Nusaif K vs State Of Kerala
2023 Latest Caselaw 13538 Ker

Citation : 2023 Latest Caselaw 13538 Ker
Judgement Date : 21 December, 2023

Kerala High Court

Nusaif K vs State Of Kerala on 21 December, 2023

Author: P Gopinath

Bench: P Gopinath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

 THURSDAY, THE 21ST DAY OF DECEMBER       2023 / 30TH AGRAHAYANA, 1945

                       CRL.MC NO. 10068 OF 2023

         CRIME NO.359/2017 OF Hosdurg Police Station, Kasargod

 AGAINST THE ORDER/JUDGMENT CC 866/2017 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -I,HOSDRUG

PETITIONERS/ACCUSED 1 AND 2:

     1       NUSAIF K AGED 35 YEARS SON OF MUHAMMED KUNHI, RESIDING
             AT CRESCENT HOUSE, KARUVALAM, PADANNAKAD, KANHANGAD
             NORTH, KASARAGOD DISTRICT, PIN - 671315
     2       MUHAMMED RAMSHEED K AGED 26 YEARS , S/O.MUHAMMED
             KUNHI, RESIDING AT CRESCENT HOUSE, KARUVALAM,
             PADANNAKAD, KANHANGAD NORTH, KASARAGOD DISTRICT, PIN
             - 671315
             BY ADVS. T.MADHU C.R.SARADAMANI

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

     1       STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
             COURT OF KERALA, PIN - 682031
     2       STATION HOUSE OFFICER HOSDURG POLICE STATION,
             KASARAGOD DISTRICT, PIN - 671315
     3       SAKKEENA C.H AGED 44 YEARS D/O.SALEEM, RESIDING AT
             COLONY HOUSE, PILLERPEEDIKA, NHANIKKADAVU, PADANNAKAD,
             HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671315


             SRI NOUSHAD K.A. (SR PP)
             SRI.SINORAJ

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. NO.10068 OF 2023
                                   2




                             ORDER

Petitioners are accused Nos.1 and 2 in Crime

No.359 of 2017 of Hosdurg Police Station, Kasargod

District, now pending as C.C.No.866 of 2017 on the file of

the Judicial First Class Magistrate Court-I, Hosdurg. The

petitioners face allegations of having committed the offence

punishable under Sections 341, 394(b), 506(i) r/w Section

34 of the Indian Penal Code.

2. The learned counsel appearing for the petitioners

would submit that all issues between the petitioners and

the 3rd respondent have been settled. It is submitted that

the allegation against the petitioners is that the petitioners

wrongfully restrained the 3rd respondent and abused her

using filthy language and threatened to kill her. The

learned counsel would submit that all issues between the

petitioners and the 3rd respondent have been settled and Crl.M.C. NO.10068 OF 2023

they do not wish to continue with the prosecution in any

manner.

3. The learned Public Prosecutor and the learned

counsel appearing for the 3rd respondent would confirm

that all issues between the petitioners and the 3 rd

respondent have been settled and they do not wish to

continue with the prosecution in any manner.

4. Having heard the learned counsel for the

petitioners, the learned Public Prosecutor and the learned

counsel for the 3rd respondent, I am of the view that the

proceedings against the petitioners can be terminated in

exercise of the jurisdiction vested in this Court under

Section 482 of Cr.P.C. No public interest will be served by

continuing with the proceedings against the petitioners.

The nature of the offences does not compel me to hold that

the proceedings cannot be quashed on the ground of

settlement. Keeping the principles laid down by the

Supreme Court in Gian Singh v. State of Punjab and

Another; [(2012) 10 SCC 303)], and State of Madhya Crl.M.C. NO.10068 OF 2023

Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC

688], I am of the view that considering the nature of the

offences alleged against the petitioners the proceedings

can be quashed on the basis of settlement.

Accordingly, this Crl.M.C is allowed and all further

proceedings in Crime No.359 of 2017 of Hosdurg Police

Station, Kasargod District, now pending as C.C.No.866 of

2017 on the file of the Judicial First Class Magistrate Court-

I, Hosdurg, will stand quashed as against the petitioners.

Sd/-

GOPINATH P. JUDGE SSK/21/12 Crl.M.C. NO.10068 OF 2023

APPENDIX OF CRL.MC 10068/2023

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE FIR DATED 30/3/2017 IN CRIME NO.359/2017 OF HOSDURG POLICE STATION; KASARAGOD DISTRICT Annexure A2 THE TRUE COPY OF THE FINAL REPORT DATED NIL IN CRIME NO.359/2017 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT Annexure A3 THE AFFIDAVIT DATED 21/11/2023 SWORN IN BY THE THIRD RESPONDENT