Muhammed Siraj @ Muhammed Rasif vs State Of Kerala
2022 Latest Caselaw 3938 Ker

Crl.M.C.No.4558/21              1



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                     CRL.MC NO. 4558 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1733/2017 OF JMFC, KALAMASSERY
                           (TEMPORARY)
PETITIONERS/ACCUSED NO.1 TO 4:
     1    MUHAMMED SIRAJ @ MUHAMMED RASIF,
          AGED 31 YEARS,
          S/O.JAMALUDHEEN, ADAMPAYYIL HOUSE, KALAMASSERY,
          THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT.
     2    SOORAJ,
          AGED 26 YEARS,
          S/O.SURESH KUMAR, MADAHIL PUTHENPURA HOUSE,
          COCHIN UNIVERSITY, THRIKKAKARA NORTH VILLAGE,
          ERNAKULAM DISTRICT.
     3    ANAS,
          AGED 26 YEARS,
          S/O.MARAKKAR, KOLLAMKUDI HOUSE, CHANGAMPUZHA NAGAR,
          THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT.
     4    MUHAMMED SAALI,
          AGED 32 YEARS,
          S/O.ASHARAFF, PUTHUVAYIL HOUSE, CUSAT,
          THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT.
          BY ADV D.FEROZE
RESPONDENTS/STATE/DE FACTO COMPLAINANT:

     1      STATE OF KERALA,
            REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682 031 (CRIME NO.2227/2017 OF KALAMASSERY
            POLICE STATION, ERNAKULAM DISTRICT).
     2      SANU.K.S.,AGED 21 YEARS,
            S/O.SATHYAN K.K., KILINJILIKATTU HOUSE, NELLURPARA,
            ELANJI VILLAGE, KOOTHATTUKULAM,
            ERNAKULAM DISTRICT-682 006.
     3      JITHIN AJAYAN,
            AGED 21 YEARS,
            S/O.AJAYAN, KAADIPALLY HOUSE, PERUMBADAPPU,
            PALLURUTHY, ERNAKULAM DISTRICT-686 662.
            BY ADV C.J.JIYAS
            ADV.SUDHEER GOPALAKRISHANAN - PUBLIC PROSECUTOR

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4558/21                 2




                                 ORDER

The petitioners are the accused in Crime No.2227 of

2017 of Kalamassery Police Station, which is now pending as

C.C 1733/2017 before the Judicial First Class Magistrate,

Kalamasserry. The said case was registered for the offences

punishable under Sections 341, 323, and 324 read with

Section 34 of IPC based on the information submitted by the

2nd respondent herein.

2. The prosecution case is that on 09.11.2017 at about

8.30 pm, due to political animosity, the accused persons

restrained the de facto complainant and his friend and

assaulted them, which resulted in injuries to respondents 2

and 3. Annexure-I is the final report submitted by the police.

This Crl.M.C. is filed challenging all further proceedings

pursuant to the final report.

3. Heard Sri.Firoz D., learned counsel for the

petitioners, Sri.Sudheer Gopalakrishnan, learned Public

Prosecutor for the State and Sri. Jiyas C.J learned counsel for

the 2nd and 3rd respondents.

4. The prayer for quashing the proceedings is sought

mainly on the ground that the dispute between the parties has

been settled. Annexures-II and III affidavits sworn by the 2 nd

and 3rd respondents are filed along with this Crl.M.C. to

substantiate the settlement. In the said affidavits, the 2 nd and

3rd respondents have expressly acknowledged the aforesaid

settlement and also conveyed the no-objection to quash the

proceedings against the petitioners herein. The learned

counsel appearing for the 2nd and 3rd respondents also

confirms the same. The learned Public Prosecutor, upon

instructions, submitted that the Station House Officer

concerned has verified the veracity of the same and found it to

be genuine.

5. The allegations would reveal that the dispute is

purely private in nature. In such circumstances, by applying

the principles laid down by the Honourable Supreme Court in

Gian Singh v. State of Punjab and Another [(2012) 10

SCC 303], proceedings can be quashed by invoking the

powers of this Court under Section 482 Cr.P.C. This is

particularly because, on account of the settlement, no fruitful

purpose would be served by allowing the prosecution to

continue.

In the result, this Crl.M.C. is allowed, and Annexure-I

final report submitted in crime No.2227 of 2017 of

Kalamassery Police Station and all further proceedings in

C.C.No.1733 of 2017 on the file of the Judicial First Class

Magistrate Court, Kalamassery are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

DG/6.4.22

APPENDIX OF CRL.MC 4558/2021

PETITIONER ANNEXURES Annexure I CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1733/2017 PENDING ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY.

Annexure II AFFIDAVIT DATED 10.12.2019 SWORN BY THE SECOND RESPONDENT.

Annexure III AFFIDAVIT DATED 12.10.2020 SWORN BY THE THIRD RESPONDENT.