Kerala High Court
Afeef vs State Of Kerala on 7 July, 2022
Crl.M.C.No.3650/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
CRL.MC NO. 3650 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 479/2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,THRISSUR
PETITIONERS/ACCUSED NOS.1 TO 10
1 AFEEF,
AGED 22 YEARS,
SON OF ABOOBACKER, THECHIKKUDAM HOUSE,
MALAPPURAM, PIN - 676 504.
2 RISHAN,
AGED 22 YEARS,
SON OF ABDUL RAHMAN, VALLIKKAPARAMBIL HOUSE,
KODASSERY, MALAPPURAM, PIN - 676 504.
3 JASHID,
AGED 22 YEARS,
SON OF ABDUL HAMEED, KURIKKAL HOUSE,
MALAPPURAM, PIN - 676 504.
4 MUBASHIR ALI,
AGED 22 YEARS,
SON OF ALI, EREKKAL HOUSE,
THAMARASSERY, KOZHIKODE, PIN - 673 574.
5 ADHIL,
AGED 22 YEARS,
SON OF MUJEEB RAHMAN, T K HOUSE,
VALANCHERY, MALAPPURAM, PIN - 676 504.
6 NIHAL,
AGED 22 YEARS,
SON OF SHAFI, V E HOUSE, PARAVANNA,
THIROOR, MALAPPURAM, PIN - 676 504.
Crl.M.C.No.3650/2022 2
7 ABDUL VARIS,
AGED 22 YEARS,
SON OF MUHAMMED P, PALLIYATH HOUSE,
KOTTAPPILLY, VADAKARA, KOZHIKODE, PIN - 673 101.
8 PARVESH SHAN,
AGED 22 YEARS,
SON OF JOHAR, AYAMKUDIYIL HOUSE,
NILAMBUR, MALAPPURAM, PIN - 676 504.
9 MUHAMMED SHAHNAD,
AGED 22 YEARS,
SON OF MAJEED, MAMBADAM HOUSE,
MALAPPURAM, PIN - 676 504.
10 MOHAMMED RINSHAD,
AGED 21 YEARS
SON OF ABDUL RAZAK, JINU MANZIL,
MALAPPURAM, PIN - 676 504.
BY ADV JITHIN BABU A
RESPONDENTS/STATE/DE FACTO COMPLAINANT/INJURED PERSONS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 AFNAS,
AGED 22 YEARS,
SON OF ABDUL NAZAR, CHULLIYIL HOUSE,
VYTHIRI, WAYANAD, PIN - 673 576.
3 SREEHARI,
AGED 21 YEARS
SON OF GIREESAN, PRAYAGA HOUSE,
KOZHIKODE, PIN - 673 001.
4 SRAVAN SANKAR,
AGED 20 YEARS,
SON OF VINODKUMAR, MAYALAYAM HOUSE,
Crl.M.C.No.3650/2022 3
MAVADA EAST DEOM, KOLLAM, PIN - 691 507.
5 SAJITH N.S.,
AGED 22 YEARS,
SON OF SANTHOSH, NAMBITHANATH HOUSE,
VAIKOM , KOTTAYAM, PIN - 686 141.
6 NIRDEV,
AGED 21 YEARS,
SON OF RAVINDRAN KOROTH, RITZY HOUSE,
THALASSERY VILLAGE, KANNUR, PIN - 670 101.
BY ADV.ARUN SAMUEL
SRI.SUDHEER GOPALAKRISHNAN- PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3650/2022 4
ORDER
The petitioners are the accused Nos.1 to 4 in Crime No.812 of
2021 of Viyyur Police Station, which is now pending as
C.C.No.479/2022 on the filed of the Judicial First Class Magistrate
Court-I, Thrissur. The offences alleged against the petitioners are under
Sections143, 147, 148, 323, 324 read with 149 IPC.
2. The prosecution case is that on 04.12.2021 the accused
persons formed themselves into an unlawful assembly and assaulted
respondents 2 to 6 on account of the political rivalry. Annexure-A1 is
the FIR and Annexure-A2 is the final report submitted by the police.
This Crl.M.C. is filed for quashing all further proceedings pursuant
thereto.
3. Heard Sri.Jithin Babu, leaned counsel for the petitioners,
Sri.Arun Samuel, leanred counsel for the respondents and Sri.Sudheer
Gopalakrishnan, Public Prosecutor for the State.
4. Prayer for quashing the proceedings is sought mainly on the
ground that the dispute between the parties has been settled.
Annexures-A3 to A7 affidavits sworn by the respondents 2 to 6 are filed
along with this Crl.M.C. to substantiate the settlement. In the said
affidavit, the respondents 2 to 6 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 6 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-A2 final
report submitted in Crime No812 of 2021 of Viyyoor Police Station and
all further proceedings in C.C.No.479/2022 on the file of the Judicial
First Class Magistrate Court-I, Thrissur, against the petitioners are
hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/8.7.22
APPENDIX OF CRL.MC 3650/2022
PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE FIR DATED
04/12/2021 IN CRIME NO. 812/2021 REGISTERED
AT VIYYUR POLICE STATION, THRISSUR
DISTRICT.
Annexure A2 A CERTIFIED COPY OF THE FINAL REPORT DATED
22/03/2022 LAID AGAINST THE PETITIONERS IN
C. C. NO. 479/2022 ON THE FILE OF THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S
COURT NO.I, THRISSUR.
Annexure A3 THE AFFIDAVIT DATED 04/04/2022 SWORN BY THE
2ND RESPONDENT/DE-FACTO COMPLAINANT.
Annexure A4 THE AFFIDAVIT DATED 04/04/2022 SWORN BY THE
3RD RESPONDENT/CW2
Annexure A5 THE AFFIDAVIT DATED 04/04/2022 SWORN BY THE
4TH RESPONDENT/CW3
Annexure A6 THE AFFIDAVIT DATED 02/06/2022 SWORN BY THE
5TH RESPONDENT/CW4.
Annexure A7 THE AFFIDAVIT DATED 04/04/2022 SWORN BY THE
6TH RESPONDENT/CW5.
