Shafeek vs State Of Kerala
2022 Latest Caselaw 4862 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR.JUSTICE BASANT BALAJI

            FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944

                               CRL.MC NO. 2294 OF 2022

AGAINST THE ORDER/JUDGMENT IN CC 201/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS,

                                       PAYYOLI

PETITIONERS/ACCUSED:

     1       SHAFEEK
             AGED 42 YEARS
             S/0 ABDULLA, M.A. HOUSE, KOTTAKKAL P.O,
             IRINGAL, KOZHIKODE DISTRICT, PIN - 673521
     2       ARSHAD @ HARSHAD
             AGED 34 YEARS
             S/O ASSAINAR, EPPARAMBATHU HOUSE, KOTTAKAL P.O,
             IRINGAL, KOZHIKODE DISTRICT, PIN - 673521
     3       ABDULLA
             AGED 68 YEARS
             S/O KOYOTTY, MOYACHERIPARAMBATH HOUSE,
             KOTTAKKAL P.O, IRINGAL, KOZHIKODE DISTRICT, PIN - 673521
     4       SHANAVAS
             AGED 38 YEARS
             S/O KUNHAMU, CHERIYA PUTHALATH HOUSE,
             KOTTAKKAL P.O, IRINGAL, KOZHIKODE DISTRICT, PIN - 673521
     5       FAISAL
             AGED 39 YEARS
             S/O MAMMU, A.K HOUSE, KOTTAKKAL P.O,
             IRINGAL, KOZHIKODE DISTRICT, PIN - 673521
     6       SHAMNAD
             AGED 34 YEARS
             S/O BASHEER, CHOOLAPARAMBATH HOUSE,
             KOTTAKKAL P.O, IRINGAL, KOZHIKODE DISTRICT, PIN - 673521
             BY ADV P.VENUGOPAL


RESPONDENTS/STATE/DEFACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
             682031
     2       STATION HOUSE OFFICER
             PAYYOLI POLICE STATION, PAYYOLI P.O,
             KOZHIKODE DISTRICT, PIN - 673522
     3       SIRAJ
             AGED 39 YEARS
             S/O MAMMU, PALLIVALAPPIL HOUSE, KOTTAKKAL P.O,
             PAYYOLI, KOZHIKODE DISTRICT, PIN - 673521
     4       SAJID
             AGED 39 YEARS
             S/O IBRAHIM, PUTHALATH HOUSE, KOTTAKAL P.O,
             IRINGAL, PAYYOLI, KOZHIKODE DISTRICT, PIN - 673521
     5       RAHEEM
             AGED 41 YEARS
 Crl.M.C No. 2294 of 2022
                                           2



                S/O IBRAHIM, PADINHARE THAIVALAPPIL HOUSE,
                KOTTAKAL P.O, IRINGAL, PAYYOLI, KOZHIKODE DISTRICT, PIN - 673521
       6        MUNEER
                AGED 38 YEARS
                S/0 ABOOBACKER, THAIVALAPPIL HOUSE,
                KOTTAKKAL P.O, IRINGAL, PAYYOLI,
                KOZHIKODE DISTRICT, PIN - 673521
       7        MUHAMMED SHAFI
                AGED 38 YEARS
                S/O IBRAHIM, RAHMATH MANZIL HOUSE,
                KOTTAKKAL P.O, IRINGAL, PAYYOLI,
                KOZHIKODE DISTRICT, PIN - 673521
                BY ADVS.
                PUBLIC PROSECUTOR
                SRUTHY.S


OTHER PRESENT:

                SRI. NOUSHAD K.A-SR. -PP



       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.04.2022,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C No. 2294 of 2022
                                       3




                                      ORDER

Petitioners are accused in Crime No.158/2018 of Payyoli

Police station registered offences punishable under sections 143,

147, 148, 341, 323, 324, 326, 447 and 506 r/w 149 of IPC.

2. Heard.

3. It has been submitted by the learned counsel for the

parties and the learned Public Prosecutor that the matter has been

settled between the parties. The second respondent, who is the de-

facto complainant and other injured, filed affidavit stating that the

matter has been settled between the parties and hence, they have

no further grievance against the petitioners. Since the matter has

been settled between the parties, quashing the said offence would

secure the ends of justice. For the said reason, I am inclined to

quash Annexure 2 final report in Crime No.158/2018 of Payyoli

Police Station and all further proceedings against the petitioners in

C.C.No.201/2018 of Judicial First Class Magistrate Court, Payyoli, Crl.M.C No. 2294 of 2022

in exercise of the inherent power under Section 482 Cr.P.C., to

meet the ends of justice and accordingly, I order so.

In the result, this Crl.M.C. stands allowed.

Sd/-

BASANT BALAJI, JUDGE rps/ Crl.M.C No. 2294 of 2022

APPENDIX OF CRL.MC 2294/2022

PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR REGISTERED BY THE PAYYOLI POLICE IN CRIME NO:158/2018 ALONG WITH THE FIS Annexure 2 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE PAYYOLI POLICE IN CRIME NO:158/2018 ALONG WITH THE MEMORANDUM OF EVIDENCE Annexure 3 AFFIDAVIT DATED 09-03-2022 EXECUTED BY THIRD RESPONDENT Annexure 4 AFFIDAVIT DATED 26-03-2022 EXECUTED BY FOURTH RESPONDENT Annexure 5 AFFIDAVIT DATED 26-03-2022 EXECUTED BY FIFTH RESPONDENT Annexure 6 AFFIDAVIT DATED 26-03-2022 EXECUTED BY SIXTH RESPONDENT Annexure 7 AFFIDAVIT DATED 26-03-2022 EXECUTED BY SEVENTH RESPONDENT