Ramsheed vs Shefeer
2021 Latest Caselaw 23751 Ker

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                           THE HONOURABLE MR. JUSTICE K.HARIPAL
             TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                                   CRL.MC NO. 5377 OF 2021
          (CRIME NO. 634 OF 2018 OF VADAKKANCHERRY POLICE STATION, PALAKKAD)
 AGAINST THE ORDER/JUDGMENT IN SC 202/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS
                  COURT - V, PALAKKAD / IV ADDITIONAL MACT, PALAKKAD


PETITIONERS/ACCUSED NOS. 1 TO 3:


      1        RAMSHEED
               AGED 20 YEARS
               S/O. MUSTAFA, CHEERAKUZHY, KIZHAKKANCHERRY, ALATHUR, PALAKKAD.

      2        RAMSHAD
               AGED 23 YEARS
               S/O. MUSTAFA, CHEERAKKUZHY, KIZHAKKANCHERRY, ALATHUR, PALAKKAD.

      3        SHAKEER @ CHANTHU
               AGED 22 YEARS
               S/O. BASHEER, CHEERAKKUZHY, KIZHAKKANCHERRY, ALATHUR, PALAKKAD.

               BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENTS/DE FACTO COMPLAINANT AND STATE:


      1        SHEFEER
               AGED 31 YEARS
               S/O. SHAHUL HAMEED, NINAMKAD, KIZHAKKENCHERRY, ALATHUR, PALAKKAD-
               678 684

      2        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM-682 031.

               BY ADV UNNI SEBASTIAN KAPPEN




               ADV.C.S.HRITHWIK (SR.GP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No. 5377 OF 2021
                                 2

                              ORDER

Petitioners are the accused in S.C. No. 202 of 2019 pending

before the Additional Sessions Court-V, Palakkad, which arose

from the final report in Crime No. 634 of 2018 of Vadakkancherry

police station. Petitioners face allegations under Sections 341,

323, 324, 506 (ii), 308 read with Section 34 of the IPC.

2. It is alleged that on 03.05.2018 at 10.45 pm accused

persons, in furtherance of their common intention, wrongfully

restrained the de facto complainant, who is CW1 Shafeer in the

charge sheet, and threatened him with a granite piece; the 1 st

accused had hit him with a granite piece on the head; had he not

evaded it, that would have resulted in fatal injuries on him. On the

conclusion of investigation, the charge sheet has been laid. Now

the petitioners have moved this Court for quashing the

proceedings under Section 482 of the Cr.P.C. contending that the

matter is settled with the de facto complainant, the 1st respondent.

3. I heard the learned counsel for the petitioners and also the

learned Senior Public Prosecutor.

4. The learned Senior Public Prosecutor also confirmed the Crl.M.C.No. 5377 OF 2021

settlement reached with the 1st respondent. Moreover, Annexure B

affidavit indicates that the 1st respondent and the petitioners are

friends and the dispute had arisen out of temperamental

differences and now the matter has been settled and he does not

have any subsisting grievance against the petitioners. He has no

objection in quashing the proceedings. In the light of the clear

statement of the de facto complainant, and having regard to the

fact that the 1st respondent did not suffer any serious injuries in

the occurrence, there is no impediment in quashing the

proceedings, accepting the settlement.

5. In the result, entire proceedings in S.C. No. 202 of 2019

pending before the Additional Sessions Court-V, Palakkad are

quashed and the petitioners shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/30/11/2021 Crl.M.C.No. 5377 OF 2021

APPENDIX OF CRL.MC 5377/2021

PETITIONER ANNEXURE

Annexure A TRUE COPY OF THE FINAL REPORT IN CRIME NO.634/2018 OF VADAKKANCHERRY POLICE STATION, PALAKKAD WHICH IS NOW PENDING AS S.C.NO.202/2019 OF THE COURT OF ADDL. SESSIONS JUDGE-V (FAST TRACK NO.III), PALAKKAD.

Annexure B AFFIDAVIT SWORN BY THE IST RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT.