Kerala High Court
Akshay vs State Of Kerala on 20 May, 2022
Crl.M.C.No.2714/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
CRL.MC NO. 2714 OF 2022
CRIME NO.231/2019 OF Edavanna Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT IN CC 369/2020 OF CHIEF JUDICIAL
MAGISTRATE ,MANJERI
PETITIONERS/ACCUSED:
1 AKSHAY,
AGED 25 YEARS,
S/O.KUNJUTTY, KADERI HOUSE, THANKAYAM, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
2 FASIL,
AGED 26 YEARS,
S/O.HANEEFA, KINATTINGAL HOUSE,
KOLAKKATTIRI, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
3 JISHIN @ MUTHUTTAN,
AGED 29 YEARS,
S/O.SANKARAN, PUTHUKKODAN HOUSE,
POONTHOTTAM, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
4 JALAL,
AGED 33 YEARS,
S/O.ABDULLA, PUTHUKANDATHIL HOUSE,
KOLAKKATTIRI, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
5 SREESHNU,
AGED 22 YEARS,
S/O.SUASH CHANDRA BOS,
AGED 22 YEARS, PALLIKKATHODI HOUSE ,
KOLAKKATTIRI, THIRUVALI,
MALAPPURAM DISTRICT, PIN - 676 123.
Crl.M.C.No.2714/2022 2
BY ADV K.RAKESH
RESPONDENTS/STATE/DE FACTO COMPLAINANT & INJURED:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
EDAVANNA POLICE STATION,
MALAPPURAM DISTRICT, PIN - 676 541.
3 ABU FAHIS,
AGED 20 YEARS,
S/O.YAKOOB, NALAKATH HOUSE, NILAMBUR TALUK,
KARUNALAYAPADI, WANDOOR,
MALAPPURAM DISTRICT, PIN - 679 328.
4 MUHAMMED NISHAN,
AGED 19 YEARS,
S/O.NISAMUDHEEN,
EMADAN HOUSE, KOTTANPARA, WANDOOR P.O.,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN - 679
328.
5 MUHAMMED RAHEES,
AGED 19 YEARS,
S/O.ABDULLA,
THAZHE PARAMBAN HOUSE, AYANIKODE, PORUR P.O.,
WANDOOR, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679 339.
6 HARSHAN,
AGED 20 YEARS,
S/O.MOHANAN,
PARAYIL HOUSE, NILAMBUR TALUK, VALORINGAL,
PUNNAPPALA P.O., WANDOOR,
MALAPPURAM DISTRICT, PIN - 679 328.
7 FASAL, AGED 20 YEARS,
S/O.SALAM, PATTIKKADAN HOUSE,
Crl.M.C.No.2714/2022 3
PAZHAYA VANIYAMBALAM P.O.,
WANDOOR, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679 339.
BY ADVS.
R1 & R2 BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
R3 TO R7 BY K.S.PRAVEEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.2714/2022 4
ORDER
Petitioners are the accused in Crime No.231 of 2019 of
Edavanna Police Station, which is now pending as C.C.No.369 of
2020 on the file of Chief Judicial Magistrate Court, Manjeri. The
offences alleged against the petitioners are punishable under
Sections 143, 147, 148, 341, 323, 324 read with Section 149
IPC.
2. The prosecution case is that on 11.10.2019 at about
16.00 hours, in furtherance of their common object, they
assaulted respondents 3 to 7 with dangerous weapons such as
stick and vehicle key. Annexure-A is the FIR submitted by the
police. Annexure-B is the final report filed. This Crl.M.C is filed
by the petitioner for quashing all further proceedings pursuant
to Annexure-B final report.
3. Heard Sri.Rakesh K., learned counsel for the
petitioners and Sri.C.S.Hrihwik, learned Public Prosecutor for
the State and Sri.K.S.Praveen, learned counsel appearing for the
respondents 3 to 7.
4. Prayer for quashing the proceedings is sought mainly
on the ground that the dispute between the parties has been
settled. To substantiate the settlement, Annexures-C, D, E, F
and G affidavits sworn by respondents 3 to 7 are filed along with
this Crl.M.C. In the said affidavits, the respondents had
explicitly acknowledged the aforesaid settlement and also
conveyed the no-objection to quash the proceedings against the
petitioners herein. The learned counsel appearing for the
respondents 3 to 7 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 mainly 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-B final
report submitted in crime No.231 of 2019 of Edavanna Police
Station and all further proceedings in C.C.No.369 of 2020 on the
file of the Chief Judicial Magistrate Court, Manjeri, as against
the petitioners herein, are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/20.5.22
APPENDIX OF CRL.MC 2714/2022
PETITIONER ANNEXURES
Annexure A A CERTIFIED COPY OF THE FIR IN CRIME
NO.231/2019 OF THE EDAVANNA POLICE
STATION DATED 14-10-2019
Annexure B A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.231/2019 OF THE EDAVANNA POLICE
STATION
Annexure C TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENT DATED, 20-11-2021
Annexure D TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 4TH RESPONDENT DATED, 20-11-2021
Annexure E TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 5TH RESPONDENT DATED, 20-11-2021
Annexure F TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 6TH RESPONDENT DATED, 20-11-2021
Annexure G TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 7TH RESPONDENT DATED, 20-11-2021
