Muhammed Roshan vs State Of Kerala
2022 Latest Caselaw 2576 Ker

                     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. 5863 OF 2021
                   CRIME No. 769/2016 OF MANNARKKAD POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CC 112/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
                                        MANNARKAD
PETITIONERS/ACCUSED Nos. 1 TO 6:


      1       MUHAMMED ROSHAN
              AGED 38 YEARS
              S/O. ABDU @ ABOOBACKER, MUNDAKOTTIL HOUSE, PALLIKKUNNU (P.O.),
              KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD DISTRICT.
      2       ABU @ ABOOBACKER,
              AGED 56 YEARS
              S/O. MAMMUTTY,
              MUNDAKOTTIL HOUSE,
              PALLIKKUNNU (P.O.), KUMARAMPUTHOOR, MANNARKKAD, PALAKKAD
              DISTRICT.
      3       JISHAN P.,
              AGED 25 YEARS
              S/O. ABDUL RASHEED,
              POTHEN HOUSE, PUNNAPPADAM,
              PALLIKKUNNU , MANNARKKAD, PALAKKAD DISTRICT.
      4       JISHAD .P.,
              AGED 28 YEARS
              S/O. ABDUL RASHEED,
              POTHEN HOUSE, PUNNAPPADAM,
              PALLIKKUNNU , MANNARKKAD, PALAKKAD DISTRICT.
      5       VINEETH ,
              AGED 31 YEARS
              S/O. VELAYUDHAN, CHERUKARA HOUSE, KALIYANAKAPU, KUMARAMPUTHUR,
              MANNARKKAD, PALAKKAD DISTRICT.
      6       ARUN,
              AGED 31 YEARS
              S/O. CHANDRAN,
              CHERUKARA HOUSE, COLLEGE (P.O.),
              MANNARKKAD, PALAKKAD DISTRICT.
              BY ADV NIREESH MATHEW
 Crl. M. C. NO. 5863 OF 2021
                                              2


RESPONDENTS/STATE, DE FACTO COMPLAINANT & OTHER INJURED:


       1         STATE OF KERALA
                 REPRESENTED BY THE PUBLIC PROSECUTOR,M HIGH COURT OF KERALA,
                 ERNAKULAM, KOCHI 682 031.
       2         MUBARAK,
                 AGED 38 YEARS
                 S/O. SAIDALAVI, PULLATH HOUSE, PALLIKUNNU (P.O.),
                 MANNARKKAD, PALAKKAD DISTRICT. 678 002
       3         ALI ASKAR,
                 AGED 31 YEARS
                 S/O. USMAN,
                 CHOLAKKADU HOUSE, PALLIKUNNU (P.O.),
                 MYLAMPADAM, 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. 5863 OF 2021
                                         3




                                   ORDER

Petitioners are the accused in C.C. No. 112 of 2017 on the

file of the Judicial First Class Magistrate's Court-I,

Mannarkkad which arose from the final report in Crime No.

769 of 2016 of Mannarkkad police station. In the said case

offences under Sections 143, 147, 148, 341, 323, 324 read with

149 of the IPC are alleged against accused persons, six in

number.

2. The incident had happened on 09.11.2016 at 19 hours.

It is stated that accused persons had formed an unlawful

assembly and in prosecution of their common object attacked

and injured respondents 2 and 3, who are the de facto

complainant and the injured in the case. It is stated that, at first

accused persons attacked the 2nd respondent with iron stick,

when the 3rd respondent had tried to intervene he was also

attacked and caused injuries. Petitioners say that the matter is

settled and hence entire proceedings are sought to be quashed Crl. M. C. NO. 5863 OF 2021

invoking jurisdiction 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 and C affidavits of party respondents 2

and 3 respectively also clearly suggest that the matter is settled

and they do not want to continue the proceedings.

5. It is further stated that a counter case, C.C. No. 14 of

2017 on the file of the Judicial First Class Magistrate's Court-I,

Mannarkkad has also been settled. Today, by separate order in

Crl. M.C. No. 5846 of 2021 in which party respondents 2 and 3

are also among the accused, that case has been quashed on the

ground of settlement reached among the parties. Similarly, the

accused in connected case S.C. No. 1065 of 2019 pending

before the Additional Sessions Court, Palakkad also have

moved this Court seeking quashment of the proceedings on the

ground of settlement. For parity of reasons and since both the

case and counter case and the connected Sessions Case stand Crl. M. C. NO. 5863 OF 2021

settled there is no purpose in continuing the proceedings.

Respondents 2 and 3 did not suffer serious injuries in the

occurrence; no public interest is involved in the case.

Therefore, entire proceedings in C.C. No. 112 of 2017 on the

file of the Judicial First Class Magistrate's Court-I,

Mannarkkad 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 5863/2021

PETITIONER ANNEXURES Annexure A TRUE PHOTO COPY OF THE FINAL REPORT DATED 05.01.2017. Annexure B AFFIDAVIT DATED 28.10.2021 EXECUTED BY THE 2ND RESPONDENT.

Annexure C AFFIDAVIT DATED 28.10.2021 EXECUTED BY THE 3RD RESPONDENT.

TRUE COPY

P.A.TO JUDGE