Kerala High Court
Muhammed Anas Sayed K.A vs State Of Kerala on 6 February, 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
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CRL.MC NO. 203 OF 2024
CRIME NO.348/2018 OF VIDYA NAGAR POLICE STATION, Kasargod
AGAINST THE ORDER/JUDGMENT CC 1566/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,KASARAGOD
PETITIONER/ACCUSED :
MUHAMMED ANAS SAYED K.A
AGED 24 YEARS
STAR MAHAL, KUNHIKANAM, ALAMPADY,
MUTTATHODY VILLAGE,KASARGOD, PIN - 671 121.
BY ADVS.
SALEEK.C.A.
THAREEK T.S.
RESPONDENT/STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA
THROUGH THE LEARNED PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682 031.
2 STATION HOUSE OFFICER
VIDYANAGAR POLICE STATION,
KASARGOD, PIN - 671 123.
3 MUHAMMED MUBARAK
S/O ABDUL KHADER, THALAPPACHERI HOUSE,
CHANDRAM VAYAL ADOOR,KASARGOD, PIN - 671 541.
BY ADVS.
R.ANAS MUHAMMED SHAMNAD
SARUN RAJAN(K/372/2012)
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.203 of 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.203 of 2024
...................................................
Dated this the 6th day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C
to quash all proceedings against him.
2. Petitioner is the accused in C.C.No.1566/2018 on the files of the
Judicial First Class Magistrate Court, Kasargod, arising out of
Crime No.348/2018 of Vidyanagar Police Station, registered for
the offence under Sections 143, 147, 341, 323, 294(b), 506(i) r/w
Section 149 of the Indian Penal Code, 1860 apart from Section 4
of the Kerala Prohibition of Ragging Act, 1998. The 3 rd
respondent is the de facto complainant.
3. According to the prosecution, the accused and other identifiable
persons formed themselves into an unlawful assembly and
restrained the de facto complainant, assaulted him, threatened
him with obscene words, and thereby committed the offences
alleged.
4. Heard the learned counsel for the petitioner and the learned
counsel for the respondent, apart from the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that the matter
has been settled and hence the proceedings against the petitioner
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-A3 affidavit filed by the 3 rd respondent.
The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and
the de facto complainant stands 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
only be an exercise in futility.
8. Accordingly, all proceedings against the petitioner in
C.C.No.1566/2018 on the files of the Judicial First Class
Magistrate Court, Kasargod, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/09/02/2024
PETITIONER ANNEXURES
ANNEXURE A1 A CERTIFIED COPY OF FIRST INFORMATION
REPORT IN CRIME NO. 348/2018 OF THE
VIDYANAGAR POLICE STATION.
ANNEXURE A2 A CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO.348/2018 OF VIDYANAGAR POLICE
STATION.
ANNEXURE 3 ORIGINAL OF THE AFFIDAVIT DATED
30.12.2023 SWORN BY THE RESPONDENT
TRUE COPY
