Muhammed Shafi vs State Of Kerala
2023 Latest Caselaw 4482 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                      CRL.MC NO. 2735 OF 2022
   IN SC 714/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
                      (POCSO CASES), KOZHIKODE


PETITIONERS/ACCUSED NS. 2 AND 7:

    1     MUHAMMED SHAFI,
          AGED 33 YEARS
          S/O. YOOSUF,
          KATTIL KUNNUMMAL, PANNUR,
          KIZHAKKOTH P.O, KODUVALLY,
          KOZHIKODE DISTRICT, PIN - 673572

    2     MUHAMMED SHABEEB,
          AGED 27 YEARS
          S/O. MUHAMMED ASHARAF,
          VILAKKANAPPARAMBATH, PANNUR,
          KIZHAKKOTH P.O, KODUVALLY,
          KOZHIKODE DISTRICT, PIN - 673572

          BY ADVS.
          K.M.FIROZ
          M.SHAJNA


RESPONDENTS/STATE-COMPLAINANT & ALLEGED VICTIMS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

    2     THE SUB INSPECTOR OF POLICE,
          KODUVALLY POLICE STATION,
          KOZHIKODE DISTRICT, PIN - 673572

    3     MUHAMMED RAHIL,
          AGED 22 YEARS
          S/O. USMAN,
          EDAVALAKANDIYIL HOUSE,
          KIZHAKKOTH P.O, KODUVALLY,
          KOZHIKODE DISTRICT, PIN - 673572
     4     DILSHAD,
          AGED 25 YEARS
          S/O. MUHAMMED,
          KUNDATHIL HOUSE,
          KIZHAKKOTH P.O., KODUVALLY,
          KOZHIKODE DISTRICT, PIN - 673572

          BY ADV P.C.MUHAMMED NOUSHIQ


OTHER PRESENT:

          SRI.NOUSHAD. K.A


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2735 of 2022

                                      3




                      BECHU KURIAN THOMAS, J.
                     ====================
                       Crl.M.C.No.2735 of 2022
                    =====================
                   Dated this the 12th day of April, 2023


                                  ORDER

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C

to quash all proceedings against them.

2. Petitioners are accused Nos. 2 and 7 in S.C. No.714/2019 on

the files of the Additional District and Sessions Court (POCSO Cases),

Kozhikode, arising out of Crime No.562/2015 of Koduvally Police

Station, Kozhikode District, registered for the offences under Sections

143, 147, 148, 341, 323 and 308 r/w Section 149 of the Indian Penal

Code, 1860. Respondents 3 and 4 are the defacto complainant and

the injured witness.

3. Heard the learned counsel for the petitioners and the learned

counsel for the respondents, apart from the learned Public Prosecutor.

4. The learned counsel for the petitioners submitted that the

matter has been settled and hence the proceedings against the

petitioners ought to be quashed. It was also submitted that,

considering the nature of offences alleged, no purpose would be

served by continuing the proceedings.

5. In Gian Singh v. State of Punjab and Another [(2012) 10

SCC 303], the Apex Court has held that in appropriate cases, the High Crl.M.C.No.2735 of 2022

Court can take note of the amicable resolution of disputes between the

victim and the wrongdoer to put an end to the criminal proceedings.

This view was reiterated in Narinder Singh and Others v. State of

Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and

Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

6. I have perused Annexure A3 and Annexure A4 affidavits filed

by respondents 3 and 4. The learned Public Prosecutor has submitted

that upon verification, it is understood that the affidavits are genuine,

and the defacto complainant and the other deponent stand by the

contents thereof. I am satisfied that the matter has been settled and

no public interest is involved in this case. There is no impediment for

granting the prayer for quashing. The continuance of the proceedings

will only be an exercise in futility.

7. Accordingly, all proceedings against the petitioners in

S.C. No.714/2019 on the files of the Additional District and Sessions

Court (POCSO Cases), Kozhikode, are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/12.04.23.

Crl.M.C.No.2735 of 2022

APPENDIX OF CRL.MC 2735/2022

PETITIONERS ANNEXURES Annexure A1 TRUE COPY OF FINAL REPORT IN CRIME NO.

562 OF 2015 OF KODUVALLY POLICE STATION, KOZHIKODE ALONG WITH MEMORANDUM OF EVIDENCE

Annexure A2 CERTIFIED COPY OF THE JUDGMENT IN SC NO.

1207 OF 2016 PASSED BY ADDITIONAL DISTRICT AND SESSIONS COURT ( POCSO CASES), KOZHIKODE

Annexure A3 AFFIDAVIT SWORN IN BY 3RD RESPONDENT.

Annexure A4 AFFIDAVIT SWORN IN BY 4TH RESPONDENT.