Abdul Nazar vs State Of Kerala
2022 Latest Caselaw 6272 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
      FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                     CRL.MC NO. 4719 OF 2021
 CRIME NO.2399 OF 1991 OF HOSDURG POLICE SATIONA ND NOW THE CASE
 AGAINST THE PETITIONER IS PENDING AS IN CC 345/2021 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS-I,HOSDRUG
PETITIONER/2ND ACCUSED:
     1     ABDUL NAZAR,
           AGED 30 YEARS
           S/O.HAMEED, MADIYAN HOUSE, AJANUR VILLAGE,
           KASARAGOD, PIN-671 531.
           BY ADVS.
           RAHUL SASI
           NEETHU PREM
           VIVEK.P.K
RESPONDENTS/STATE&COMPLAINANTS:
     1     STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
           ERNAKULAM, PIN-682 031.
     2     P.V.ABDUL KHADER,
           AGED 59 YEARS
           S/O.ANTHUNJI, PALLIKKAL VEEDU, BEDADKKA P.O.,
           KASARAGOD, PIN-671 541.
    *3     K.C.IRSHAD,
           S/O.LATE K.C.MAHIN, SHAD MANSION, MOGRAL, PUTHUR P.O.,
           KASARAGOD, PIN-671 124.
           * CORRECTED AND REPLACED AS PER ORDER DATED 3.6.22 IN
           CRL.M.A.2/21.
           THE NAME AND ADDRESS OF 3RD RESPONDENT IS CORRECTED AND
           REPLACED AS
           K.C.SHAMSHAD,
           W/O.NAZIR P.S.M., K.C. COMPOUND, MOGRAL, MOGRAL PUTHUR
           P.O., KASARAGOD TALUK, KASARAGOD DISTRICT
           AS PER ORDER DATED 03.06.2022 IN CRL.M.A.2/2021 IN
           CRL.M.C.4719/21
           BY ADVS.
           SMT.NIMA JACOB, GOVERNMENT PLEADER
           NIRMAL V NAIR
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL. MC NO.4719 OF 2021
                                        2




                                      ORDER

Dated this the 03rd day of June, 2022

The petitioner is the 2 nd accused in Crime

No.399/1991 of Hosdurg Police Station which is now

pending as C.C. No.345/2021 before the Judicial First

Class Magistrate Court-I, Hosdurg. The offences

alleged against the petitioners are under Sections

143, 147, 148, 427, 324 read with Section 149 of the

Indian Penal Code (IPC).

2. The allegation against the petitioner and

the other accused is that, on 04.07.1991, at 2.30

pm, the petitioner along with other accused

committed rioting and pelted stones at a bus bearing

registration No.KRC 547 causing damage to the tune

of Rs.1600/- and also causing injuries to a passenger

therein. Annexure-A1 is the final report submitted by

the police in this case. It is pointed out that all other

accused have faced the trial and as per Annexure A2

and A3 judgments, all of them were acquitted. The CRL. MC NO.4719 OF 2021

case against the petitioner has been split up and the

same is now pending as C.C. No.345/2021. This

Crl.M.C. is filed for quashing all further proceedings

pursuant to Annexure-1A final report.

3. Heard Sri. Rahul Sasi, the learned counsel

appearing for the petitioner, Smt. Nima Jacob the

learned Public Prosecutor appearing for the 1st

respondent and Sri.Nirmal V.Nair, the learned counsel

appearing for the respondents 2 and 3.

4. The prayer for quashing the proceedings is

sought mainly for the reason that the dispute

between the parties has been settled and to

substantiate the same, Annexure A4 and A6 affidavits

sworn by respondents 2 and 3 are produced. The

fact of settlement is acknowledged in the aforesaid

affidavit and it is also specifically stated that the

respondents 2 and 3 have no subsisting grievances

against the petitioner herein. The respondents 2 and

3 also clearly expressed their no objection in CRL. MC NO.4719 OF 2021

quashing the proceedings against the petitioner. The

learned counsel appearing for the respondents 2 and

3 also confirms the aforesaid settlement and supports

the prayer sought for by the petitioners herein. The

learned Public Prosecutor upon instructions submits

that the veracity of the settlement is verified by the

Station House Officer concerned by recording the

statement of de facto complainant and found to be

genuine.

5. On going through the nature of allegations

as contained in Annexure-A1 final report, it can be

seen that the dispute is basically private in nature.

No serious offences are attributed against the

petitioner. Considering the settlement arrived at

between the parties, the chances of a successful

prosecution are very bleak and hence no fruitful

purpose would be served if the proceedings is

allowed to continue. Therefore, I am of the view that

going by the decision in Gian Singh v. State of

Punjab and Another [2012(4)KLT 108], this is a CRL. MC NO.4719 OF 2021

fit case in which the powers of this Court under

Section 482 Cr.P.C. can be invoked.

Accordingly this Crl.M.C. is allowed. All further

proceedings in C.C.No.345/2021 pending before the

Judicial First Class Magistrate Court-I, Hosdurg

pursuant to Crime No.399/1991 of Hosdurg Police

Station are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE SKP/3.6 CRL. MC NO.4719 OF 2021

APPENDIX OF CRL.MC 4719/2021

PETITIONER'S ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO.399 OF 1991 OF HOSDURG POLICE STATION.

ANNEXURE A2 THE CERTIFIED COPY OF THE JUDGMENT DATED 20.10.1997 IN CC NO.468 OF 1995 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG.

ANNEXURE A3 THE CERTIFIED COPY OF THE JUDGMENT DATED 06.12.2007 IN CC NO.48 OF 2006 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG.

ANNEXURE A4 THE AFFIDAVIT DATED 23.07.2021 SUBMITTED BY THE 2ND RESPONDENT.

ANNEXURE A5 THE AFFIDAVIT DATED 27.09.2021 SUBMITTED BY THE 3RD RESPONDENT.

ANNEXURE A6 THE AFFIDAVIT DATED 11.11.2021 SUBMITTED BY THE 3RD RESPONDENT.

RESPONDENTS' ANNEXURES: NIL

TRUE COPY

P.A.TO JUDGE