Shanid vs State Of Kerala
2021 Latest Caselaw 23025 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                        THE HONOURABLE MR. JUSTICE K.HARIPAL

            TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943

                                  CRL.MC NO. 3433 OF 2021

          (CRIME NO. 915/2019 OF KASABA POLICE STATION, KOZHIKODE DISTRICT)

  AGAINST THE ORDER/JUDGMENT IN CP 17/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS

                                -III,KOZHIKODE, KOZHIKODE

PETITIONERS/ACCUSED NOS. 1 & 2:

      1       SHANID
              AGED 32 YEARS
              S/O. HAMSA, KARAKKUNNINMEL HOUSE, KODUVALLY, KOZHIKODE DISTRICT.

      2       NISAMUDINE,
              AGED 40 YEARS, S/O. MUHAMMED,CHERICHIPARAMBU HOUSE, KIZHAKOTH,
              KODUVALLY P.O., KOZHIKODE DISTRICT.

              BY ADV S.K.SAJU



RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

      1       STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
              ERNAKULAM-682031, REPRESENTING THE SHO OF POLICE, KASABA POLICE
              STATION, KOZHIKODE.

      2       SHAMEER N.,
              AGED 36 YEARS
              AGED 36 YEARS, S/O. HAMSA, NJARAKODAN HOUSE, CHENDAKKUNI,
              MEENANGADI P.O., PURAKKADI, WAYANAD DISTRICT-673122.

              BY ADV RILGIN V.GEORGE



OTHER PRESENT:

              SR.PP - SRI. HRITHWIK C.S.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2021, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No. 3433 OF 2021
                                    2

                                 ORDER

Petitioners are the accused in C.P. No. 17 of 2020 is now

pending before the Judicial First Class Magistrate's Court-III,

Kozhikode, which arose from the final report in Crime No. 915 of

2019 of Kasaba police station, Kozhikode. Now the petitioners

face allegations under Sections 341, 323, 324,308 read with

Section 34 of the IPC.

2. The allegation is that on 28.12.2019 at 10.25 a.m. at the

Kozhikode new bus stand, the accused persons who are the owner

of the bus KL-57E-1870 and his friend, on account of the

allegation that the de facto complainant, who is the conductor of

another bus did not honor the bus schedule, attacked and injured

him with an iron liver; at first, the 1st petitioner had assaulted

him with the liver and then he was manhandled by the 2 nd

accused. When he fell down, the 1st accused again tried to attack

him with the liver on the head which was timely warded off; but

for evading, could have turned fatal.

3. On the First Information Statement given by the 2 nd Crl.M.C.No. 3433 OF 2021

respondent, the crime was registered and on conclusion of

investigation the committal proceedings are pending before the

Judicial First Class Magistrate's Court-III, Kozhikode. Now the

petitioners have moved this Court under Section 482 of the Cr.

P.C seeking to quash the proceedings contending that the matter

is settled with the 2nd respondent

4. I heard the learned counsel for the petitioner and also the

learned Senior Public Prosecutor.

5. The learned Senior Public Prosecutor has endorsed the

settlement reached between the parties. Moreover, Annexure-A2

affidavit of the 2nd respondent also indicates that the matter is

settled and he does not have any subsisting grievance against the

petitioners.

6. It was a dispute between bus crew of two buses alleging

that schedule of the buses was not followed. Whatever it may be,

the party themselves have reached a statement and the de facto

complainant does not want to continue proceedings. He did not

suffer any serious injuries in the occurrence. Therefore by Crl.M.C.No. 3433 OF 2021

settlement, no public interest is hampered. Entire proceedings in

C.P. No. 17 of 2020 pending before the Judicial First Class

Magistrate's Court-III, Kozhikode are quashed and the petitioners

shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/23/11/2021 Crl.M.C.No. 3433 OF 2021

APPENDIX OF CRL.MC 3433/2021

PETITIONER ANNEXURE

Annexure 1 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE POLICE IN CRIME NO.915/2019 BEFORE THE LEARNED JFMC-III, KOZHIKODE.

Annexure 2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 27.7.2021.