Abdul Vahab vs State Of Kerala
2022 Latest Caselaw 6278 Ker

Crl.M.C.No.3802/2021                 1



             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. 3802 OF 2021
      CRIME NO.352/2016 OF Kalpakanchery Police Station,
                             Malappuram
    AGAINST THE ORDER/JUDGMENT IN CC 1237/2016 OF JUDICIAL
                  MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONERS/ACCUSED:

     1      ABDUL VAHAB,
            AGED 67 YEARS,
            ABUBECKER, VALIYAPALLI THEKKATHIL, VAKKOM P.O.,
            CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 308.

     2      ARSHAD,
            AGED 32 YEARS,
            S/O.ABDUL VAHAB, VALIYAPALLI THEKKATHIL,
            VAKKOM P.O., CHIRAYINKEEZHU,
            THIRUVANANTHAPURAM-695 308.

     3      ABDUL LATHEEF,
            AGED 55 YEARS,
            S/O.IBRAHIM KUTTY, THAYYIL HOUSE,
            VAVVAKKAVU P. O., KARUNAGAPPALLY,
            KOLLAM - 690 528.

            BY ADVS.
            G.RANJU MOHAN
            M.SANTHI (K/868/2011)
 Crl.M.C.No.3802/2021                      2



RESPONDENTS/COMPLAINANT:

     1      STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM.

     2      SHABEE SEMAN
            S/O.ABDUL GAFOOR, KALLIYATH HOUSE, NELLIKKUNNU,
            KALPAKANCHERRY, MALAPPURAM, KERALA - 676 551.

            BY ADV M.SREEKUMAR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   03.06.2022,       THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.3802/2021                     3



                                   ORDER

The petitioners are the accused Nos.1 to 3 in Crime No.352 of

2016 of Kalpakanchery Police Station, which is now pending as

C.C.No.1237 of 2016 before the Judicial First Class Magistrate Court-

I, Tirur. The offences alleged against the petitioners are under

Sections 447, 341, 323, 324 read with 34 IPC.

2. The prosecution case is that, on 14.06.2016 the petitioners

have trespassed into the house of the 2nd respondent/de facto

complainant and wrongfully restrained him and assaulted him with a

stick. Annexure-A1 is the final report submitted by the police. This

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

3. Heard Sri.Ranju Mohan.G., learned counsel for the

petitioners, Smt.Neema Jacob., learned Public Prosecutor for the State

and Sri.M.Sreekumar, learned counsel for the 2nd respondent.

4. Prayer for quashing the proceedings is sought mainly on

the ground that the dispute between the parties has been settled.

Affidavit sworn by the 2nd respondent/de facto complainant is filed

along with this Crl.M.C. to substantiate the settlement. In the said

affidavit, the 2nd respondent/de facto complainant 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 2nd respondent/de facto complainant

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-A1 final

report submitted in crime No.352 of 2016 of Kalpakanchery Police

Station and all further proceedings in C.C.No.1237 of 2016 before the

Judicial First Class Magistrate Court-I, Tirur, against the petitioners

are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/3.6.22

APPENDIX OF CRL.MC 3802/2021

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE FINAL REPORT DATED 14.06.2016 IN THE ABOVE CRIME.