Muhammed Ansar vs State Of Kerala
2021 Latest Caselaw 18723 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE K.HARIPAL
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                     CRL.MC NO. 3819 OF 2021
  LPC 113/2015 OF CHIEF JUDICIAL MAGISTRATE COURT ,KASARAGOD,IN
     CRIME NO.235/2008 OF MANJESHWAR POLICE STATION, KASARGOD
PETITIONER/ACCUSED NO.1:

          MUHAMMED ANSAR,
          AGED 33 YEARS
          S/O. ABDULLA,
          GOVINDAMOOLA HOUSE,
          PAIVALIGE VILLAGE AND POST,
          KASARAGOD DISTRICT.
          BY ADV S.JIJI


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM 682 031.
    2     MUHAMMED RAFEEQ.K
          AGED 44 YEARS
          S/O. IBRAHIMKUTTY,
          UNK HOUSE,
          ULIYATHADKA,
          KUDLU POST AND VILLAGE,
          KASARAGOD DISTRICT, 671 123.
          BY ADV M.M.BABY

          SR.PP - SRI. HRITHWIK C.S.



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.3819 of 2021
                                       2



                                   ORDER

Petitioner is the first accused in Crime No.235/2008 of

Manjeshwar Police Station, which was registered alleging offence

punishable under Section 392 read with 34 of the IPC against three

persons. It is alleged that the accused persons had intercepted the

defacto complainant while he was moving on a motor cycle and

forcibly extracted an amount of Rs.7,000/- from him besides a bag

containing records. When he had resisted the attempts of the accused,

he was manhandled and that is how the crime was registered.

2. Now, the learned counsel for the petitioner submits that the

matter stands settled with the defacto complainant, the other accused

have already been acquitted. At the time of trial, petitioner was

abroad and he could not face trial. His case is pending as

L.P.No.113/2015 on the file of the Chief Judicial Magistrate Court,

Kasaragod. The learned counsel has also placed reliance on

Annexure A4 affidavit filed by the defacto complainant to support the

version that the case is settled. In the circumstances, entire

proceedings are sought to be quashed under Section 482 of the Cr.P.C.

3. Relying on Annexures-A2 and A3 documents, the learned Crl.M.C.No.3819 of 2021

counsel has stated that accused Nos.2 and 3 stand acquitted. But the

learned Senior Public Prosecutor has strongly opposed the prayer for

quashing the proceedings. According to him, other accused have

undergone trial and the acquittal was on merits.

4. Allegations against the petitioner are very serious. It is an

offence, on conviction liable to impose punishment up to ten years. In

the circumstances, it is not appropriate to give stamp of approval for

the settlement allegedly reached between the parties. I am not

convinced that the plenary powers of this Court under Section 482 of

the Cr.P.C can be invoked in such a case for quashing the proceedings.

The application is devoid of merits and the Crl.M.C is

dismissed.

Sd/-

K.HARIPAL JUDGE

Jms/09.09

//True Copy// P.A to Judge Crl.M.C.No.3819 of 2021

APPENDIX OF CRL.MC 3819/2021

PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF FINAL REPORT IN CR.235/2008 OF MANJESHWAR POLICE STATION, KASARAGOD. Annexure A2 TRUE COPY OF THE E-COURT DAILY CASE STATUS REPORT DATED 17.03.2015 IN C.C. NO. 61/2015 OF CJM COURT KASARAGOD.

Annexure A3 TRUE COPY OF THE JUDGMENT DATED 23.03.2018 IN C.C. NO. 122/2017 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD.

Annexure A4 AFFIDAVIT DATED 07.08.2021 SWORN BY THE 2ND RESPONDENT.