Rayees K M vs State Of Kerala
2023 Latest Caselaw 13543 Ker

Kerala High Court

Rayees K M 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. 8979 OF 2023

         CRIME NO.722/2020 OF Chokli Police Station, Kannur

 AGAINST THE ORDER/JUDGMENT CC 462/2021 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS ,THALASSERY

PETITIONERS/ACCUSED 1 TO 8:

     1      RAYEES K M AGED 34 YEARS S/O SULAIMAN, RAHIYANATH
            MANZIL, POKKOM, CHOKLI, KANNUR, PIN - 670672
     2      RAYEES K P AGED 33 YEARS S/ O KASIM, CHEMBATH HOUSE,
            POKKOM,CHOKLI, KANNUR, PIN - 670672
     3      MIDHLAJ T AGED 31 YEARS S/O RAFEEK, THANISHERI HOUSE,
            POKKOM,CHOKLI, KANNUR, PIN - 670672
     4      CHERAKONTTU NAVAS AGED 38 YEARS S/O MAHAMOOD,
            POKKOM,CHOKLI, KANNUR, PIN - 670672
     5      MUHAMMED MARJAN AGED 25 YEARS S/O NAJEEB,
            CHEMBANTAVIDA HOUSE, POKKOM,CHOKLI, KANNUR, PIN -
            670672
     6      AMJATH ABDHULLA AGED 21 YEARS S /O ABDULLA, NELLIKAL
            HOUSE, POKKOM,CHOKLI, KANNUR, PIN - 670672
     7      MUHAMMED SHAFI P K AGED 22 YEARS S/O NASAR , MANNATH
            HOUSE, POKKOM,CHOKLI, KANNUR, PIN - 670672
     8      MUHAMMED ABDULLA AGED 20 YEARS S/O ASLAM, THAHA YOGHI
            MADAM, POKKOM,CHOKLI, KANNUR, PIN - 670672
            BY ADV RAIHANATH T.H.

RESPONDENTS/STATE-DEFACTO COMPLAINANT:

     1      STATE OF KERALA AGED 20 YEARS REPRESENTED BY PUBLIC
            PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
     2      SHAMSHAD K KADAM KUNNUMMAL HOUSE, PERIGHALAM AMSOM,
            PUKKOM, THALASSERY, KANNUR, PIN - 670672


            SRI NOUSHAD K.A. (SR PP)
            SRI. ANOOP KRISHNA

     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.8979 OF 2023
                                  2



                             ORDER

Petitioners are accused Nos.1 to 8 in Crime

No.722 of 2020 of Chokli Police Station, Kannur District,

which is now pending as C.C.No.462 of 2021 on the file of

the Judicial First Class Magistrate Court, Thalassery. The

petitioners face allegations of having committed the offence

punishable under Sections 143, 147, 509, 294(b), 506 and

149 of the Indian Penal Code.

2. The learned counsel appearing for the petitioners

would submit that all issues between the petitioners and

the 2nd respondent have been settled. It is submitted that

the allegation against the petitioners is that the petitioners

formed themselves into an unlawful assembly and with the

intention to insult the 2nd respondent, uttered obscene

words and outraged her modesty. The learned counsel

would submit that all issues between the petitioners and

the 2nd respondent have been settled and they do not wish

to continue with the prosecution in any manner. Crl.M.C. NO.8979 OF 2023

3. The learned Public Prosecutor and the learned

counsel appearing for the 2nd respondent would confirm

that all issues between the petitioners and the 2 nd

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 2nd 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

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

688], I am of the view that considering the nature of the Crl.M.C. NO.8979 OF 2023

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.722 of 2020 of Chokli Police

Station, Kannur District, which is now pending as

C.C.No.462 of 2021 on the file of the Judicial First Class

Magistrate Court, Thalassery, will stand quashed as

against the petitioners.

Sd/-

GOPINATH P. JUDGE SSK/21/12 Crl.M.C. NO.8979 OF 2023

PETITIONER ANNEXURES

Annexure - A CERTIFIED COPY OF THE FIRST INFORMATION REPORT A1 DATED 17.12.2020 IN CRIME NO. 722 / 2020 OF CHOKLI POLICE STATION, KANNUR DISTRICT Annexure - A CERTIFIED COPY OF THE FINAL REPORT DATED 26-03- A2 2021 IN C.C 462/2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY Annexure A3 THE AFFIDAVIT DATED 26.09.2023 OF THE 2 ND RESPONDENT