Abdul Jaleel Kooliyadan vs State Of Kerala
2023 Latest Caselaw 432 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                          CRL.MC NO. 9234 OF 2022
         AGAINST THE ORDER/JUDGMENT CC 660/2022 OF CHIEF JUDICIAL
                            MAGISTRATE ,MANJERI
PETITIONER/3RD ACCUSED:

             ABDUL JALEEL KOOLIYADAN
             AGED 51 YEARS
             S/O UNNI MOIDEEN
             AGED 51 YEARS, MANJERI, MULLUMBARA
             CHOLACKAL, MALAPPURAM DISTRICT.
             (WRONGLY SHOWN AS 'KOOLIYADAN RASHEED' IN THE FINAL
             REPORT), PIN - 676121

             BY ADV SOJAN MICHEAL



RESPONDENT/STATE AND DEFACTO COMPLAINANT:

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

     2       NANDAKUMAR
             S/O ACHUDHAKURUPU, AGED 66 YEARS,
             MEETHAL HOUSE, MELAKAM DESOM, KURUVAMBRAM AMSOM
             MALAPPURAM DISTRICT
             PIN - 676123

             BY ADVS.
             PUBLIC PROSECUTOR
             ANTONY ROBERT DIAS



     THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
11.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                      2

Crl.M.C No.9234 of 2022

                                ORDER

The petitioner is the 3rd accused in Crime No.571/1992 of

Manjeri Police Station which is now pending as C.C No. 660/2022

before the Chief Judicial Magistrate Court, Manjeri. The offences

alleged against the petitioner and the other accused are

punishable under Sections 143, 147, 148 and 427 read with

Section 149 of Indian Penal Code. Annexure-1 is the Final Report

submitted by the Police. The 2nd respondent is the defacto

complainant. It is pointed out that, the trial on the basis of the

same is already conducted and all the accused persons except the

petitioner were acquitted by the learned Magistrate concerned.

The case against the petitioner has been split up and now it

stands refiled and pending before the Chief Judicial Magistrate

Court, Manjeri. This Crl.M.C is filed for quashing all further

proceedings in the said Calendar Case pursuant to Annexure-1.

2. Heard Sri. Sojan Micheal, the learned counsel appearing

for the petitioner, Smt.Sreeja V, the learned Public Prosecutor

appearing for the State and Sri. Antony Robert Dias, the learned

counsel appearing for the 2nd respondent.

Crl.M.C No.9234 of 2022

3. The prayer for quashing the above proceedings is

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

between the parties has been settled and to substantiate the

same, the defacto complainant/2nd respondent has sworn

Annexure-2 affidavit. The aforesaid affidavit indicates that, the

matter has been settled and the 2nd respondent has no subsisting

grievance against the petitioner herein. He also conveyed that he

has no objection in quashing the proceedings against the

petitioner herein. The learned counsel for the 2nd respondent/

defacto complainant 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 2nd respondent has reiterated that,

he does not have any objection in quashing the proceedings as he

has no subsisting grievance against the petitioner 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 petitioner herein

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

Crl.M.C No.9234 of 2022

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

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

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-1 Final Report

in Crime No.571/1992 of Manjeri Police Station and all further

proceedings in C.C.No.660/2022 pending before the Chief Judicial

Magistrate Court, Manjeri as against the petitioner are hereby

quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.9234 of 2022

APPENDIX OF CRL.MC 9234/2022

PETITIONER ANNEXURES

Annexure1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO: 571/1992 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT DATED 30.04.1993

Annexure2 AFFIDAVIT DATED 09.12.2022 SWORN BY THE 2ND RESPONDENT