Kerala High Court
Arshad N vs State Of Kerala on 6 July, 2022
Crl.M.C.No.419/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
CRL.MC NO. 419 OF 2022
CRIME NO.1200/2020 OF Chandera Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT IN CC 439/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONERS/ACCUSED 1 TO 7:
1 ARSHAD N.,
AGED 24 YEARS,
S/O.MUHAMMED ALI, N. A. HOUSE, BEERICHERI, SOUTH
THRIKKARIPUR, KASARAGOD DISTRICT - 671 310.
2 SREEJITH K. @ KUTTAN,
AGED 26 YEARS,
S/O.CHANDRAN P., KAPPANAKAL HOUSE, CHERUKANAM,
NORTH THRIKKARIPUR, KASARAGOD DISTRICT - 671 310.
3 RAMSHAD V.K.,
AGED 26 YEARS,
S/O.ABDUL RAHEEM, N.A.K.HOUSE, VELLAP,
NORTH THRIKKARIPUR, KASARAGOD DISTRICT - 671 310.
4 MUHAMMED S.,
AGED 34 YEARS,
S/O.ABDULLA S., BADUSHA MANZIL, NORTH THRIKKARIPUR,
KASARAGOD DISTRICT - 671 310.
5 MUHAMMED MUFEED M.T.P.,
AGED 24 YEARS,
S/O.MUHAMMED KUNHI P., THAYAL HOUSE, BEERICHERI,
SOUTH THRIKKARIPUR, KASARAGOD DISTRICT - 671 310.
6 ANSAR A.G.,
AGED 25 YEARS,
S/O.HASSAN C.K., A. G. HOUSE, BEERICHERI,
SOUTH THRIKKARIPUR, KASARAGOD DISTRICT - 671 310.
Crl.M.C.No.419/22 2
7 ASHAR ALI V.P.,
AGED 33 YEARS,
S/O.AMEER ALI V. P., PUTHALATH HOUSE, BEERICHERI,
SOUTH THRIKKARIPUR, KASARAGOD DISTRICT - 671 310.
BY ADV P.K.SUBHASH
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031. (CRIME NO.503/2021 OF
BAKEL POLICE STATION, KASARAGOD DISTRICT).
2 NOUSHAD V.P.,
AGED 37 YEARS,
S/O.IBRAHIM, VALIYAPEETIKA HOUSE, PERUNTHALMANNA,
MALAPPURAM, NOW RESIDING AT A. G. QUTERS, CHOVERY,
NORTH THRIKKARIPUR, KASARAGOD DISTRICT - 671 310.
3 SHAFEEK K.,
AGED 36 YEARS,
S/O.MUHAMMED KUNHI, SAFIYA MANZIL, THANKAYA, NORTH
THRIKKARIPUR, HOSDURG TALUK, KASARAGOD DISTRICT -
671 310.
4 SHUKKUR K.,
AGED 40 YEARS,
S/O.MUHAMMED KUNHI, SAFIYA MANZIL, NEAR GOVERNMENT
HOSPITAL, THANKAYAM, NORTH THRIKKARIPUR, KASARAGOD
DISTRICT - 671 310.
BY ADV.S.ANU
SMT.SEENA C., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.419/22 3
ORDER
Petitioners are the accused Nos.1 to 7 in Crime No.1200 of
2020 of Chandera Police Station, which is now pending as
C.C.No.439 of 2021 before the Judicial First Class Magistrate Court-I,
Hosdurg. The offences alleged against the petitioners are under
Sections 143, 147, 148, 341, 323, 324 read with 149 IPC.
2. The prosecution case is that on 20.12.2020 at 21.00
hours, the accused persons have formed themselves into unlawful
assembly with deadly weapons, wrongfully restrained the de facto
complainant and assaulted him with wooden stick. When the 2 nd and
3rd respondents tried to intervene, they were also assaulted.
Annexure-AI is the FIR and Annexure-AII is the final report submitted
by the Police. This Crl.M.C. is filed for quashing all further
proceedings pursuant to Annexure-AII final report.
3. Heard Sri.Subhash P.K., learned counsel for the
petitioners, Smt.Seena C., learned Public Prosecutor for the State
and Smt.S.Anu, learned counsel for the respondents 2 to 4.
4. Prayer for quashing the proceedings is sought mainly on
the ground that the dispute between the parties has been settled.
Annexures-AIII to AV affidavits sworn by the respondents 2 to 4 are
filed along with this Crl.M.C. to substantiate the settlement. In the
said affidavit, the respondents 2 to 4 had specifically acknowledged
the aforesaid settlement and also conveyed the no-objection to quash
the proceedings against the petitioners herein. The learned counsel
appearing for the respondents 2 to 4 also confirms the same. The
learned Public Prosecutor, upon instructions, submitted that the
Station House Officer concerned has verified the veracity of the same
and found it to be genuine.
5. The allegations would reveal that the dispute is purely
private in nature. In such circumstances, by applying the principles
laid down by the Honourable Supreme Court in Gian Singh v. State
of Punjab and Another [(2012) 10 SCC 303], proceedings can be
quashed by invoking the powers of this Court under Section 482
Cr.P.C. This is particularly because, on account of the settlement, no
fruitful purpose would be served by allowing the prosecution to
continue.
In the result, this Crl.M.C. is allowed, and Annexure-AII final
report submitted in Crime No.1200 of 2020 of Chandera Police
Station and all further proceedings in C.C.No.439 of 2021 on the file
of the Judicial First Class Magistrate Court-I, Hosdurg, against the
petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/7.7.22
APPENDIX OF CRL.MC 419/2022
PETITIONER ANNEXURES
Annexure AI CERTIFIED COPY OF THE FIR IN CRIME
NO.1200/2020 OF CHANDERA POLICE STATION,
KASARGOD DISTRICT.
Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.1200/2020 OF CHANDERA POLICE
STATION, KASARGOD DISTRICT.
Annexure AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 2ND RESPONDENT ENDORSING THE FACTUM
OF COMPOUNDING OF THE ABOVE SAID OFFENCES
AND THE SETTLEMENT OF DISPUTES BETWEEN
THE PARTIES.
Annexure AIV A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENT ENDORSING THE FACTUM
OF COMPOUNDING OF THE ABOVE SAID OFFENCES
AND THE SETTLEMENT OF DISPUTES BETWEEN
THE PARTIES.
Annexure AV A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENT ENDORSING THE FACTUM
OF COMPOUNDING OF THE ABOVE SAID OFFENCES
AND THE SETTLEMENT OF DISPUTES BETWEEN
THE PARTIES.
