Adeebul Haq R vs C.K.Hassan
2021 Latest Caselaw 20310 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE MR. JUSTICE K.HARIPAL
               THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                                    CRL.MC NO. 4199 OF 2021
          (CRIME NO. 644 OF 2019 OF PAYYOLI POLICE STATION, KOZHIKODE DISTRICT)
 AGAINST THE ORDER/JUDGMENT IN CC 628/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
                                    PAYYOLI, KOZHIKODE


PETITIONERS/ACCUSED NO. 1 TO 13:


      1        ADEEBUL HAQ R.,
               AGED 22 YEARS
               S/O. NOUSHAD,
               HAYAL MANZIL (H), THODANNUR P.O., KANNINADAPPALAM, KOZHIKODE
               DISTRICT, 673 108.

      2        SHAHIN SHAHAD K.,
               AGED 21 YEARS
               S/O. RAZAK K., KIZHAKKAYIL (H) CHENOLI P.O., PULIYODMUKKU, KOZHIKODE
               DISTRICT 673 525.

      3        SABAH AHAMMED, M.,
               AGED 21 YEARS
               S/O. KUNJAMMAD, BARKKA (H), MENJANYAM P.O., PERAMBRA, KOZHIKODE
               DISTRICT 673 525.

      4        SHIBIN THAJ,
               AGED 21 YEARS
               S/O. THAJUDHEEN,
               ATHIKKOTT (H) MEPPAYYUR P.O., EZHUTHILMUKK , KOZHIKODE DISTRICT 673
               524.

      5        NIYAS K.P.,
               AGED 21 YEARS
               KAREEPARAM BIL POYIL (H), MEPPAYYUR P.O. EZHUTHILMUKK, KOZHIKKODE
               DISTRICT, 673 525.

      6        MUHAMMED SHANIL,
               AGED 21 YEARS
               S/O. RASAK, PANAMBRAMMAL (H) CHENOLI P.O., PERAMBRA, KOZHIKKODE
               DISTRICT 673 524.

      7        MUHAMMED K.K.,
 Crl.M.C.No.4199 of 2021
                                        2

            AGED 21 YEARS
            S/O. SAINABA KANADANAKKANDI (H) IRINGATH P.O., KOZHIKKODE DISTRICT
            673 523.

     8      MUHAMMED AMEER, S/O AMEER
            AGED 21 YEARS
            PUTHALATH THAZHE THAMASIKKUM, KOZHIMANTHATTIL (H), IRINGATH P.O.
            KOZHIKKODE DISTRICT, 673 523.

     9      MUHAMMED MUFLIN,
            AGED 21 YEARS
            S/O. ABDUL KAREEM,
            KOOTTIVAYALIL (H), ERVATTOOR, PERAMBRA KOZHIKKODE DISTRICT 673 524.

     10     MUHAMMED SHANIL,
            AGED 21 YEARS
            S/O. MOHAMMED MOHIDHEEN OOTTIKKAMMANA (H), MEPPAYYUR
            KOZHIKKODE DISTRICT 673 523.

     11     MUHAMMED FARHAN HABEEB,
            AGED 21 YEARS
            S/O. MUHAMMED HABEEB , BAITHUL FALAH (H), FEROKE P.O., CHANTHA
            MANGATT PARAMBU G H ROAD, KOZHIKKODE DISTRICT 673 631.

     12     MUHAMMED ADIL,
            AGED 21 YEARS
            S/O. HAMEED, MUTHUVATT (H), ULLIYERI P.O., MUNDOTH KOZHIKKODE
            DISTRICT, 673 620.

     13     ARSHAD MUHAMMED,
            AGED 21 YEARS
            S/O. BASHEER.T., THATTARATH (H), MEPPAYYUR P.O., KOZHIKKODE DISTRICT
            673 524.

            BY ADV K.REEHA KHADER



RESPONDENTS/DEFACTO COMPLAINANT/STATE:


     1      C.K.HASSAN,
            AGED 61 YEARS
            S/O. KUNJAMMAD CHETTIYAMKANDI (H) MEPPAYYUR P.O., KOZHIKKODE
            DISTRICT, 673 524, PRINCIPAL, A V ABDURAHIMAN HAJI, ARTS AND SCIENCE
 Crl.M.C.No.4199 of 2021
                                          3

             COLLEGE, MEPPAYYUR.

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

             BY ADV MOHAMMED ASLAM P.S



             SR.PP - SRI. RENJITH T.R.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4199 of 2021
                                    4



                                ORDER

Petitioners are the accused in Crime No. 644 of 2019 of

Payyoli police station, which was registered alleging offence

punishable under Sections 143, 147, 148, 427 read with Section

149 of the IPC and also Section 4 read with 3 of the Kerala

Prevention of Damage to Private Property and Payment of

Compensation Ordinance, 2019.

2. The allegation is that the accused persons, thirteen in

number, had formed an unlawful assembly and in prosecution of

their common object committed mischief in A.V. Abdu Rahiman

Haji Arts and Science College by damaging the building, CCTV

camera etc and caused a loss of Rs.68,359/-.

3. On conclusion of investigation charge sheet has been laid

and now the case is pending as C.C.No.628 of 2020 before the

Judicial First Class Magistrate, Payyoli. Petitioners have moved

this Court under Section 482 of the Cr.P.C. for quashing the

proceedings, stating that they have settled the matter with the 1 st

respondent, who is the defacto complainant who suffered the loss. Crl.M.C.No.4199 of 2021

In support of the contention the affidavit of the 1 st respondent also

has been filed where he has stated that entire dispute has been

settled with the petitioners and he has no subsisting grievance

against them. He has no objection in quashing the proceedings

also.

4. All the petitioners were students of the college, aged only

21, 22 years old. Now the case stands settled with the 1 st

respondent. Therefore, entire proceedings in C.C.No. 628 of 2018

pending before the Judicial First Class Magistrate Court, Payyoli

are here by quashed and the petitioners will stand exonerated

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/30/09/2021 Crl.M.C.No.4199 of 2021

APPENDIX OF CRL.MC 4199/2021

PETITIONER ANNEXURE

Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.

644/2019 OF PAYYOLI POLICE STATION, KOZHIKKODE DISTRICT PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYOLI AS CC NO. 628/2020

Annexure A2 CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 644/2019 OF PAYYOLI POLICE STATION KOZHIKKODE DISTRICT.

Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE RESPONDENT NO.