Abdul Zubair C.H @ Subair C.H vs State Of Kerala
2023 Latest Caselaw 3627 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. 2000 OF 2023
AGAINST THE ORDER/JUDGMENT CC 828/2021 OF JUDICIAL MAGISTRATE
 OF FIRST CLASS-I,KASARAGOD CRIME NO.595/2021 OF VIDYANAGAR
                        POLICE STATION
PETITIONERS/ACCUSED NOS.1 & 2 :

    1     ABDUL ZUBAIR C.H @ SUBAIR C.H
          AGED 39 YEARS, S/O ABBAS, EVEREST HOUSE,
          MASJID ROAD, CHENGALA VILLAGE,
          KASARGOD DISTRICT, PIN - 671 541.
    2     SARFAS, AGED 27 YEARS
          S/O ABBAS, EVEREST HOUSE,
          MASJID ROAD, CHENGALA VILLAGE,
          KASARGOD DISTRICT, PIN - 671 541.
          BY ADV RAVEENA K.R.


RESPONDENTS/COMPLAINANT & STATE :

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031.
    2     ABDUL BASITH B.A @ ABDUL BASITH
          AGED 20 YEARS, S/O B.M.ABDUL KHADER,
          ASHREEFA MANZIL, VIDYANAGAR POST,
          KASARGODE, PIN - 671 123.
    3     SIDDIQUE B.A @ SIDDIQUE
          AGED 26 YEARS, S/O B.M. ABDUL KHADER,
          ASHREEFA MANZIL, VIDYANAGAR POST,
          KASARGODE, PIN - 671 123.
          BY ADV PUBLIC PROSECUTOR
          PP SMT.SEETHA S,
          ADV.P.K SUBHASH



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 2000/2023


                                           2




                        BECHU KURIAN THOMAS, J
                       ...........................................
                           Crl.M.C.No.2000 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.828/2021 on the files of the

Judicial First Class Magistrate Court-I, Kasargod, arising out of

Crime No.595/2021 of Vidyanagar Police Station, Kasargod

District; registered for the offences under Sections 341, 323,

294(b), 506(i) r/w Section 34 of the Indian Penal Code, 1860.

Respondents 2 and 3 are the defacto complainant and the

injured witness.

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

counsel for the respondents, 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 CRL.MC 2000/2023

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 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-AII and Annexure-AIII affidavits filed

by respondents 2 and 3. The learned Public Prosecutor has

submitted that upon verification, it is understood that the

affidavits are genuine, and the defacto complainant and the

injured witness stand by the contents thereof. I am satisfied

that the matter has been settled and no public interest is

involved in this case. There is no impediment for granting the

prayer for quashing. The continuance of the proceedings will CRL.MC 2000/2023

only be an exercise in futility.

7. Accordingly, all proceedings against the petitioners in

C.C.No.828/2021 on the files of the Judicial First Class

Magistrate Court-I, Kasargod, arising out of Crime No.595/2021

of Vidyanagar Police Station, Kasargod District; are quashed.

The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/31/03/2023 CRL.MC 2000/2023

APPENDIX OF CRL.MC 2000/2023

PETITIONER ANNEXURES

ANNEXURE AI TRUE COPY OF THE FINAL REPORT IN CRIME NO.595 OF 2021 OF VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT ANNEXURE AII AFFIDAVIT SWORN TO BY 2ND RESPONDENT ANNEXURE AIII AFFIDAVIT SWORN TO BY 3RD RESPONDENT

TRUE COPY