Rabith C.P vs State Of Kerala
2023 Latest Caselaw 11784 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                        CRL.MC NO. 7961 OF 2023
     CRIME NO.663/2022 OF Thaliparamba Police Station, Kannur
AGAINST THE ORDER/JUDGMENT CC 1135/2022 OF JUDICIAL MAGISTRATE OF
                        FIRST CLASS ,TALIPARAMBA


PETITIONER/S:

    1     RABITH C.P
          AGED 33 YEARS
          CHERIYA POOKKOSINTAKATHU, CHORAKKALA, KURUMATHUR
          MANCHAAL KANNUR RURAL, KANNUR DISTRICT,, PIN - 670142

    2     SABITH C.P
          AGED 36 YEARS
          S/O.MUHAMMED ALI, CHERIYA POOKKOSINTAKATHU, CHORAKKALA,
          KURUMATHUR MANCHAAL KANNUR RURAL, KANNUR DISTRICT, PIN
          - 670142

    3     SALMATH C.P
          AGED 25 YEARS
          D/OMUHAMMED ALI, CHERIYA POOKKOSINTAKATHU, CHORAKKALA,
          KURUMATHUR MANCHAAL KANNUR RURAL, KANNUR DISTRICT, PIN
          - 670142

    4     KHADEEJA C.P
          AGED 57 YEARS
          W/O KASIM, CHERIYA POOKKOSINTAKATHU, CHORAKKALA,
          KURUMATHUR MANCHAAL KANNUR RURAL, KANNUR DISTRICT, PIN
          - 670142

          BY ADVS.
          P.S.ANISHAD
          LIMNA BHASKARAN
          T.AJITH KUMAR



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
 Crl. M.C. No.7961/2023             -2-

      2       MUHAMMED ASHRAF
              AGED 34 YEARS
              S/O. MUHAMMED, PANIKKARAKATH PARAKKADAVATH, KADAMBERI,
              KANNUR RURAL, KANNUR DISTRICT, PIN - 670563

      3       MUHAMMED SHEREEF
              AGED 30 YEARS
              S/O MUHAMMED, PANIKKARAKATH PARAKKADAVATH, KADAMBERI,
              KANNUR RURAL, KANNUR DISTRICT, PIN - 670563

      4       RAHIYANATH
              AGED 60 YEARS
              W/O.MUHAMMED, PANIKKARAKATH PARAKKADAVATH, KADAMBERI,
              KANNUR RURAL, KANNUR DISTRICT, PIN - 670563


OTHER PRESENT:

              SRI VIPIN NARAYAN (SR PP)/ SRI. K.R. ARUN KRISHNAN (FOR
              RESPONDENT)




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.7961/2023               -3-

                                 ORDER

The petitioners are accused Nos.1 to 4 in Crime No.663/2022 of

Taliparamba Police Station, Kannur District which is now pending as

C.C.No.1135/2022 before the Judicial First Class Magistrate Court,

Taliparamba. The petitioners face prosecution under Sections 451, 294 (b),

506, 323, 324, 427 of the Indian Penal Code.

2. When the matter is taken up for consideration today it is the

submission of the learned counsel for the petitioners that all issues between

the petitioners and respondents 2 to 4 (de facto complainants) have been

settled. He also produced affidavits of respondents 2 to 4 as Annexures-A2 to

A4.

3. Heard the learned Public Prosecutor and learned counsel for

respondents 2 to 4.

4. Having regard to the facts and circumstances of the case and

considering the fact that all issues between the petitioners and respondents 2

to 4 have been settled and also considering Annexures-A2 to A4 affidavits of

the respondents 2 to 4, I am of the view that this is fit case where, the

jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked and the

proceedings against the petitioners can be quashed on the ground of

settlement. Keeping in mind the law laid down by the Supreme Court in Gian

Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v.

Laxmi Narayan; (2019) 5 SCC 688, I am of the view that the proceedings

against the petitioners can be quashed on the ground of settlement. No public

purpose would be served by continuing with the proceedings against the

petitioners. The chances of a successful prosecution are remote. In the result,

this Crl.M.C. is allowed and all further proceedings against the petitioners, in

C.C.No.1135/2022 before the Judicial First Class Magistrate Court,

Taliparamba will stand quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 7961/2023

PETITIONER ANNEXURES

Annexure A1 A CERTIFIED COPY OF THE CHARGE SHEET IN C.C.

NO.1135/2022 (CRIME NO. 1325/2022 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT)

Annexure A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANTS, DATED 08/08/2023

Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT, DATED 14/08/2023

Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT, DATED 08/08/2023