Kerala High Court
Althaf vs State Of Kerala on 15 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
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
CRL.MC NO. 447 OF 2024
CRIME NO.1497/2021 OF KAZHAKKUTTOM POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT CC 1080/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,ATTINGAL
CC 1081/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL
PETITIONER/ACCUSED NOS.1 TO 4:
1 ALTHAF, AGED 22 YEARS
S/O SHOFITHA BHEEVI,
RESIDING AT AL-AMEN MANZIL
KARIYODE PALLIMUKK CHADAYAMANAGALAM VILLAGE,
KOTTARAKKARA TALUK, PIN - 695 582.
2 AHAMADH JUNIAD, AGED 29 YEARS
S/O NISAMUDHEEN,
RESIDING AT SAJEEV MANZIL,
NEAR TO SKV LPS,
CHADAYAMANAGALAM VILLAGE,
KOTTARAKKARA TALUK - 695 582.
3 SHOFITHA BHEEVI, AGED 49 YEARS
D/O SAFIYA BHEEVI,
RESIDING AT AL-AMEN MANZIL,
KARIYODE PALLIMUKK
CHADAYAMANAGALAM VILLAGE,
KOTTARAKKARA TALUK P.O, PIN - 695 582.
4 FATHIMA BHEEVI, AGED 25 YEARS
D/O SHOFITHA BHEEVI,
RESIDING AT AL-AMEN MANZIL,
KARIYODE PALLIMUKK,
CHADAYAMANAGALAM VILLAGE,
KOTTARAKKARA TALUK PO, PIN - 695 582.
BY ADV NAVEEN RADHAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
CRL.MC NO. 447 OF 2024
2
2 ABDUL BARI
AGED 56 YEARS
S/O SHAHUL HAMMED MUSILYAR,
AMBALAPALLY HOUSE,
KAZHAKOOTAM VILLAGE ,
THIRUVANTHAPURAM DISTRICT - 695 582.
SRI. NOUSHAD K.A. (PP) /
SRI. BIJU M. (FOR RESPONDENT)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 447 OF 2024
3
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.447 of 2024
...................................................
Dated this the 15th day of February, 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 4 in C.C.No.1080 of 2021 on the
files of the Judicial First Class Magistrate Court-II, Attingal, arising
out of Crime No.1497/2021 of Kazhakuttam Police Station,
registered for the offences punishable under Sections 323 and 324
r/w Section 34 of the Indian Penal Code, 1860. The second
respondent is the defacto complainant.
3. According to the prosecution, on 15.06.2021, accused assaulted the
de facto complainant with an iron pipe, caused severe injuries, 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 Public
Prosecutor.
CRL.MC NO. 447 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-A2 affidavit filed by the second
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
CRL.MC NO. 447 OF 2024
quashing. The continuance of the proceedings will only be an
exercise in futility.
Accordingly, all proceedings against the petitioners in C.C.No.1080
of 2021 on the files of the Judicial First Class Magistrate Court-II,
Attingal, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/16/02/2024
CRL.MC NO. 447 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO 1497/2021 DATED 15.06.2021 OF
KAZHAKUTTAM POLICE STATION
ANNEXURE 2 TRUE COPY OF THE ABOVE AFFIDAVIT SWORN BY
THE 2ND RESPONDENT DTD 30.11.23
TRUE COPY
