Kerala High Court
Bidhul Balan 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. 95 OF 2024
CRIME NO.131/2023 OF Nadakkavu Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT CC 246/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -IV,KOZHIKODE
PETITIONERS/ACCUSED 1 TO 5:
1 BIDHUL BALAN
AGED 21 YEARS
S/O BALAN BINSHA NIVAS (H) THODANNUR P.O VATAKARA
KOZHIKODE, PIN - 673541
2 MISBAH
AGED 19 YEARS
S/O SAKKEER HUSSAIN BAITHUL MISBAH (H) PALLIKANDI
KALAYI P O KOZHIKODE, PIN - 673003
3 KRISHNA KIRAN
AGED 21 YEARS
S/O MURALEEDHARAN VARAPPURATH (H) VILLIAPPALLI P.O
VATAKARA KOZHIKODE, PIN - 673542
4 JOBIN RAJ
AGED 20 YEARS
S/O RAJEEVAN CHERUKUTTI (H) THIKKODI P.O KOZHIKODE, PIN
- 673529
5 MUHAMMED SHIBILY
AGED 21 YEARS
S/O ABDUL SALAM , KANDAPPARA (H) OMANNUR P.O
MALAPPURAM, PIN - 673645
BY ADV K.REEHA KHADER
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ABINAV B R
AGED 19 YEARS
S/O BALACHANDRAN NAIR MEETHALE KANJIROTTU (H)
KARIYATHAN KAVU P O BALUSSERY KOZHIKODE, PIN - 673612
3 ARJUN R K
AGED 20 YEARS
3. AGED 20 YEARS S/O RATNAKUMAR, RATNAKESH (H) VELLAYIL
P O GANDHI ROAD, KOZHIKODE, PIN - 673011
CRL.MC NO. 95 OF 2024
2
4 PRANAV M
AGED 17 YEARS
S/O PRESHANTH MOOTHEDATH (H) CHELAVOOR P O
KOZHIKODE, PIN - 673571
5 DILLAN CHRISTY
AGED 20 YEARS
S/O BIJESH PRIYAN PUTHANPURAYIL (H)
CHERAVAMBALAM P O KOZHIKODE, PIN - 673017
OTHER PRESENT:
SRI. NOUSHAD K.A. (PP) / SRI. P.K. SUBHASH
(FOR RESPONDENT)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 95 OF 2024
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C. No. 95 of 2024
----------------------------------------
Dated this the 6th day of February, 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 Nos 1 to 5 in C.C. No. 246 of
2023 on the files of the Judicial First Class Magistrate's Court-IV,
Kozhikode arising out of Crime No.131 of 2023 of Nadakkavu
Police Station, Kozhikode registered for the offences under
Sections 143, 147, 341, 323, 324 and 148 r/w Section 149 of the
Indian Penal Code, 1860. Respondents 2, 3, 4 and 5 are the
defacto complainant and other injured witnesses.
3. According to the prosecution, the accused had on
02-02-2023 formed themselves into an unlawful assembly and
restrained the defacto complainant and assaulted them and
thereby committed 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. 95 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 A3, Annexure A4, Annexure A5
and Annexure A6 affidavits filed by respondents 2, 3, 4 and 5.
The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavits are genuine, and
the defacto complainant and the 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 proceedings will only be an exercise in futility.
CRL.MC NO. 95 OF 2024
8. Accordingly, all proceedings against the petitioners in
C.C. No. 246 of 2023 on the files of the Judicial First Class
Magistrate's Court-IV, Kozhikode are quashed.
This Crl.M.C is allowed as above.
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 95 OF 2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO. 131/2023 OF NADAKKAVU
POLICE STATION, KOZHIKODE DISTRICT
PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-IV KOZHIKODE
Annexure A2 CERTIFIED COPY OF MEMORANDUM OF
EVIDENCE
Annexure A 3 SECOND RESPONDENT AFFIDAVIT
Annexure A4 THIRD RESPONDENT AFFIDAVIT
Annexure A5 FORTH RESPONDENT AFFIDAVIT
Annexure A6 FIFTH RESPONDENT AFFIDAVIT
TRUE COPY
