Basim Nabeel vs State Of Kerala
2022 Latest Caselaw 4513 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                         CRL.MC NO. 75 OF 2022
        CRIME NO.272/2019 OF PERAMBRA POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED PERSONS 1 TO 5:

    1       BASIM NABEEL, AGED 21 YEARS, S/O KUNJAMMAD, RESIDING AT
            KOMATTHPOYIL, CHENNOLI P.O, CHALIKKARA, KOYILANDY
            TALUK, KOZHIKODE DISTRICT
            KOZHIKODE, PIN - 673525.
    2       MUHAMMED RAHIL, AGED 21 YEARS,
            S/O HAMEED, RESIDING AT KOYAS HOUSE, MENJANYAM P.O,
            UNNIKKUNNUMCHAL, KOYILANDY TALUK, KOZHIKODE DISTRICT
            KOZHIKODE, PIN - 673525.
    3       MUHAMMED MISHAB, AGED 21 YEARS, S/O ABDUL RAHMAN,
            RESIDING AT VALURPOIL HOUSE, CHENOLI P.O, KOYILANDY
            TALUK, KOZHIKODE DISTRICT
            PIN - 673525.
    4       MUHAMMED SHAKEER, AGED 25 YEARS, S/O ABDUL HAMEED,
            RESIDING AT POYIL HOUSE, PERAMBRA P.O, KOYILANDY TALUK,
            KOZHIKODE DISTRICT
            PIN - 673526.
    5       MUFLIH SHANIL, AGED 20 YEARS, S/O ABDUL AZEEZ, RESIDING
            AT THYKANDY HOUSE, KAYANNABAZAR P.O, KOYILANDY TALUK,
            KOZHIKODE DISTRICT,PIN - 673527.
            BY ADVS.
            J.R.PREM NAVAZ
            SUMEEN S.


RESPONDENTS/STATE & 3 OTHERS:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM
            PIN - 682031.
    2       MUHAMMED ASLAM, AGED 22 YEARS, S/O RAFEEQ,
            RESDING AT CHERUKUNNUMMAL HOUSE, NOCHAD P.O,
            PERAMBRA KOYILANDY TALUK, KOZHIKODE DISTRICT
            KOZHIKODE, PIN - 673524.
    3       AMJAD, AGED 21 YEARS, S/O KUNJAMMAD,
            RESIDING AT MAYANCHERY MEETHAL,
            MENJANYAM, P.O, PERAMBRA,
            KOYILANDY TALUK, KOZHIKODE DISTRICT,
            PIN - 673525.
 CRL.MC NO. 75 OF 2022            2

    4     MUHAMMED RISHAL, AGED 22 YEARS, S/O ABDUL SALAM,
          RESIDING AT KOLORIDATHIL HOUSE, KALLODE, PERAMBRA P.O,
          KOYILANDY TALUK, KOZHIKODE DISTRICT
          KOZHIKODE, PIN - 673526.


          SRI.M.P.PRASANTH .PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 75 OF 2022                 3

                                    ORDER

The petitioners are the accused in C.C.No.354 of

2019 of Judicial First Class Magistrate-I, Perambra

and the accused Nos.1 and 5 in Crime No.272 of 2019

of Perambra Police Station and the offences alleged

against the petitioners are under Sections

143,147,148,341,323,324 r/w 149 of the Indian Penal

Code. The petitioners moved this Court seeking to

quash all further proceedings in Crime No.272 of 2019

of Perambra Police Station in C.C.No.354/2019 of the

Judicial First Class Magistrate-I, Perambra.

2. The allegation is that on 04.05.2019 at 20.45

hours the accused persons 1 to 5 along with 3

identifiable accused formed themselves in to an

unlawful assembly and in prosecution of the common

object of that assembly voluntarily caused hurt to

the respondents 2 to 4 by dangerous weapons and means

and thereby committed the aforesaid offences.

3. Heard the learned counsel for the

petitioners, the learned Public Prosecutor as well as

the learned counsel for respondents 2 to 4.

4. It is submitted by respective counsel that the

petitioners and the respondents 2 to 4 have arrived

at an amicable settlement and Annexures A2 to A4 are

the affidavits filed. The affidavits, inter alia,

state that all the disputes are settled and that the

pendency of criminal proceeding would cause hardship

to all the parties.

5. From the submission across the Bar and

perusing the criminal M.C. and the affidavits

referred above, I am satisfied that there has been an

amicable settlement and that there is no vitiating

circumstances in the respondent filing the affidavit.

No purpose will be served by continuing the

proceedings in the above circumstances.

6. In view of the judgment of the Hon'ble Supreme

Court in Gian Singh v. State of Punjab and another

[2012 (10) SCC 303] and considering the facts and

circumstances of the case and in exercise of power of

this Court under Section 482 of the Code of Criminal

Procedure, I hereby quash all further proceedings

against the petitioners pursuant to Annexure-AI Final

Report in Crime No.272 of 2019 of Perambra Police

Station in C.C.No.354/2019 of the Judicial First

Class Magistrate-I, Perambra, against these

petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE msp

APPENDIX OF CRL.MC 75/2022

PETITIONER ANNEXURES Annexure1 ACCUSED COPY OF THE FINAL REPORT. Annexure2 AFFIDAVIT OF THE 2ND RESPONDENT. Annexure3 AFFIDAVIT OF THE 3RD RESPONDENT. Annexure4 AFFIDAVIT OF THE 4TH RESPONDENT.