Kerala High Court
Al Ameen N.M vs State Of Kerala on 16 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
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
CRL.MC NO. 981 OF 2024
CRIME NO.368/2021 OF KALIKAVU POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT CC 44/2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONER/ACCUSED 1 TO 3:
1 AL AMEEN N.M, AGED 26 YEARS
S/O MOHAMMED, NARIMADAKAL HOUSE,
VALAPOYIL, ANCHACHAVADI P.O,
MALAPPURAM DT, PIN - 676 525.
2 LIJIN RAJ, AGED 24 YEARS,
S/O PUSHPARAJ KOTTUPATA (H),
PULUPOYIL, ANCHACHAVADI P.O,
MALAPPURAM DT, PIN - 676 525.
3 RUMAIZ, AGED 21 YEARS
S/O UMMAR, PULIPOYIL,
ANCHACHAVADI P.O,
MALAPPURAM, PIN - 676 525.
BY ADVS.
BINDUMOL JOSEPH
BEENA JOSEPH
M.V.RAHUL
RIYAS M.B.
RESPONDENT/STATE/DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 MUHAMMED RAFI, AGED 26 YEARS
S/O IBRAHIM, ACHUTHODIKA HOUSE,
CHETTANPADI,PALAKALVETTA,
MALAPPURAM., PIN - 679 327.
SRI.V.HARIKRISHNAN, R2
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 981 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.981 of 2024
...................................................
Dated this the 16th 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 3 in C.C.No.44/2022 on the files
of the Judicial First Class Magistrate Court-I, Manjeri, arising out
of Crime No.368/2021 of Kalikavu Police Station, registered for the
offences punishable under Sections 341, 323, 326, and 506 r/w
Section 34 of the Indian Penal Code, 1860. The second respondent
is the defacto complainant.
3. According to the prosecution, on 28.11.2021, accused assaulted
the de facto complainant after restraining 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 Public
Prosecutor.
CRL.MC NO. 981 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. 981 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.44/2022 on the files of the Judicial First Class Magistrate
Court-I, Manjeri, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/19/02/2024
CRL.MC NO. 981 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO 368 OF 2021 OF KALIKAVU POLICE
STATION, IN CC NO: 44/2022 ON THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE COURT,
MANJERY.
ANNEXURE A2 THE AFFIDAVIT SWORN IN BY THE 2 ND
RESPONDENT DATED 29.10.2023.
TRUE COPY
