Thanseer vs State Of Kerala
2023 Latest Caselaw 1260 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                   CRL.MC NO. 9510 OF 2022
  AGAINST THE ORDER/JUDGMENT CC 240/2022 OF JUDICIAL FIRST
              CLASS MAGISTRATE COURT, KADAKKAL
PETITIONERS/ACCUSED 1 AND 2:

    1    THANSEER, S/O ABDUL KAREEM
         AGED 21 YEARS
         RESIDING AT TANZIA MANZIL HOUSE,
         KUMMIL VILLAGE, KUMMIL P.O.,
         CHAVARAKUNNU, KOLLAM, PIN - 691536

    2    NAJIMUDEEN
         AGED 45 YEARS
         S/O URUMANN KANNU,
         RESIDING AT CHARUVILLA HOUSE, KUMMIL VILLAGE,
         KUMMIL P.O, KOLLAM, PIN - 691536

          BY ADV MITHUN P.



RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

    2     SHAMMER KHAN
          AGED 33 YEARS
          S/O ABDUL RASHEED,
          RESIDING AT NRS VILLA, KUMMIL P.O., KUMMIL
          VILLAGE, KADAKKAL, KOLLAM, PIN - 691536

    3     ARUN BABU
          AGED 23 YEARS
          S/O BABU,
          RESIDING AT A A NIVAS, MATHIRA P.O.,
                                     2

Crl.M.C No.9510 of 2022



             MANGOD VILLAGE, KOLLAM, PIN - 691536

     4       SIYAD
             AGED 29 YEARS
             S/O YAHIYA ,
             RESIDING AT KOCHUKONNATH HOUSE,
             MATHIRA P.O., MANGOD VILLAGE, KOLLAM, PIN - 691536

             BY ADVS.
             PUBLIC PROSECUTOR
             MERIN THOMAS


             ADV C S HRITHWIK - SR PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   18.01.2023,      THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                      3

Crl.M.C No.9510 of 2022



                                ORDER

The petitioners are the accused Nos. 1 and 2 in Crime

No.401/2020 of Kadakkal Police Station which is now pending as

C.C No.240/2022 before the Judicial First Class Magistrate Court,

Kadakkal. The offences alleged against the petitioners are

punishable under Sections 447, 294(b), 323, 324, 506(ii) and 427

read with Section 34 of Indian Penal Code. The respondents 2 to

4 are the victims of the said crime. Annexure-A1 is the Final

Report submitted by the Police. This Crl.MC is filed for quashing

all further proceedings pursuant thereto.

2. Heard Sri.Mithun P, the learned counsel appearing for

the petitioners, Sri. C.S Hrithwik, the learned Public Prosecutor

appearing for the State and Smt.Merin Thomas, the learned

counsel appearing for the respondents 2 to 4.

3. The prayer for quashing the above proceedings is

sought for by the petitioners on the ground that, the dispute

between the parties has been settled and to substantiate the

same, the injured persons have sworn Annexures-A2 to A4

Crl.M.C No.9510 of 2022

affidavits respectively. The aforesaid affidavits indicate that, the

matter has been settled and the injured persons have no

subsisting grievance against the petitioners herein. They also

conveyed that they have no objection in quashing the proceedings

against the petitioners herein. The learned counsel for the

respondents Nos.2 to 4/injured persons also confirmed the same.

The learned Public Prosecutor upon instructions submitted that the

veracity of the settlement was verified by the Station House officer

concerned and before the SHO also, the injured persons have

reiterated that, they do not have any objection in quashing the

proceedings as they have no subsisting grievance against the

petitioners herein.

4. Going through the materials available on record, it is

discernible that, the dispute is basically private in nature and on

account of settlement arrived at between the parties, no purpose

would be served if the proceedings against the petitioners herein

were allowed to continue. In such circumstances, the chances of a

successful prosecution are very bleak. Therefore, I am of the view

that going by the decision in Gian Singh v. State of Punjab and

Crl.M.C No.9510 of 2022

Another [2012(4) KLT 108], this is a fit case in which the

powers of this Court under Section 482 of the Code of Criminal

Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure-A1 Final

Report in Crime No.401/2020 of Kadakkal Police Station and all

further proceedings in C.C.240/2022 pending before the Judicial

First Class Magistrate Court, Kadakkal as against the petitioners

are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.9510 of 2022

APPENDIX OF CRL.MC 9510/2022

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 401 OF 2020 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT

Annexure A2 AFFIDAVIT DATED 10.12.2022, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT

Annexure A3 AFFIDAVIT DATED 10.12.2022, SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT

Annexure A4 AFFIDAVIT DATED 10.12.2022, SOLEMNLY AFFIRMED BY THE 4TH RESPONDENT