Kerala High Court
Faisal Cheriya Hamza vs State Of Kerala on 5 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CRL.MC NO. 2158 OF 2024
CRIME NO.856/2013 OF MANNARKKAD POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.141 OF 2014 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, MANNARKAD
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PETITIONERS/ACCUSED 1 TO 12:
1 FAISAL CHERIYA HAMZA,
AGED 34 YEARS
S/O CHERIYA HAMZA,
AYINELLI HOUSE, PUTTANIKKAD,
KANDAMANGALAM, MANNARKKAD,
PALAKKAD DISTRICT, PIN - 678 583.
2 CHERIYA HAMZA, AGED 55 YEARS
S/O KUNHAHEMMED, AYINELLI HOUSE,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT- 678 583.
3 ALI, AGED 55 YEARS
S/O MUHAMMED, ALIPARAMBAN,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT - 678 583.
4 SHOWKATHALI, AGED 40 YEARS
S/O AYISHA, VALLUVAMPUZHA HOUSE,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT - 678 583.
5 SAIFUDHEEN, AGED 32 YEARS
S/O AVARA, KOOMANCHERRY VEEDU,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT- 678 583.
6 AVARAN, AGED 58 YEARS
S/O MUHAMMED, KOOMANCHERRY VEEDU,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT - 678 583.
7 HAMZA, AGED 55 YEARS
S/O ERASNU, PUTHUPARAMBIL HOUSE,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT - 678 583.
8 FASALUDHEEN, AGED 31 YEARS
S/O MUHAMMEDALI,
CHERUMALAYIL HOUSE, PUTTANIKKAD,
KANDAMANGALAM, MANNARKKAD,
PALAKKAD DISTRICT - 678 583.
CRL.MC NO. 2158 OF 2024
2
9 MOOSA, AGED 49 YEARS
S/O MOIDEEN, OATHUPARAMBA VEEDU,
KANDAMANGALAM, MANNARKKAD,
PALAKKAD DISTRICT - 678 583.
10 SATHAR, AGED 42 YEARS
S/O MAMMOOTTI, CHERUMALAYIL HOUSE,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT - 678 583.
11 BASHEER, AGED 29 YEARS
S/O HAMSA, PUTHUPARAMBIL HOUSE,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT - 678 583.
12 SHALIMAR, AGED 33 YEARS
S/O ABDUL VAHAB, AYINELLI HOUSE,
PUTTANIKKAD, KANDAMANGALAM,
MANNARKKAD, PALAKKAD DISTRICT- 678 583.
BY ADVS.
ARUL MURALIDHARAN
A.P.BEELAMMA
RESPONDENT/STATE/DEFACTO COMPLAINANT/INJURED :
1 STATE OF KERALA
BY SUB INSPECTOR OF POLICE,
MANNARKKAD POLICE STATION,
PALAKKAD (CRIME NO. 856/2013 ),
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 SIHAB, S/O SAITHALAVI, AGED 28 YEARS,
KODUVALLI VEEDU, PUTTANIKKAD,
MANNARKKAD, PALAKKAD DISTRICT - 678 583.
3 KOZHIKKODAN MARKKAR
S/O MUHAMMED, AGED 38 YEARS,
KOZHIKKODAN HOUSE, PUTTANIKKAD,
KANDAMANGALAM, MANNARKKAD,
PALAKKAD DISTRICT, PIN - 678 583.
4 SHANIJ, S/O ABU, AGED 32 YEARS,
KAKKOTH HOUSE, PUTTANIKKAD,
KANDAMANGALAM, MANNARKKAD,
PALAKKAD DISTRICT, PIN - 678 583.
5 SIRAJ, S/O MOOSA, AGED 38 YEARS,
KOZHIKKODAN HOUSE, PUTTANIKKAD,
KANDAMANGALAM, MANNARKKAD,
PALAKKAD DISTRICT, PIN - 678 583.
6 ABDUL ASEES
S/O KUNJI MOIDEEN, AGED 39 YEARS,
CRL.MC NO. 2158 OF 2024
3
PALLATH HOUSE, PUTTANIKKAD,
KANDAMANGALAM, MANNARKKAD,
PALAKKAD DISTRICT, PIN - 678 583.
BY ADVS.
RAJESH SIVARAMANKUTTY -R2 - R6
VIJINA K.
SMT. SREEJA V. (PP)
SRI.NOUSHAD K.A
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2158 OF 2024
4
BECHU KURIAN THOMAS, J
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Crl.M.C.No.2158 of 2024
...................................................
Dated this the 5th day of April, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to
quash all proceedings against them.
2. Petitioners are accused Nos.1 to 12 in C.C.No.141/2014 on the files
of the Judicial First Class Magistrate Court, Mannarkkad, arising out
of Crime No.856/2013 of Mannarkkad Police Station, registered for
the offences punishable under Sections 143,147, 148, 341, 323, and
324 r/w Section 149 of the Indian Penal Code, 1860. The second
respondent is the de facto complainant and respondents 3 to 6 are
injured witnesses.
3. According to the prosecution, accused had, on 05.06.2013 formed
themselves into an unlawful assembly after restraining the de facto
complainant, and assaulting them, thereby committing the offences
alleged.
4. Heard the learned counsel for the petitioners and the learned counsel
for the respondents, apart from the learned Public Prosecutor.
CRL.MC NO. 2158 OF 2024
5. 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.
6. 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].
7. I have perused Annexure-C to Annexure-G affidavits filed by the
respondents 2 to 6. The learned Public Prosecutor has submitted that
upon verification, it is understood that the affidavits are genuine,
and the de facto complainant and other deponents 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
CRL.MC NO. 2158 OF 2024
proceedings will only be an exercise in futility.
Accordingly, all proceedings against the petitioners in
C.C.No.141/2014 on the files of the Judicial First Class Magistrate
Court, Mannarkkad, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/08/04/2024
CRL.MC NO. 2158 OF 2024
PETITIONER ANNEXURES
ANNEXURE A CERTIFIED COPY OF THE FIRST INFORMATION
REPORT DATED 5-6-2013 IN CRIME NO.
856/2013 OF MANNARKKAD POLICE STATION
ALONG WITH THE FIRST INFORMATION STATEMENT
GIVEN BY 2 ND RESPONDENT.
ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN C.C.
NO.141/2014 TAKEN COGNIZANCE AND PENDING
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE, MANNARKKAD.
ANNEXURE C AFFIDAVIT OF THE 2 ND RESPONDENT FILED
BEFORE THIS HON'BLE COURT DATED 13-3-2023.
ANNEXURE D AFFIDAVIT OF THE 3 RD RESPONDENT FILED
BEFORE THIS HON'BLE COURT DATED 31-1-2024.
ANNEXURE E AFFIDAVIT OF THE 4 TH RESPONDENT FILED
BEFORE THIS HON'BLE COURT DATED 31-1-2024.
ANNEXURE F AFFIDAVIT OF THE 5 TH RESPONDENT FILED
BEFORE THIS HON'BLE COURT DATED 31-1-2024.
ANNEXURE G AFFIDAVIT OF THE 6 TH RESPONDENT FILED
BEFORE THIS HON'BLE COURT DATED 31- 1-
2024.
TRUE COPY
