Muneeb.K.T vs State Of Kerala, Represented By ...
2022 Latest Caselaw 7706 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
         TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                         CRL.MC NO. 3454 OF 2022
              CRIME NO.22/2019 OF MAYYILL POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 1313/2020 OF JUDICIAL MAGISTRATE OF
                         FIRST CLASS -II, KANNUR
PETITIONER/ACCUSED:

            MUNEEB.K.T
            S/O.MUSTHAFA, AGED 28 YEARS
            ALMAFAS HOUSE, NEDUVATT AMSOM, NARATH.
            KANNUR DISTRICT - 670601

            BY ADV C.LEENA


RESPONDENTSSTATE & INJURED:

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

     2      RENIL.K
            S/O.RAVEENDRAN, AGED 30 YEARS
            CHALIL HOUSE, KANNADIPARAMBA AMSOM,PULLOOPPI
            KANNUR DISTRICT - 670008

            BY ADV K.S.SUDHA


            ADV C S HRITHWIK SR PP


     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3454 OF 2022
                                       2


                                   ORDER

Petitioner is the 3rd accused in Crime No.22 of 2019 of Mayyil

Police Station which is now pending as CC No.1313/2020 before

the Judicial First-class Magistrate Court-II, Kannur. The offences

alleged against the petitioner and other accused are under

Sections 143, 147, 148, 341, 323, 324, 506 r/w 149 of Indian

Penal Code.

2. The prosecution case is that, on 07.01.2019 at 8.P.M.,

the accused persons totaling to five in numbers, formed

themselves into an unlawful assembly and in prosecution of their

common object, wrongfully restrained the 2 nd respondent and

assaulted him. Annexure-I is the FIR and Annexure-II is the Final

Report submitted by the police. It is pointed out that, as regards

the other accused, this Court has already quashed the prosecution

against them as per Annexure III order. This Crl. M.C. is filed for

quashing all further proceedings pursuant thereto.

3. Heard, Adv.C.Leena, learned counsel appearing for the

petitioner, Sri.C.S.Hrithwik, learned public prosecutor and CRL.MC NO. 3454 OF 2022

Adv.K.S.Sudha, learned counsel appearing for the 2nd respondent.

4. The prayer for quashing the above proceedings is

sought for by the petitioner on the ground that, the dispute

between the parties has been settled and to substantiate the

same, the injured person has sworn Annexure-IV affidavit. The

aforesaid affidavit indicates that, the matter has been settled and

the injured person has no subsisting grievance against the

petitioner herein. He also conveyed that he has no objection in

quashing the proceedings against the petitioner herein. The

learned counsel for the 2nd respondent/injured person also

confirmed the same. The learned Public Prosecutor upon

instructions submitted that the veracity of the settlement was

verified by the Station House officer concerned and before the SHO

also, the injured person has reiterated that, he does not have any

objection in quashing the proceedings as he has no subsisting

grievance against the petitioner herein.

5. Going through the materials available on record, it is

discernible that, the dispute is basically private in nature and on

account of settlement arrived at between the parties, no purpose CRL.MC NO. 3454 OF 2022

would be served if the proceedings against the petitioner herein

were allowed to continue. In such circumstances, the chances of a

successful prosecution are very bleak. 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 of the Code of Criminal

Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure-II Final Report

in Crime No.22/2019 of Mayyil Police Station and all further

proceedings in C.C.No.1313/2020 pending before the Judicial First

Class Magistrate Court-II, Kannur as against the petitioner are

hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE nak CRL.MC NO. 3454 OF 2022

APPENDIX OF CRL.MC 3454/2022

PETITIONER ANNEXURES Annexure I TRUE COPY OF FIR IN CRIME NO.22/2019 OF MAYYIL POLICE STATION

Annexure II TRUE COPY OF FINAL REPORT WITH ANNEXURES IN CRIME NO.22/2019 OF MAYYIL POLICE STATION

Annexure III COPY OF JUDGMENT IN CRL.M C NO.5143 /19 DATED 16.08.19

Annexure IV AFFIDAVIT SWORN BY RESPONDENT NO.2