Kerala High Court
Koya Muhammed vs State Of Kerala on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
CRL.MC NO. 4614 OF 2021
(CRIME NO. 198/2016 OF AMBALAMEDU POLICE STATION)
AGAINST THE ORDER/JUDGMENT IN CC 216/2016 OF JUDICIAL FIRST CLASS MAGIST. COURT,
CHOTTANIKKARA(TEMPORARY)
PETITIONERS/SACCUSED 1 AND 2:
1 KOYA MUHAMMED
AGED 58 YEARS
S/O PAREED, NADAKKAL (H), PINERMUNDA, KUNNATHUNADU, AMBALMEDU,
ERNAKULAM.
2 SEENATH,
AGED 50 YEARS
W/O KOYA MUHAMMED, NADAKKAL (H), PINERMUNDA, KUNNATHUNADU,
AMBALMEDU, ERNAKULAM.
BY ADVS.
PAUL K.VARGHESE
A.A.GEETHA
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM
2 ABOOBECKER
AGED 61 YEARS
S/O KHADER, PATTARUKUDIYIL, PINERMUNDA, KUNNATHUNADU, AMBALMEDU,
ERNAKULAM.
BY ADV K.V.VINOD
OTHER PRESENT:
SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.01.2022, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No. 4614 of 2021
2
ORDER
This Criminal Miscellaneous Case is filed under
Section 482 of the Cr.P.C. seeking to quash the proceedings
in C.C No. 216 of 2016 pending before the Judicial First
Class Magistrate's Court, Chottanikkara. The case arose
from the final report in Crime No. 198 of 2016 of
Ambalamedu police station which was registered on
28.02.2016 alleging offences punishable under Sections
341, 323, 324, 447, 294(b), 506(ii) read with Section 34 of
the IPC. Petitioners are the accused in the case.
2. The precise allegation against the petitioners is that
on 26.02.2016 at 6 PM, accused persons in furtherance of
their common intention had wrongfully restrained the de
facto complainant, CW1 in the charge sheet who has been
arrayed as the 2nd respondent in the Criminal Miscellaneous
Case and threatened him; the 1st accused had stamped him
down; when he fell down and the 1st accused took a granite
Crl.M.C No. 4614 of 2021
piece and hit on his head. The 2nd accused abused him and
also manhandled him and thus both the accused had acted
in furtherance of their common intention. Petitioners now
submit that the matter is settled, that the 2nd respondent
does not have any subsisting grievance against the
petitioners. In the circumstances they seek to quash the
proceedings.
3. I heard the learned counsel for the petitioners, the
learned Senior Public Prosecutor, and also the learned
counsel for the 2nd respondent.
4. All have confirmed that the matter is settled.
Moreover, Annexure-III affidavit of the 2nd respondent
indicates that they are neighbours and now they are living
peacefully, he does no have subsisting grievance against
the petitioners and also has no objection in quashing the
proceedings.
5. Even though the wound certificate has not produced
Crl.M.C No. 4614 of 2021
it does not seem that the 2nd respondent had sustained
serious injuries in the occurrence. He has confirmed the
settlement.
6. In the circumstances, entire proceedings in C.C.
No. 216 of 2016 pending before the Judicial First Class
Magistrate's Court, Chottanikkara are quashed and the
petitioners shall stand exonerated.
The Criminal Miscellaneous Case is allowed as
above.
Sd/-
K. HARIPAL
JUDGE
RMV/13/01/2022
APPENDIX OF CRL.MC 4614/2021
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE FIR IN CRIME NO 198/2016 OF
AMBALAMEDU POLICE STATION
Annexure II A TRUE COPY OF THE FINAL REPORT IN CRIME NO 198/2016 OF
AMBALAMEDU POLICE STATION
Annexure III ORIGINAL AFFIDAVIT FILED BY THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
