Irshad vs The Station House Officer
2022 Latest Caselaw 1402 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE K.HARIPAL
         TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                         CRL.MC NO. 3135 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 508/2018 OF JUDICIAL MAGISTRATE OF FIRST
                              CLASS ,VADAKARA
PETITIONERS:

     1       IRSHAD
             AGED 30 YEARS
             S/O. MUHAMMED KHALID, THAMATH HOUSE, THAROPOYIL P.O,
             KOZHIKODE
     2       FARSHAD
             AGED 24 YEARS
             S/O.MUHAMMED KHALID, THAMATH HOUSE, THAROPOYIL P.O,
             KOZHIKODE
     3       MUHAMMED
             AGED 37 YEARS
             S/O. IBRAHIM, CHERUVALATH HOUSE, THAROPOYIL P.O,
             KOZHIKODE
     4       MAJEED
             AGED 23 YEARS
             S/O. HAMEED, PARAVANKUNI HOUSE, THAROPOYIL P.O, KOZHIKODE
     5       SAJAD
             AGED 18 YEARS
             S/O. MOHAMOOD, KOROTH HOUSE, THAROPOYIL P.O, KOZHIKODE
     6       MUJEEB RAHMAN
             AGED 26 YEARS
             S/O. SOOPPY, THEKKE VALAPPIL HOUSE, THAROPOYIL P.O,
             KOZHIKODE
     7       SHAMSEER
             AGED 25 YEARS
             S/O. ABBAS, RAMATH HOUSE, THAROPOYIL P.O, KOZHIKODE
             BY ADV T.G.RAJENDRAN

RESPONDENTS:

     1       THE STATION HOUSE OFFICER
             VADAKARA POLICE STATION, KOZHIKODE 673 103
     2       THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM 682 031
 Crl.M.C.No.3135 of 2021

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     3       ANEESH.K.M
             AGED 35 YEARS
             S/O. KANARAN, KAVANERY MEETHAL HOUSE, AYANCHERRY
             P.O, VATAKARA TALUK, KOZHIKODE 673 103
             BY ADV N.KRISHNA RAJA MAULI

OTHER PRESENT:

             SR.PP - SRI. HRITHWIK C.S.



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   01.02.2022,      THE   COURT   ON      THE   SAME   DAY   PASSED   THE
FOLLOWING:-
 Crl.M.C.No.3135 of 2021

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                             O R D E R

This Crl.M.C. is filed under Section 482 of the

Code of Criminal Procedure seeking to quash the entire

proceedings in C.C.No.508/2018 on the file of the Judicial First

Class Magistrate Court, Vadakara arose from Crime No.1563/2017

of Vadakara Police Station, Kozhikode. The crime was registered

on the first information furnished by the third respondent/injured.

2. The allegation is that on 20.11.2017 at about 22.55

hours while the third respondent, an activist of the CPI(M) was

moving in an autorickshaw, the accused persons, seven in number,

along with five identifiable persons formed themselves into an

unlawful assembly and wrongfully restrained him due to political

animosity, dragged him out of the vehicle and the first accused hit

him with an iron pipe, second accused stabbed him with some

dangerous weapon and the fourth accused cut his hand with an

unidentifiable weapon, which caused him grievous hurt in the

nature of fracture to his left ring finger. Now, the petitioners have Crl.M.C.No.3135 of 2021

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moved this Court on the ground of settlement reached with the

third respondent and seek to quash the proceedings.

3. I have heard the learned counsel for the petitioner and

also the learned Senior Public Prosecutor who has confirmed the

settlement reached between the parties.

4. Annexure-III affidavit of the third respondent also

sufficiently indicates that the entire dispute has been amicably

settled and he does not want to pursue the proceedings. Copy of

the wound certificate indicates that he had suffered a fracture on

the proximal phalanx of the left ring finger.

5. From the statement of the learned Senior Public

Prosecutor and also the averments in Annexure III affdavit, it is

clear that the third respondent does not want to continue the

proceedings. In the light of the same and in the absence of any

public interest involved, entire proceedings in C.C.No.508/2018 on

the file of the Judicial First Class Magistrate Court, Vadakara are

quashed and the petitioners shall stand exonerated. Crl.M.C.No.3135 of 2021

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The Crl.M.C. is allowed as above.

sd/-

K.HARIPAL, Judge

MBS/ Crl.M.C.No.3135 of 2021

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APPENDIX OF CRL.MC 3135/2021

PETITIONER'S ANNEXURES Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN C.C NO. 508/2018 OF JUDICIAL 1ST CLASS MAGISTRATE COURT, VADAKARA Annexure II CERTIFIED COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE DATED 21-11-2017 Annexure III AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 17-05-2021