Kerala High Court
Mujeeb Rahman T.K vs The State Of Kerala on 4 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
CRL.MC NO. 5521 OF 2021
CRIME NO. 76 OF 2020 OF AREEKODE POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 468/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
MANJERI
PETITIONERS/ACCUSED:
1 MUJEEB RAHMAN T.K,
AGED 40 YEARS
S/O. ABOOBACKER, CHEVIDIYIL HOUSE, THRIPPANACHI POST, POOCHENGAL,
MALAPPURAM-673 642
2 SUBAIR T.K,
AGED 28 YEARS
S/O. ABOOBACKER, CHEVIDIYIL HOUSE, THRIPPANACHI POST, POOCHENGAL,
MALAPPURAM 673 642.
3 ABDUL MENEER,
AGED 30 YEARS
S/O. ALAVIKUTTY, THUVAKKAYYIL HOUSE, THRIPPANACHI, KAVANUR,
MALAPPURAM 673 642.
4 AHAMMED KUTTY,
AGED 31 YEARS
S/O. HAMEED PULPARAMBAN, PALASSERI HOUSE, THRIPPANACHI POST,
PULPPATTA, MALAPPURAM 673 642.
BY ADV P.C.MUHAMMED NOUSHIQ
RESPONDENTS/STATE-COMPLAINANT & VICTIMS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 018.
2 THE SUB INSPECTOR OF POLICE,
AREEKODE POLICE STATION, MALAPPURAM DISTRICT-673 639
3 MUHAMMED SHAREEF,
AGED 29 YEARS
S/O. SAITHALAVI, KARALIKKATTIL HOUSE, THRIPPANACHI POST, PULPPATTA,
MALAPPURAM 673 642.
BY ADV JAHANA SHERIN.K
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.03.2022, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl. M. C. NO. 5521 OF 2021
2
ORDER
Petitioners are the accused in C.C. No. 468 of 2020 on the
file of the Judicial First Class Magistrate's Court-I, Manjeri which
originated from the final report in Crime No. 76 of 2020 of
Areekode police station. The crime was registered on the basis of
the First Information Statement furnished by the 3 rd respondent,
Muhammed Shareef alleging offence punishable under Sections
447, 341, 323, 324, 502(i) read with 34 of the IPC.
2. The allegation is that on 22.02.2020 at 18 hours the
accused persons in furtherance of their common intention
trespassed upon building No. III/226 of Pulpatta grama panchayath
and wrongfully restrained CW1, the 3rd respondent and beaten him
up with a stick and he was also manhandled and intimidated and
thus the said crime was registered. Now the matter is pending
before the Judicial First Class Magistrate's Court-I, Manjeri.
Petitioners have approached this Court under Section 482 of the
Cr.P.C. seeking to quash the proceedings on the ground of
settlement reached with the 3rd respondent.
3. I heard the learned counsel for the petitioners and also the
learned Senior Public Prosecutor who has confirmed the settlement.
Crl. M. C. NO. 5521 OF 2021
4. Annexure-A2 affidavit of the 3rd respondent clearly
indicates that in the presence of respectable mediators in the
locality the matter is settled and he does not have subsisting
grievance against the petitioners. He has no objection in quashing
the proceedings also.
5. The 3rd respondent did not suffer serious injuries in the
occurrence. It appears that they are having previous acquaintance
and the matter has been settled in the presence of mediators and he
does not want to pursue the proceedings.
In the circumstances and in the absence of any public interest
entire proceedings in C.C. No. 468 of 2020 on the file of the
Judicial First Class Magistrate's Court-I, Manjeri are quashed and
the petitioners shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/04/03/2022
APPENDIX OF CRL.MC 5521/2021
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CHARGE SHEET ALONG WITH
MEMORANDUM OF EVIDENCE IN CRIME NO. 76 OF 2020 OF
MANJERI POLICE STATION, MALAPPURAM.
Annexure A2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT DATED 16.10.2021.
TRUE COPY
P.A.TO JUDGE
