETITIONER'S ANNEXURE

ANNEXURE A1 A CERTIFIED COPY OF THE FIR DATED 31.08.2013 IN CRIME NO. 1057 OF 2013 OF HOSDURG POLICE STATION.

ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT DATED 26.09.2013 IN CRIME NO. 1057 OF 2013 OF HOSDURG POLICE STATION.

ANNEXURE A3 A CERTIFIED COPY OF THE JUDGMENT DATED 22.08.2017 IN C.C. NO. 3382/2011.

ANNEXURE A4 A TRUE COPY OF THE ORDER DATED 01.02.2019 IN CRL.M.C. NO. 716 OF 2019 OF THIS HONBLE COURT.

ANNEXURE A5 A TRUE COPY OF THE AFFIDAVIT DATED 12.10.2021 SIGNED BY THE 2ND RESPONDENT /DEFACTO COMPLAINANT BEFORE AN ADVOCATE.