Abdul Shahad P.M. @ Don Shahad vs State Of Kerala
2023 Latest Caselaw 3603 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                      CRL.MC NO. 1994 OF 2023
  AGAINST THE ORDER/JUDGMENT CC 232/2022 OF CHIEF JUDICIAL
 MAGISTRATE COURT,KASARAGOD [CRIME NO.394/2022 OF KASARAGOD
                          POLICE STATION]
PETITIONERS/ACCUSED NOS. 1 & 2 :

    1     ABDUL SHAHAD P.M. @ DON SHAHAD, AGED 24 YEARS
          SON OF MUHAMMED KUNHI, RESIDING AT ARAFATH NAGAR,
          MOGRAL PUTHUR, MOGRAL PUTHUR P.O.,
          KASARAGOD DISTRICT, PIN - 671 124.
    2     MOHAMMED SAHEER @ BALOOCHI, AGED 33 YEARS
          S/O. MUHAMMED ALI, RESIDING AT SAHEER MANZIL,
          NEAR SABAL NOOR MASJID, MAJAL,
          MOGRAL PUTHUR, MOGRAL PUTHUR P.O.,
          KASARAGOD DISTRICT., PIN - 671 124
          BY ADVS.
          T.MADHU
          C.R.SARADAMANI


RESPONDENTS/STATE :

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031.
    2     THE STATION HOUSE OFFICER
          KASARAGOD POLICE STATION,
          KASARAGOD DISTRICT, PIN - 671 121.
    3     MOHAMMED SHAFI, AGED 44 YEARS
          S/O.RAMJU, RESIDING AT DARUL ANYAL,
          RAHMATH NAGAR, ULIATHADKA,
          SHIRIBAGILU VILLAGE,
          KASARAGOD DISTRICT, PIN - 671 124.

          PP SMT.SREEJA V,
          ADV.THOMAS JOHN P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 1994/2023


                                              2




                           BECHU KURIAN THOMAS, J
                          ...........................................
                              Crl.M.C.No.1994 of 2023
                             .....................................
                      Dated this the 29th day of March, 2023

                                            ORDER

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to

quash all proceedings against them.

2. Petitioners are accused in C.C.No.232/2022 on the files of the Chief

Judicial Magistrate's Court, Kasaragode, arising out of Crime

No.394/2022 of Kasaragode Police Station, registered for the offences

under Section 392 r/w Section 34 of the Indian Penal Code, 1860.

The 3rd respondent is the defacto complainant.

3. Heard the learned counsel for the petitioners and the learned counsel

for the respondent, apart from the learned Public Prosecutor.

4. The learned counsel for the petitioners submitted that the matter has

been settled and hence the proceedings against the petitioners ought

to be quashed. It was also submitted that, considering the nature of

offences alleged, no purpose would be served by continuing the

proceedings.

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

the Apex Court has held that in appropriate cases, the High Court CRL.MC 1994/2023

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 and Others v. State of

Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and

Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

6. I have perused Annexure-A3 affidavit filed by the 3 rd 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.

7. However the learned Public Prosecutor submitted that both the

petitioners are involved in other crimes, which are as follows:

Sl. Accu Crime Nos. Offences u/s. Police Station No. sed 143,147,148, 323, 324,

1. A1 570/2017 427, 452, 308, 506(ii) Kasaragode r/w 149 of IPC

2. 860/2021 341, 365, 384 of IPC "

341, 323, 324, 308,

3. 493/2018 294(b), 506(ii) r/w 34 of "

IPC 294(b), 341, 324, 308 of

4. A2 76/2016 "

IPC

5. 274/2016 393 r/w 34 of IPC "

143, 147, 148, 341, 294(b), 323, 324 r/w 149

6. 611/2012 "

IPC and Sec.3(i)(x) of SC/ST Act.

                                             143, 147, 148, 427, 324
         7.        612/2012                                                      "
                                             r/w 149 IPC
 CRL.MC 1994/2023

8. Despite their involvement in four other crimes, I am of the view that

since the present dispute has been settled with the defacto

complainant, no purpose would be achieved by continuing the

proceedings.

9. Accordingly, all proceedings against the petitioners in

C.C.No.232/2022 on the files of the Chief Judicial Magistrate's Court,

Kasaragode, arising out of Crime No.394/2022 of Kasaragode Police

Station, are quashed.

The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/29/03/2023 CRL.MC 1994/2023

APPENDIX OF CRL.MC 1994/2023

PETITIONER ANNEXURES

ANNEXURE-A1 THE CERTIFIED COPY OF THE FIR DATED 24/4/2022 IN CRIME NO.394/2022 OF KASARAGODE POLICE STATION.

ANNEXURE-A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 25/8/2022 IN CRIME NO.394/2022 OF KASARAGODE POLICE STATION.

ANNEXURE-A3 THE AFFIDAVIT DATED 28/2/2023 SWORN IN BY THE THIRD RESPONDENT

TRUE COPY