Kerala High Court
Saleem Mm vs The 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. 955 OF 2024
CRIME NO.82/2020 OF AREACODE POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT CC 134/2020 OF CHIEF JUDICIAL
MAGISTRATE ,MANJERI
PETITIONER/ACCUSED NOS.1 AND 2 :
1 SALEEM M.M., AGED 46 YEARS
S/O MUHAMMED M M,
ANANDHA MANGALATH HOUSE, PULPAKA PO,
SCHOOL PADI, MALAPPURAM DISTRICT - 673 641.
2 SUBAIR T. K
AGED 45 YEARS
S/O ABUABCKER, CHEVIDIYIL HOUSE, THRIPPANACHI PO,
POOCHENGAL, MALAPPURAM DISTRICT, PIN - 673642
BY ADV ABDUL HADI M.P.
RESPONDENT/STATE AND DEFACTO COMPLAINANT :
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 SALMAN P, AGED 23 YEARS
S/O.SAIDALAVI, KARABIKKATTIL HOUSE,
THATTANKANDI, THRIPPANACHI PO,
POOCHENGAL,, PIN - 673 642.
BY ADV RAMSHEEL.K
SRI. NOUSHAD K.A. (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. 955 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.955 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 and 2 in C.C.No.134/2020 on the files
of Chief Judicial Magistrate Court, Manjeri, arising out of Crime
No.82/2020 of Areecode Police Station, alleging offences punishable
under Sections 452, 341, 323, 324, 506(ii) r/w Section 34 of the
Indian Penal Code, 1860. The second respondent is the de facto
complainant.
3. According to the prosecution, accused had, on 27.02.2020, trespassed
into the house of the de facto complainant, wrongfully restrained
and assaunted 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.
5. The learned counsel for the petitioners submitted that the matter has
CRL.MC NO. 955 OF 2024
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-A4 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 quashing.
The continuance of the proceedings will only be an exercise in
futility.
CRL.MC NO. 955 OF 2024
Accordingly, all proceedings against the petitioners in
C.C.No.134/2020 on the files of Chief Judicial Magistrate Court,
Manjeri, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/19/02/2024
CRL.MC NO. 955 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT/CHARGE
SHEET IN CRIME NO. 82 OF 2020 OF AREECODE
POLICE STATION, MALAPPURAM DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE MEMORANDUM OF
EVIDENCE IN CRIME NO. 82 OF 2020 OF
AREECODE POLICE STATION, MALAPPURAM
DISTRICT.
ANNEXURE A3 CERTIFIED COPY OF THE FIST INFORMATION
STATEMENT OF RESPONDENT NO.2.
ANNEXURE 4 TRUE COPY OF THE AFFIDAVIT DATED
TRUE COPY
