Kerala High Court
Anas Paral vs State Of Kerala on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
CRL.MC NO. 4246 OF 2021
(CRIME NO. 635 OF 2020 OF MAYYIL POLICE STATION, KANNUR DISTRICT)
AGAINST THE ORDER/JUDGMENT IN CC 276/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KANNUR, KANNUR
PETITIONERS/ACCUSED:
1 ANAS PARAL
AGED 39 YEARS
S/O KHADERKUTTY,
THASNEEM HOUSE, PALLIMUKK, CHEKKIKULAM, MAYYIL P.O, KANNUR
DISTRICT-670592.
2 DAVOOD T.P.
AGED 44 YEARS
S/O MOOSA MUSLIYAR, DARUSALAM HOUSE, PALATHUMKARA, CHEKKIKULAM
MAYYIL P.O, KANNUR DISTRICT, PIN-670592.
3 MUHAMMED C.K. @ MAHAMOOD
AGED 57 YEARS
S/O HAMSA, K P P HOUSE, KUNDILAKANDY,
CHEKKIKULAM MAYYIL P.O, KANNUR DISTRICT, PIN-670592.
4 SATHAR C.
AGED 44 YEARS
S/O MUHAMMED,
KOOVAKKATT HOUSE, THANDAPURAM, MANIYOOR,
CHEKKIKULAM MAYYIL P.O, KANNUR DISTRICT, PIN-670592.
5 MUHAMMED BASHEER T.P.
AGED 37 YEARS
S/O MAMMU,
THAZHEPURAYIL HOUSE, THANDAPURAM,
CHEKKIKULAM MAYYIL P.O, KANNUR DISTRICT, PIN-670592.
6 ABDULLA K.K. @ ABDULLA RAILWAY
AGED 46 YEARS
S/O AMMOOTTY, FIDAS HOUSE, THANDAPURAM,
CHEKKIKULAM MAYYIL P.O, KANNUR DISTRICT, PIN-670592.
7 SHIHAB K.T.
Crl.M.C.No.4246 of 2021
2
AGED 36 YEARS
S/O ABDULKHADER,
ELAMULLAVALAPPIL HOUSE,
THANDAPURAM,
CHEKKIKULAM MAYYIL P.O,
KANNUR DISTRICT, PIN-670592.
8 MUKTHAR K.V.
AGED 42 YEARS
S/O MUSTHAFA,
RAHIMA MANZIL,
THANDAPURAM,
CHEKKIKULAM MAYYIL P.O,
KANNUR DISTRICT, PIN-670592.
9 MUHAMMED RAYIS.C.P.
AGED 30 YEARS
S/O MUSTHAFA,
RAMSEENA MANZIL, PARAL, PALLIMUKK,
CHEKKIKULAM MAYYIL P.O,
KANNUR DISTRICT, PIN-670592.
10 BASHEER.K.K.
AGED 47 YEARS
S/O MOIDEENKUTTY,
BAITHUL ISSA HOUSE, KUNDILAKANDY,
CHEKKIKULAM MAYYIL P.O,
KANNUR DISTRICT, PIN-670592.
11 ABDULLA K.K. @ ANDU RAILWAY
AGED 40 YEARS
S/O ABDULKHADER HAJI,
KULAMULLAKANDIYIL HOUSE, THANDAPURAM,
CHEKKIKULAM MAYYIL P.O,
KANNUR DISTRICT, PIN-670592.
12 ABDUL HAFEEL.M.
AGED 45 YEARS
S/O CHEKOOTTY,
MADATHILKUNNIL HOUSE, THARIYERI,
CHEKKIKULAM MAYYIL P.O,
Crl.M.C.No.4246 of 2021
3
KANNUR DISTRICT, PIN-670592.
13 SALEEM V.P.
AGED 30 YEARS
S/O ABDULLA,
VATTAPOYIL HOUSE, PALLIMUKK,
CHEKKIKULAM MAYYIL P.O,
KANNUR DISTRICT, PIN-670592.
14 RAFEEK.C.K.
AGED 30 YEARS
S/O MAMMU,
DAYA MANZIL, PALLIMUKK,
CHEKKIKULAM MAYYIL P.O,
KANNUR DISTRICT, PIN-670592.
BY ADVS.
M.MUHAMMED SHAFI
T.RASINI
ASHRAF A.M
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 THANVEER.M.P
AGED 34 YEARS
S/O KHALID M.P.,
KHADEEJA MANZIL, THANDAPPURAM, MANIYOOR, KANNUR DISTRICT-670592.
3 THANSEER KAREKKANDY
AGED 36 YEARS
S/O KHALID M.P.,
KELOTH VALAPP HOUSE, THANDAPPURAM, MANIYOOR, KANNUR DISTRICT-
670592.
4 SAJAD.P.
AGED 25 YEARS
S/O MUSTHAFA, SHAMMEMA'S HOUSE,
Crl.M.C.No.4246 of 2021
4
THANDAPPURAM, MANIYOOR, KANNUR DISTRICT, PIN-670592.
5 AFSAL M.V.
AGED 26 YEARS
S/O ASIYA.M.V.,
MOOLAKKAL VEETTIL HOUSE, THANDAPPURAM, MANIYOOR, KANNUR
DISTRICT, PIN-670592.
BY ADV MUNAS K.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4246 of 2021
5
ORDER
Petitioners, 14 in number, are the accused in C.C. No. 276 of
2021 pending before the Judicial First Class Magistrate Court-II,
Kannur where offence punishable under Sections 143, 144, 147,
148, 341, 323, 324, 325, 326 read with Section 149 of the IPC is
alleged against the petitioners for having assaulted and injured
respondents Nos. 2 to 5, who are CWs 1 to 4 in the charge sheet.
2. The crime was originated on the strength of the First
Information Statement given by the 2nd respondent. Now the
petitioners have moved this Court seeking to quash the proceedings
on the premise the settlement reached among the parties. It is
stated that it was an election related violence between political
parties. The petitioners and respondents Nos. 2 to 5 belong to the
very same locality and at the instance of leaders of political parties,
they have decided to settle the matter amicably and the injured
have no dispute against the petitioners and no objection in quashing
the proceedings.
3. I heard the learned counsel for the petitioners and also the
learned Senior Public prosecutor.
Crl.M.C.No.4246 of 2021
4. The Learned Senior Public prosecutor has also confirmed
the settlement reached between the parties. The Offence alleged
against the petitioners are rather not serious, even though Sections
324 and 326 of the IPC are also attracted. From the version of the
respondents Nos 2 to 5, who are CWs 1 to 4 in the charge sheet, it
is quite evident that they have condoned the acts of the petitioners
and have no objection in quashing the proceedings. By reaching
such a settlement no public interest is hampered. It also seems that
it was not a pre planned attack of the petitioners against the party
respondents.
5. In the circumstances and taking into account the positive
averments of the injured, entire proceedings in C.C. No. 276 of
2021 pending before the Judicial First Class Magistrate Court-II,
Kannur are here by quashed. All the petitioners shall stand
exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/01/10/2021
Crl.M.C.No.4246 of 2021
APPENDIX OF CRL.MC 4246/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.635 OF
2020 OF MAYYIL POLICE STATION.
Annexure A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED
07.03.2021.
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED
07.03.2021.
Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED
07.03.2021.
Annexure A5 THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT DATED
07.03.2021.
