Fahad .M.K vs State Of Kerala
2022 Latest Caselaw 7457 Ker

Crl.M.C.No.2862/22                  1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
      FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       CRL.MC NO. 2862 OF 2022
     AGAINST THE ORDER/JUDGMENT IN CC 1113/2021 OF JUDICIAL
                MAGISTRATE OF FIRST CLASS ,THALASSERY
PETITIONERS/ACCUSED:

     1       FAHAD.M.K,
             AGED 29 YEARS,
             S/O.MOOSA,
             MALAYAN KANTIYIL HOUSE,
             PULIYANAMBRAM.P.O,
             PERINGATHUR, KANNUR DT., PIN - 670 675.

     2       RAYEES.T.,
             AGED 42 YEARS,
             S/O.KUNHABDHULLA,
             THOTTUVAZHIYIL HOUSE, PULIYANAMBRAM .P.O,
             PERINGATHUR, KANNUR DT., PIN - 670 675.

     3       SAMEER.M.K.,
             AGED 38 YEARS,
             S/O.MOOSA,
             MALAYAN KANTIYIL HOUSE,
             PULIYANAMBRAM .P.O, PERINGATHUR,
             KANNUR DT., PIN - 670 675.

     4       SHOUKKATH.M.E.,
             AGED 51 YEARS,
             S/O.SOOPI HAJI,
             MASKAN .MM HOUSE, PULIYANAMBRAM .P.O,
             PERINGATHUR, KANNUR DT., PIN - 670 675.
 Crl.M.C.No.2862/22                 2



     5       NAFEER.M.E.,
             AGED 41 YEARS,
             S/O.SOOPI,
             ALMINAS KOROTH HOUSE, PULIYANAMBRAM .P.O,
             PERINGATHUR, CHOKLI, KANNUR DT., PIN - 670 675.

             BY ADV M.MUHAMMED SHAFI



RESPONDENTS/COMPLAINANTS:

     1       STATE OF KERALA,
             REP.BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

     2       AFSAL SHOUKAT ALI,
             AGED 31 YEARS,
             S/O.SHOUKAT ALI,
             M M HOUSE, PULIYANAMBRAM P.O,
             THALASSERY, KANNUR DT., PIN - 670 675.

             BY ADV T.RASINI


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2862/22                      3




                                   ORDER

The petitioner is the accused in Crime No.298 of 2021 of Chokli

Police Station, which is now pending as C.C.No.1113 of 2021 before the

Judicial First Class Magistrate Court, Thalassery. The offences alleged

against the petitioner are under Sections 143, 147, 341, 323 read with

Section 149 IPC.

2. The prosecution case is that on 12.06.2021 on 11.30 am, the

petitioners have formed themselves into unlawful assembly and assaulted

the 2nd respondent/de facto complainant. Annexure-A1 is the final report.

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

3. Heard SriMuhammed Shafi, learned counsel for the

petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and

Sri.Rasini.T., 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. Annexure-

A1 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.298 of 2021 of Chokli Police Station and all

further proceedings in C.C.No.1113 of 2021 on the file of the Judicial

First Class Magistrate Court, Thalassery, against the petitioners are

hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/27.6.22

APPENDIX OF CRL.MC 2862/2022

PETITIONER ANNEXURES

Annexure-A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.298/2021 OF CHOKLI POLICE STATION.

Annexure-A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 08-04-2022.