Kerala High Court
Shafeek vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
CRL.MC NO. 6346 OF 2023
AGAINST THE ORDER/JUDGMENT IN CC 17/2019 OF JUDICIAL MAGISTRATE
FIRST CLASS COURT - III, ATTINGAL (TEMPORARY)
PETITIONERS/ACCUSED:
1 SHAFEEK, AGED 28 YEARS, S/O NUJUM, CHARUVILA PUTHEN
VEEDU, MANJAPARAMUZHI, PAZHAYAKUNNUMEL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695601
2 SHAN, AGED 28 YEARS, S/O SHIHABUDHEEN, PALLIKKUNNIL
VEEDU, NEAR MANJAPPARA PALLI, PAZHAYAKUNNUMEL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695601
BY ADV LATHEESH SEBASTIAN
RESPONDENTS/STATE AND COMPLAINANT AND INJURED:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER, KILIMANOOR POLICE STATION,
THIRUVANANTHAPURAM DISTRICT, PIN - 695601
3 ALTHAF, AGED 26 YEARS, S/O ABDUL LATHEEF, KONATHUPUTHEN
VEEDU,MOOZHY, MANJAPARA, PULIMATH VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT, PIN
- 695612
4 SHAHIN, AGED 26 YEARS, S/O SHAJAHAN, KUNNUVILA VEEDU,
MANJAPARA, PULIMATH VILLAGE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695612
5 ALTHAF, AGED 25 YEARS, S/O MUSTHAFA, KODIVILA VEEDU,
NEAR MOSQUE, MANJAPPARA, PAZHAYAKUNNUMEL VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT, PIN
- 695601
BY ADVS.
PUBLIC PROSECUTOR
NEETHU S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.6346 OF 2023
2
P.V.KUNHIKRISHNAN
---------------------
CRL.MC No.6346 of 2023
---------------------------
Dated this the 18th day of September, 2023
ORDER
This Crl.MC is filed to quash the proceedings based on
the settlement.
2. When this Crl.MC came up for consideration on
08.08.2023, this Court passed the following order:-
"Invoking section 482 of the Cr.P.C., this petition
has been filed seeking to quash the criminal proceedings
on the ground that the disputes between the parties
have been amicably resolved.
Having regard to the submissions advanced, there
will be a direction to the investigating officer concerned
to record the statement of the defacto
complainant/injured/victim and report as to whether the
assertion in the petition and the affidavits filed in
support that entire disputes have been resolved between
the parties concerned is true and genuine. The
investigating officer shall also report as to whether the
petitioners are persons with criminal antecedents, the
adverse social impact which may emanate, and also
whether there is any other impediment in terminating
the criminal proceedings.
Post on 11.09.2023."
CRL.MC NO.6346 OF 2023
3. Thereafter, when the matter came up for
consideration on 11.09.2023, this Court passed the following
order:-
"Respondents 3 to 5 will appear before the
Investigating officer on 15/09/2023 and give a statement
to the Investigating officer. Post on 18.09.2023."
4. Today, the learned Public Prosecutor submitted
that respondent Nos.3 to 5 have not appeared before the
investigating officer. If that is the case, this Crl.MC need not
be retained here. The petitioners are free to file fresh Crl.MC
once the matter is finally settled. The certified copy of the
affidavit produced shall be returned to the petitioners.
Granting liberty to the petitioners to file fresh Crl.MC,
this Crl.MC is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
CRL.MC NO.6346 OF 2023
APPENDIX OF CRL.MC 6346/2023
PETITIONERS ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT IN CRIME
NO 1818/2018 OF KILIMANOOR POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
Annexure 2 ORIGINAL AFFIDAVIT OF THE 3RD RESPONDENT
Annexure 3 ORIGINAL AFFIDAVIT OF THE 4TH RESPONDENT
Annexure 4 ORIGINAL AFFIDAVIT OF THE 5TH RESPONDENT
