Kerala High Court
Muhammaed Fayas vs The State Of Kerala on 3 June, 2022
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. 6834 OF 2019
CRIME NO.212/2017 OF KUTTIPURAM POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT IN CC 1811/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,TIRUR
PETITIONERS/ACCUSED 1,2 AND 3:
1 MUHAMMAED FAYAS,
AGED 22 YEARS
S/O.MUHAMMEDALI, KAPPATT, KIZHAKKAYIL HOUSE,
VAANIMEL P.O., VADAKARA, KOZHIKODE DT.
2 MUJUBAL MARAIKKAR,
AGED 22 YEARS
S/O.MUHAMMEDKUTTY, KOODIYIL HOUSE,
KUMBIDI P.O., PALAKKAD DT.
3 MUHAMMED NIKASH AFRIDI,
AGED 22 YEARS
S/O.UMMER FAROOKH, AHAMMEDGHAR,
PANNIYANNOOR, THALASSERY, KANNUR DT.
BY ADVS.
K.R.ARUN KRISHNAN
SMT.DEEPA K.RADHAKRISHNAN
RESPONDENT/STATE OF KERALA AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA,
REP. BY SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE
STATION, MALAPPURAM THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 MUHAMMED ASHIQ,
AGED 22, S/O.ABDUL GAFFAR P.J., PUTHUPPARAMBIL HOUSE,
PATHIRICKAL P.O., PATHANAPURAM, KOLLAM - 689 695.
*3 SHIHAB P
AGED 23 YEARS
S/O HASSAN, PULLAYIL HOUSE,
P.O KANCHIRAMUKKU, MARANCHERRY,
MALAPPURAM DISTRICT, PIN-679584
*4 MUHAMMED SHAHAM
AGED 23 YEARS
S/O ABDUL LATHEEF, PALAKKAL HOUSE, P.O MEPPADI, WAYANAD
CRL. MC NO.6834 OF 2019
2
DISTRICT, PIN-673577
*5 MUHAMMED ASLAM A.P
AGED 23 YEARS
S/O HAMSA, MANNOOPARAMBIL HOUSE, KODAKKAL P.O,
MALAPPURAM DISTRICT, PIN-676108
* ADDITIONAL R3 TO R5 IMPLEADED AS PER ORDER DATED
06.02.2020 IN CRL.M.A.2/2020 IN CRL.M.C.6834/2019.
BY ADVS.
SMT.NIMA JACOB, GOVERNMENT PLEADER
SRI.N.L.BITTO
SRI.JITHIN BABU A
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.6834 OF 2019
3
ORDER
Dated this the 03rd day of June, 2022
The petitioners are the accused Nos. 1 to 3 in
Crime No.212/2017 of Kuttipuram Police Station
which is now pending as C.C. No.1811/2017 before
the Judicial First Class Magistrate Court-I, Tirur. The
offences alleged against the petitioners are under
Sections 341, 323, 324 read with Section 34 of the
Indian Penal Code (IPC).
2. The prosecution case is that, on
15.09.2017, at about 12.45 pm, the accused along
with some identifiable persons formed themselves
into an unlawful assembly and assaulted respondents
2 to 5. Annexure-A1 is the F.I.R. and Annexure-A2 is
the final report submitted by the police. This Crl.M.C.
is filed for quashing all further proceedings pursuant
to Annexure-A2 final report.
CRL. MC NO.6834 OF 2019
3. Heard Sri.K.R.Arun Krishnan, the learned
counsel appearing for the petitioners, Smt.Nima
Jacob, the learned Public Prosecutor appearing for
the 1st respondent and Sri. N.L.Bitto, the learned
counsel appearing for the respondents 2 to 5.
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, Annexures A3 to A6 affidavit
sworn by respondents 2 to 5 are produced. The fact
of settlement is acknowledged in the aforesaid
affidavits and it is also specifically stated that the
respondents 2 to 5 have no subsisting grievances
against the petitioners herein. The respondents 2 to 5
also clearly expressed their no objection in quashing
the proceedings against the petitioners. The learned
counsel appearing for the respondents 2 to 5 also
confirms the aforesaid settlement and supports the
prayer sought for by the petitioners herein. The
learned Public Prosecutor upon instructions submits
CRL. MC NO.6834 OF 2019
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-A2 final report, it can be
seen that the dispute is basically private in nature.
No serious offences are attributed against the
petitioners. 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
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.1811/2017 pending before the
CRL. MC NO.6834 OF 2019
Judicial First Class Magistrate Court-I, Tirur pursuant
to Crime No.212/2017 of Kuttipuram Police Station
are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
SKP/3.6
CRL. MC NO.6834 OF 2019
APPENDIX OF CRL.MC 6834/2019
PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NUMBER
212/2017 ON THE FILE OF KUTTIPPURAM POLICE
STATION, MALAPPURAM DATED 16/09/2017.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED BY
THE INVESTIGATION OFFICER BEFORE THE
JUDICIAL 1ST CLASS MAGISTRATE COURT-I,
TIRUR IN CC NO.1811/2017 DATED 19/10/2017.
ANNEXURE A3 THE AFFIDAVIT OF THE DE-FACTO
COMPLAINANT/2ND RESPONDENT DATED
26/07/2019.
ANNEXURE A4 AFFIDAVIT SWORN BY SHIHAB P.
ANNEXURE A5 AFFIDAVIT SWORN BY MUHAMMED SHAHAM
ANNEXURE A6 AFFIDAVIT SWORN BY MUHAMMED ASLAM A.P.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A.TO JUDGE
