Kerala High Court
Ajmal vs Public Procesutor on 19 April, 2022
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. 2133 OF 2022
CRIME NO.543/2019 OF Payyoli Police Station, Kozhikode
PETITIONERS/ACCUSED NO.2 TO 7:
1 AJMAL
AGED 27 YEARS
S/O AHMAD,
RESIDING AT ASHARIKANDI HOUSE
MANDARATHOOR P.O VADAKARA
KOZHIKODE.
, PIN - 673105
2 SHOUKATH
AGED 26 YEARS
S/O ASSAINAR,
RESIDING AT EDACHERI HOUSE
MANDARATHOOR P.O VADAKARA
KOZHIKODE.
, PIN - 673105
3 FAVAS
AGED 26 YEARS
S/O YOUSUF. .
RESIDING AT PARAVANKANDI HOUSE
MANDARATHOOR P.O VADAKARA
KOZHIKODE. .
PIN - 673105
4 JAISAL
AGED 26 YEARS
S/O ABDULLA .
RESIDING AT AMMINIKANDI HOUSE
MANDARATHOOR P.O VADAKARA
KOZHIKODE.
PIN - 673105
5 MUHAMMED
AGED 30 YEARS
S/O MOOSA HAJI. M.H,
RESIDING AT PRATTILMETHAN HOUSE
MANDARATHOOR P.O VADAKARA
KOZHIKODE.
PIN - 673105
6 SHEREEF
AGED 30 YEARS
S/O EBRAHIM. M.H,
RESIDING AT KANIPARAMBATH HOUSE
MANDARATHOOR P.O VADAKARA
KOZHIKODE. , PIN - 673105
BY ADV P.E.SAJAL
RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROCESUTOR
Crl.MC.No.2133 OF 2022
2
HIGH COURT OF KERALA, ERNAKULAM- , PIN - 682031
2 UMMER AFNOON
AGED 27 YEARS
S/O ABDUL AZEES,
KUTHIRODI HOUSE, KADALLOOR,
KOILANDI, KOZHIKODE-, PIN - 673529
3 MUHAMMED
AGED 22 YEARS
S/O EBRAHIM, PUTHANPURAYIL HOUSE,
ORKATTERI, VADAKARA,
KOZHIKODE-, PIN - 673501
BY ADV S.KABEER
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.2133 OF 2022
3
ORDER
Dated this the 19th day of April, 2022
Petitioners, accused Nos. 2 to 7 in
C.C.No.104/2019 on the file of the Munsiff Magistrate
Court, Payyoli arising from Crime No.543/2019 of
Payyoli Police Station, Kozhikode District and the
offences alleged against the petitioners are under
Sections 143, 147, 341, 323, 325 and 506(ii) read with
149 of the Indian Penal Code. Petitioners moved this
Court seeking to quash all further proceedings in
C.C.No.104/2019 on the file of the Munsiff Magistrate
Court, Payyoli.
2. The allegation is that on 26.09.2019 at about
3.00 p.m., the petitioners, seven in number, due to
personal rivalry had attacked the 2 nd
respondent/defacto complainant within MEHS College
premises and thereby committed the aforesaid
offences.
Crl.MC.No.2133 OF 2022
3. Heard the learned counsel for the petitioners,
the learned Public Prosecutor as well as the learned
counsel for the respondents 2 and 3.
4. It is submitted by respective counsel that the
petitioners and the party respondents have arrived at
an amicable settlement and affidavits 1 and 2 are filed
by 2nd and 3rd respondents respectively. 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 respondents filing the affidavits. No purpose will
be served by continuing the proceedings in the above
circumstances. It is submitted by the learned Public
Prosecutor that the statement of the defacto
complainant has also been taken to verify the
genuineness of the settlement.
Crl.MC.No.2133 OF 2022
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 Annexures 1 and 2,
FIR and Final Report respectively and all further
proceedings in C.C.No.104/2019 on the file of the
Munsiff Magistrate Court, Payyoli arising from Crime
No.543/2019 of Payyoli Police Station, Kozhikode
District against these petitioners. The Crl.MC is allowed
as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Jms/19/04
//True Copy// P.A to Judge
Crl.MC.No.2133 OF 2022
APPENDIX OF CRL.MC 2133/2022
PETITIONER ANNEXURES
Annexure1 . CERTIFIED COPY OF THE FIR IN CRIME NO. 543/2019 OF
THE PAYYOLI POLICE STATION
Annexure2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.
543/2019 OF THE PAYYOLI
