Muhammed Faizal vs State Of Kerala
2021 Latest Caselaw 20544 Ker

                       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. 4292 OF 2021

(CC 65/2017 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE ,THODUPUZHA, IDUKKI, CRIME

               NO.1418/2013 OF THODUPUZHA POLICE STATION, IDUKKI)

PETITIONERS/ACCUSED:

     1       MUHAMMED FAIZAL
             AGED 32 YEARS
             S/O.RAZAK, PULLICHALIL HOUSE,
             EDAVETTY KARA, EDAVETTY JHARAM BHAGAM,
             KARIKKODU VILLAGE, THODUPUZHA TALUK,
             IDUKKI, PIN - 685 588.
     2       ABIN KURIYAN
             AGED 30 YEARS
             S/O.KURIYAN,
             PUTHANPURAKKAL HOUSE,
             UDUMBANCHOLA KARA,
             UDUMBANCHOLA VILLAGE,
             UDUMBANCHOLA TALUK,
             IDUKKI, PIN - 685 554.
     3       PRASHOB R.NAIR
             AGED 40 YEARS
             S/O.RAVINDRAN NAIR,
             KALLIL HOUSE, KOLANI KARA,
             THODUPUZHA VILLAGE,
             THODUPUZHA TALUK,
             IDUKKI, PIN - 685 608.
     4       SUDHEER
             AGED 41 YEARS
             S/O.ABDULKARIM.,
             PUTHUSSERIYIL HOUSE,
             VENGALLOR KARA,
             KUMARAMANGALAM VILLAGE,
             THODUPUZHA TALUK,
             IDUKKI, PIN - 685 585.
             BY ADV JITHIN BOSE


RESPONDENT/STATE, INVESTIGATING OFFICER AND DEFACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031.
     2       STATION HOUSE OFFICER OF THODUPUZHA POLICE STATION
             THODUPUZHA TALUK, THODUPUZHA,
             IDUKKI DISTRICT - 685 584.
     3       SOMY AUGUSTINE
             AGED 61 YEARS
             S/O.AUGASTHY,
             PULICKAL HOUSE,
             MANKUZHI BHAGAM,
             EDAMARUKU KARA,
 Crl.M.C No. 4292 of 2021
                                            2

                UDUMBANNOR VILLAGE,
                THODUPUZHA TALUK,
                IDUKKI DISTRICT - 685 595.
                BY ADV VIDHYA KISHAN


                SR.PP - SRI. RENJITH T.R.


        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. 4292 of 2021
                                           3



                                         ORDER

Petitioners are the accused in C.C.No.65/2017 on the file

of the Chief Judicial Magistrate, Thodupuzha. Originally Crime

No.1418/2013 was registered in Thodupuzha Police Station against

five accused persons alleging offence under Sections 143, 147, 148,

341, 294(b), 323, 324 and 427 read with Section 149 of the IPC. The

crime was registered on the basis of the First Information Statement

given by the third respondent Somy Augustine. After investigation,

police laid the charge sheet before the Chief Judicial Magistrate Court,

Thodupuzha alleging offence punishable under Sections 143, 147, 148,

341, 323, 324 and 427 read with 149 of the IPC only. That case was

taken on file as C.C.No.121/2014. Except the fourth accused, all

others were absconding. For the purpose of trial, the defacto

complainant was examined as PW1 in C.C.No.121/2014. But he did

not support the prosecution case. He did not identify the fourth

accused, who faced trial. Thus the case ended in acquittal under

Section 248(1) of the Cr.P.C. The case against the remaining accused,

who are the petitioners, was refiled and now it is pending as Crl.M.C No. 4292 of 2021

C.C.No.65/2017.

2. Now the petitioners have moved this Court under Section

482 of the Cr.P.C seeking to quash the proceedings on the ground that

the matter stands settled with the third respondent, the defacto

complainant and the injured. In support of the contention, Annexure

A4 affidavit of the third respondent also has been produced.

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

learned Senior Public Prosecutor.

4. Annexure A4 affidavit was also referred to. In Annexure

A4 affidavit, the third respondent has specifically stated that the crime

was the outcome of political differences between himself and the

petitioners and now the dispute has been talked over and that he has no

objection in quashing the proceedings.

5. This is a crime of the year 2013. Even though the fourth

accused had faced trial, the third respondent did not support the case.

Now he has come with the affidavit stating that the matter stands

settled with the remaining accused, the petitioners.

In the circumstances and having regard to the nature of the Crl.M.C No. 4292 of 2021

offence which is very minor in nature, it does not seem that any public

interest is hampered in granting leave for settlement. Thus the entire

proceedings in C.C.No.65/2017 pending before the Chief Judicial

Magistrate, Thodupuzha shall stand quashed and the petitioners shall

stand exonerated.

Crl.M.C is allowed as above.

Sd/-

K.HARIPAL

JUDGE Jms/01.10

//True Copy// P.A to Judge Crl.M.C No. 4292 of 2021

APPENDIX OF CRL.MC 4292/2021

PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO.1418 OF 2013 OF THE POLICE STATION, THODUPUZHA ALONG WITH STATEMENT OF 3RD RESPONDENT DATED 04/07/2013.

Annexure A2 JUDGMENT OF CC 121 OF 2014 DATED 27/04/2017. Annexure A3 CERTIFIED COPY OF CHARGE SHEET IN C.C.NO.65 OF 2017 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA.

Annexure A4 AFFIDAVIT OF THE 3RD RESPONDENT DATED 10/09/2021.