Kerala High Court
Mujeeb vs State Of Kerala on 2 August, 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 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
CRL.MC NO. 4376 OF 2024
CRIME NO.377/2008 OF Ernakulam North Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.399 OF 2018 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONERS:
1 MUJEEB
AGED 44 YEARS
S/O MUNEER,
MULAVUKAD VILLAGE,
NORTH SIDE BOLGATTY HOTEL,
NEAR AYYAPPANKAVU TEMPLE,
ERNAKULAM, PIN - 682504
2 SURYA @ KARUPAYYA
AGED 36 YEARS
S/O KUMAR,
192A,
KOOTTUNGAL THARA,
KANNIKKAL, KUTTIKAATTUKARA,
ELOOR, ERNAKULAM,,
PIN - 683501
BY ADV VISAKH K.P
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 MOHAMMED RAFEEK @ RAFI
AGED 38 YEARS,
S/O SALIM A.S,
PAARAPURATH HOUSE, VATTEKUNNAM,
MUTTARKARA, ERNAKULAM NORTH P.O,
THRIKKAKARA VILLAGE,
KANAYANNOOR TALUK,
ERNAKULAM DISTRICT-, PIN - 682024
CRL.MC NO. 4376 OF 2024
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2024:KER:60449
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 02.08.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 4376 OF 2024
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2024:KER:60449
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C. No. 4376 of 2024
----------------------------------------
Dated this the 2nd day of August, 2024
ORDER
Petitioners have invoked the jurisdiction under Section
482 of Code of Criminal Procedure, 1973 to quash all
proceedings against them.
2. Petitioners are accused 1 and 2 in C.C. No. 399 of
2018 on the files of the Additional Chief Judicial Magistrate's
Court, Ernakulam, arising out of Crime No.377 of 2008 of
Ernakulam North Police Station, registered for the offences
under Sections 341, 324 and 294(b) r/w Section 34 of the
Indian Penal Code, 1860. Second respondent is the defacto
complainant.
3. According to the prosecution, the accused had on
04-07-2008 restrained the defacto complainant and assaulted
him and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the
learned counsel for the respondent, apart from the learned
CRL.MC NO. 4376 OF 2024
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Public Prosecutor.
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 A2 affidavit filed by the 2 nd
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. I
am satisfied that the matter has been settled and no public
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interest is involved in this case. There is no impediment for
granting the prayer for quashing. The continuance of the
proceedings will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioners in
C.C.No. 399 of 2018 on the files of the Additional Chief
Judicial Magistrate's Court, Ernakulam are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 4376 OF 2024
2024:KER:60449
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL
REPORT FILED BY THE 1ST RESPONDENT
BEFORE THE HONOURABLE ACJM COURT ,
ERNAKULAM
Annexure A2 THE AFFIDAVIT DATED 14.3.2024 SWORN
BY THE DEFACTO COMPLAINANT
