Shamsudheen vs State Of Kerala
2023 Latest Caselaw 1763 Ker

CRL.MC NO. 395 OF 2023
                                   1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         CRL.MC NO. 395 OF 2023
 AGAINST THE ORDER/JUDGMENT in CC 300/2021 OF JUDICIAL MAGISTRATE
                        OF FIRST CLASS ,CHITTUR
PETITIONER/S:

    1     SHAMSUDHEEN
          AGED 58 YEARS
          R/AT VEERAMPOTTA, ATHIKODE P.O. KOZHINJAMPARA, PALAKKAD
          DISTRICT, PIN - 678554
    2     LIYAKKATHALI
          AGED 55 YEARS
          S/O ABDUL KHADER, R/AT MEHAR MANZIL, VEERAMPOTTA,
          ATHIKODE P.O. KOZHINJAMPARA, PALAKKAD DISTRICT, PIN -
          678554
    3     SHIKANTHAR BASHA
          AGED 55 YEARS
          S/O.SAIDU MUHAMMED, POLLACHI ROAD, KOZHINJAMPARA P.O.
          PALAKKAD DISTRICT,, PIN - 678555
    4     HIDAYATHULLA
          AGED 52 YEARS
          S/O.NOOR MUHAMMED, AGED 52 YEARS, VEERAMPOTTA, ATHIKODE
          P.O. KOZHINJAMPARA, PALAKKAD DISTRICT,, PIN - 678554
    5     RAFIQUE
          AGED 32 YEARS
          S/O.SHIKANTHAR BHASHA, POLLACHI ROAD, KOZHINJAMPARA
          P.O. PALAKKAD DISTRICT,, PIN - 678555
    6     NAVAB SHERIFF
          AGED 31 YEARS
          S/O.ABDUL MAJEED, POLLACHI ROAD, KOZHINJAMPARA P.O.
          PALAKKAD DISTRICT,, PIN - 678555
          BY ADVS.
          T.K.SANDEEP
          VEENA HARIKUMAR


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
 CRL.MC NO. 395 OF 2023
                                2

          KERALA, ERNAKULAM, PIN - 682031
    2     SHAFEEQ
          AGED 32 YEARS
          S/O.MUHAMMED GHANI, R/AT ALAMBADI, KOZHINJAMPARA P.O.
          PALAKKAD DISTRICT, PIN - 678555
          BY ADV SWETHA R.


OTHER PRESENT:

          PP SRI.NOUSHAD K.A


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 395 OF 2023
                                          3

                        BECHU KURIAN THOMAS, J.
                       ====================
                         Crl.M.C.No.395 of 2023
                      =====================
                      Dated this the 1st day of February, 2023

                                     ORDER

Petitioners have invoked the jurisdiction under Section 482

Cr.P.C to quash all proceedings against them.

2. Petitioners are accused Nos.1 to 6 in C.C.No.300/2021 on

the files of the Judicial First Class Magistrate's Court, Chittur,

registered for the offences under Sections 143, 147, 148, 341, 323,

and 324 r/w Section 149 of the Indian Penal Code, 1860. The 2nd

respondent is the defacto complainant. It is submitted that the

matter has been settled, and the criminal proceedings against the

petitioners may be quashed.

3. Heard Sri.T.K.Sandeep, the learned counsel for the

petitioners, Smt.Swetha, the learned Counsel for the defacto

complainant apart from Sri.K.A.Noushad, the learned Public

Prosecutor.

4. In Gian Singh v. State of Punjab [(2012) 10 SCC 303],

the Apex Court has held that in appropriate cases, the High 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 v. State of Punjab [(2014) 6

SCC 466] and Yogendra Yadav and Others v. State of Jharkhand

and Another [(2014) 9 SCC 653].

CRL.MC NO. 395 OF 2023

5. I have perused Annexure III affidavit filed by the 2 nd

respondent. The learned Public Prosecutor has submitted that upon

verification, it is understood that the affidavit is genuine, and the

defacto complainant stands by the contents thereof. I am satisfied

that the matter has been settled and no public interest is involved in

this case. The continuance of the proceedings will only be an exercise

in futility. Further, there is no impediment for granting the prayer too.

6. Accordingly, all proceedings against the petitioners in

C.C.No.300/2021 on the files of the Judicial First Class Magistrate's

Court, Chittur are quashed.

This Crl.M.C is allowed.

sd/

BECHU KURIAN THOMAS JUDGE jm/ CRL.MC NO. 395 OF 2023

APPENDIX OF CRL.MC 395/2023

PETITIONER ANNEXURES Annexure I A CERTIFIED COPY OF THE F.I.R. IN CRIME NO.26/2020 REGISTERED BY KOZHINJAMPARA POLICE, PALAKKAD DATED 20.01.2020 Annexure II A CERTIFIED COPY OF FINAL REPORT IN CRIME NO.

26/2020 DATED 31.12.2020 OF KOZHINJAMPARA POLICE STATION, PALAKKAD DISTRICT ALONG WITH LIST OF WITNESS Annexure III THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 26.12.2022