Kerala High Court
Muhammed Anwar.K.A vs State Of Kerala on 20 May, 2022
Crl.M.C.No1649/2022 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. 1649 OF 2022
CRIME NO.186/2019 OF MELPARAMBA POLICE STATION, Kasargod
AGAINST THE ORDER/JUDGMENT IN CC 824/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,HOSDRUG
PETITIONER/ACCUSED:
1 MUHAMMED ANWAR.K.A.,
AGED 21 YEARS,
SON OF ABDULLAKUNHI,
KALLADA HOUSE, MELPARAMBA, CHEMMANAD VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT., PIN - 671 317.
2 MUHAMMED SAJJAD,
AGED 21 YEARS,
SON OF DAVOOD,
C.K.HOUSE, CHEMBARIKKA, KALANAD VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671 317.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 ABDUL HAKEEM.K.M.,
AGED 21 YEARS,
SON OF ABDUL KHADER.M.K,
KOMBAMPARA HOUSE, KALANAD.P.O, KALANAD VILLAGE,
KASARAGOD DISTRICT, PIN - 671 317.
BY ADV VIPIN T JOSE
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.No1649/2022 2
ORDER
The petitioners are accused in Crime No.186 of 2019 of
Melparamba Police Station, Kasaragod, which is now pending as
C.C.No.824 of 2019 on the file of the Judicial First Class Magistrate
Court-II, Hosdurg. The offences alleged against them are under
Section 143, 147, 148, 341, 323, 324, 506(i) read with 149 IPC.
2. The prosecution case is that on 22.08.2019 at 15.30
hours, the petitioners and thirteen others assaulted the 2 nd
respondent and threatened him. Annexure-AI is the FIR and
Annexure-AII is the final report submitted by the police against
petitioners herein. It is also revealed that some of the other
accused were juveniles and therefore, separate proceedings are in
progress against them before the Juvenile Justice Board. This
Crl.M.C. is filed for quashing all further proceedings pursuant to
Annexure-AI FIR.
3. Heard Sri.A.Arunkumar, learned counsel for the
petitioners, Sri.Vipin T.Jose, learned counsel for the 2 nd respondent
and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.
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, Annexure-AIII affidavit sworn by the
2nd respondent is filed along with this Crl.M.C. In the said affidavit,
the respondent 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 2nd respondent 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-AII final
report submitted in Crime No.186 of 2019 of Melparamba Police
Station and all further proceedings in C.C.No.824 of 2019 on the file
of the Judicial First Class Magistrate Court-II, Hosdurg, as against
the petitioners herein, are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/20.5.22
APPENDIX OF CRL.MC 1649/2022
PETITIONER ANNEXURES
Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO.186
OF 2019 OF MELPARAMBA POLICE STATION
Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 186 OF 2019 OF MELPARAMBA POLICE
STATION
Annexure AIII AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2
