Kerala High Court
Roshan vs 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. 5851 OF 2021
CRIME No. 809/2016 OF MANNARKKADU POLICE STATION
AGAINST THE ORDER/JUDGMENT IN SC 1065/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS
COURT - IV, PALAKKAD / III ADDITIONAL MACT, PALAKKAD
PETITIONERS/ACCUSED 1 TO 8:
1 ROSHAN,
AGED 31 YEARS
S/O. ABU, MUNDAKKOTTIL HOUSE, PUNNAPPADAM, KUMARAMPUTHOOR,
PALLIKKUNNU (P.O.), MANNARKKAD, PALAKKAD DISTRICT.
2 SHAMEER,
AGED 31 YEARS
S/O. MUHAMMEDALI,
POTHAN HOUSE, PALLIKKUNNU
KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT.
3 BASHER,
AGED 45 YEARS
S/O. SAID.M., MADANJERRY HOUSE,
PUNNAPPADAM,
PALLIKKUNNU
KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT.
4 SUBAIR,
AGED 38 YEARS
S/O. SAID.M.,
MADANJERRY HOUSE,
PUNNAPPADAM,
PALLIKKUNNU
KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT.
5 MUHAMMED MUSTHAFA,
AGED 26 YEARS
S/O. HASSAINAR,
OTTERITHODI HOUSE,
PALLIKKUNNU
KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT.
6 JISHAN.P.,
AGED 25 YEARS
S/O. ABDUL RASHEED,
POTHAN HOUSE,
Crl. M. C. NO. 5851 OF 2021
2
PALLIKKUNNU
KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT.
7 JISHAD.P.,
AGED 28 YEARS
S/O. ABDUL RASHEED,
POTHEN HOUSE,
PALLIKKUNNU,
KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT.
8 ABOOBACKER,
AGED 56 YEARS
S/O. MAMMUTTY, MUNDAKKOTTIL HOUSE,
PALLIKKUNNU,
KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT.
BY ADV NIREESH MATHEW
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI 682 031.
2 SHAHUL HAMEED.P
AGED 35 YEARS
S/O. SAINUDHEEN,
PULLANCHERRY HOUSE
PALLIKKUNNU (P.O.),
KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT. 678 002.
BY ADV VIVEK VENUGOPAL
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. 5851 OF 2021
3
ORDER
This petition is filed under Section 482 of the Cr.P.C.
seeking to quash the entire proceedings in S.C. No. 1065 of
2019 on the file of the Additional Sessions Judge-IV, Palakkad
which arose from Crime No. 809 of 2016 of Mannarkkad
police station.
2. The alleged incident had happened on 03.12.2016 at
21.30 hours. It is alleged that at the temporary bus waiting shed
at Pallikkunnu in Mannarkkad, the accused persons, eight in
number had formed an unlawful assembly and in prosecution
of their common object, moved in three motorcycles while the
CW1, the 2nd respondent was sitting in the bus shelter talking
with his friends; the accused questioned him, then with the
intention of causing his death, attacked with a knife on his
head; as he twisted the head, the attack hit on the back of the
head and he sustained injuries. The 2nd accused stabbed on his
left knee joint and the other accused persons attacked him with
iron sticks and wooden sticks and caused him injuries. On
Crl. M. C. NO. 5851 OF 2021
conclusion of investigation, charge sheet has been laid before
the Judicial First Class Magistrate's Court, Mannarkkad, and
then the case was committed thus reached the trial court.
Petitioners now contend that the matter is settled and therefore
entire proceedings are sought to be quashed under Section 482
of the Cr.P.C.
3. I heard the learned counsel for the petitioners and also
the learned Senior Public Prosecutor who has confirmed the
settlement.
4. Annexure-B affidavit of the 2nd respondent also
indicates that the matter is settled and he has no subsisting
grievance against the petitioners.
5. One of the accused, the 1st accused was also an accused
in C.C No. 112 of 2017 before the Judicial First Class
Magistrate's Court, Mannarkkadu. C.C. No. 112 of 2017 and its
counter case, C.C. No. 14 of 2017 have been settled and today
by separate orders both the cases stand quashed by this Court.
The 2nd respondent is the 1st accused in C.C. No. 14 of 2017. It
appears that it was a compact settlement reached among the
Crl. M. C. NO. 5851 OF 2021
parties and the de facto complainant does not want to continue
the proceedings. Moreover, it does not seem that he had
suffered serious injuries in the occurrence. The incident was the
outcome of personal rivalry between two groups of persons and
all the criminal cases have been settled out of Court. It is also
the settled position that when the parties themselves reach a
settlement outside the Court, if no public interest is involved,
the High Court cannot refuse to exercise its jurisdiction under
Section 482 of the Cr.P.C.
6. In the circumstances, entire proceedings in S.C. No.
1065 of 2019 on the file of the Additional Sessions Judge-IV,
Palakkad 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 5851/2021
PETITIONER ANNEXURES
Annexure A TRUE PHOTO COPY OF THE FINAL REPORT DATED 18.03.2017.
Annexure B AFFIDAVIT DATED 28.10.2021 EXECUTED BY THE 2ND
RESPONDENT.
TRUE COPY
P.A.TO JUDGE
