Sajad vs State Of Kerala
2023 Latest Caselaw 771 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                   CRL.MC NO. 8049 OF 2022
 AGAINST THE ORDER/JUDGMENT CC 956/2017 OF JMFC, KALAMASSERY
                         (TEMPORARY)
PETITIONER/ACCUSED 1-4 IN CRIME NO 1403/2016:

    1    SAJAD
         AGED 27 YEARS
         S/O MOHAMMED SHAFI,
         THRIKKAKARA NORTH VILLAGE,
         KALAMASSERRY,
         ERNAKULAM CITY,
         KERALA- 682022.

    2    AHAMMED MOUSU
         AGED 27 YEARS
         S/O MOHAMMED,
         THRIKKAKARA NORTH VILLAGE,
         KALAMASSERRY,
         ERNAKULAM CITY,
         KERALA- 682022.,

    3    DANISH Y.S
         AGED 26 YEARS
         S/O YOOSAF A.P,
         THRIKKAKARA NORTH VILLAGE,
         KALAMASSERRY,
         ERNAKULAM CITY,
         KERALA
         PIN - 682022

    4    AMAL MOHAN
         AGED 26 YEARS
         S/O MOHANAN
         THRIKKAKARA NORTH VILLAGE,
         KALAMASSERRY,
         ERNAKULAM CITY,
         KERALA- 682022.
                                     2

Crl.M.C No.8049 of 2022

             BY ADVS.
             ANITHA MATHAI MUTHIRENTHY
             MIDHUN S. KARUN



RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

     2       MUHAMMED SHERIN
             AGED 25 YEARS
             S/O MOITHU,
             KANDAMBATHU HOUSE,
             OORATHU KARA,
             KUTTYADI,
             KOZHIKODE,
             KALAMASSERRY,
             ERNAKULAM, PIN - 682022

             BY ADV RAHMATHULLAH.M


             Sr PP Sri Vipin Narayanan



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   12.01.2023,      THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                     3

Crl.M.C No.8049 of 2022

                              ORDER

The petitioners are the accused Nos. 1 to 4 in Crime

No.1403/2016 of Kalamasserry Police Station which is now

pending as C.C No.956/2017 before the Judicial First Class

Magistrate Court, Kalamasserry. The offences alleged against the

petitioners are punishable under Sections 341, 323 and 506(i)

read with Section 34 of Indian Penal Code. The aforesaid crime

was registered on the basis of the information submitted by the

2nd respondent who is the victim of the crime. Annexure-A1 is the

FIR and Annexure A2 is the Final Report submitted by the Police.

This Crl.MC is filed for quashing all further proceedings pursuant

to Annexure-A2.

2. Heard Sri. Anitha Mathai Muthirenthy, the learned

counsel appearing for the petitioners, Sri. Vipin Narayan, the

learned Public Prosecutor appearing for the State and

Sri.Rahmathullah M, the learned counsel appearing for the 2nd

respondent.

3. The prayer for quashing the above proceedings is

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

Crl.M.C No.8049 of 2022

between the parties has been settled and to substantiate the

same, the injured person has sworn Annexure-A3 affidavit. The

aforesaid affidavit indicates that, the matter has been settled and

the injured person has no subsisting grievance against the

petitioners herein. He also conveyed that he has no objection in

quashing the proceedings against the petitioners herein. The

learned counsel for the 2nd respondent/injured person 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 person has reiterated that, he does not have

any objection in quashing the proceedings as he has 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.8049 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-A2 Final

Report in Crime No.1403/2016 of Kalamasserry Police Station and

all further proceedings in C.C.No.956/2017 pending before the

Judicial First Class Magistrate Court, Kalamasserry as against the

petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.8049 of 2022

APPENDIX OF CRL.MC 8049/2022

PETITIONER ANNEXURES

Annexure A1 THE CERTIFIED COPY OF THE FIR NO. 1403 OF 2016 DATED 27/09/2016 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERRY

Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 18/04/2017 FILED BY KALAMASSERRY POLICE STATION

Annexure A3 THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT DATED 17/10/2022