Kerala High Court
Arun vs State Of Kerala on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
CRL.MC NO. 874 OF 2024
CRIME NO.2162/2018 OF Muvattupuzha Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.711 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA
PETITIONERS
1 ARUN
AGED 33 YEARS
S/O AYYAPPAN, AGED 33 YEARS, CHENNARATHADATHIL HOUSE,
PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA.,
PIN - 686673
2 MAKKAR
AGED 65 YEARS
S/O MAITHEEN, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA,
MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673
3 ALIYAR
AGED 44 YEARS
S/O PAREETH, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA,
MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673
4 JASEENA
AGED 39 YEARS
W/O SUBAIR, IDASHERIKKULANGARA, KADUPIDI KARA,
ENANELLOOR VILLAGE, MUVATTUPUZHA., PIN - 686673
5 JASMINE
AGED 42 YEARS
D/O MAITHEEN, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA,
MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673
6 AISHA
AGED 44 YEARS
W/O PAREETH, THENNALIKUDIYIL HOUSE, KANJARAKKADU
KARA, PERUMBAVOOR VILLAGE., PIN - 683542
7 SAJITHA
AGED 42 YEARS
W/O ALI, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA,
MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673
8 FATHIMA
AGED 59 YEARS
W/O MAKKAR, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA,
MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673
Crl.M.C.No.874 of 2024
2
9 RIYAS C P
AGED 36 YEARS
S/O MEERAN KUNJ, KORAPILLIKUDIYIL HOUSE,
PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE,
MUVATTUPUZHA., PIN - 686673
10 ABBAS
AGED 42 YEARS
S/O KUNJU MUHAMMED, CHENNARAYIL HOUSE,
PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE,
MUVATTUPUZHA., PIN - 686673
11 HASSAN
AGED 29 YEARS
S/O PAREETH, CHENNARAYIL HOUSE, PEZHAKKAPPILLY
KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN -
686673
12 NOUFAL
AGED 38 YEARS
S/O MUHAMMED, CHENNARAYIL HOUSE,
PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE,
MUVATTUPUZHA., PIN - 686673
BY ADVS.
P.M.RAFEEK
SARA JOHN
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 LISHAD
AGED 37 YEARS
S/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM
KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA
TALUK., PIN - 686673
3 LIBINA
AGED 30 YEARS
W/O MANSOOR, CHENNARAYIL HOUSE, PEZHAKKAPPILLY
KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN -
686673
4 AMINA
AGED 49 YEARS
W/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM
KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA
TALUK., PIN - 686673
Crl.M.C.No.874 of 2024
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5 LIBIN
AGED 26 YEARS
S/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM
KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA
TALUK., PIN - 686673
6 LISSAM
AGED 28 YEARS
S/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM
KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA
TALUK., PIN - 686673
7 FATHIMA
AGED 55 YEARS
W/O ALIYAR, THURUTHEL HOUSE, VALACHIRA BHAGAM,
PAIMATTOM KARA, PALLARIMANGALAM VILLAGE,
KOTHAMANGALAM TALUK., PIN - 686671
BY ADV V.A.NAVAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.No.874 of 2024
4
ORDER
Crl.M.C No.874 of 2024 is filed under Section 482 of
Cr.P.C., by the accused in Crime No.2162 of 2018 of
Muvattupuzha Police Station, Ernakulam, registered under
Sections 143, 147, 148, 323, 324, 326 and 149 of IPC, for
quashing Annexure A1 Final Report and the proceedings in
C.C.No.711 of 2019 on the file of Judicial First Class
Magistrate Court, Muvattupuzha.
2. The prosecution allegation is that, when the
relatives of the 3rd respondent, went to the house of her
husband, to pick her child, the petitioners formed themselves
into an unlawful assembly armed with weapons and
assaulted them, causing grievous hurt.
3. When the matter is taken up for consideration,
learned counsel for the petitioners submitted that the matter
stands settled between themselves and respondents 2 to 7.
Respondents 2 to 7 entered appearance through counsel,
and submitted that the matter stands settled. Annexures A2
to A7 are the affidavits filed by them, endorsing the
settlement. Neither they have any intention to proceed with
the prosecution nor any objection in quashing Annexure A1
Final Report, and the proceedings in C.C.No.711 of 2019.
4. On instructions, learned Public Prosecutor
submitted that the matter is settled and he produced signed
statements of respondents 2 to 7. In those statements also,
they have stated that they are not intending to proceed with
the prosecution, and they have no objection in quashing
Annexure A1 Final Report and further proceedings in
C.C.No.711 of 2019.
5. Since the matter stands settled, no purpose would
be served by continuing the prosecution against the
petitioners.
6. In the light of the principles laid down by the
Apex Court in Gian Singh v. State of Punjab and
Another; [(2012) 10 SCC 303)], and State of Madhya
Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC
688], this Court is of the view that the proceedings against
the petitioners can be quashed on the basis of settlement.
In the result, this Crl.MC is allowed, and Annexure
A1 Final Report and further proceedings in C.C.No.711 of
2019 on the file of Judicial First Class Magistrate Court,
Muvattupuzha , stand quashed.
Sd/-
SOPHY THOMAS
JUDGE
smm
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT/CHARGE
IN C.C NO. 711/2019 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, MUVATTUPUZHA
DATED 5/5/2019.
Annexure A2 AFFIDAVIT EXECUTED BY RESPONDENT 2
EVIDENCING HIS INTENTION TO
SETTLE/COMPROMISE THE DISPUTE WITH THE
PETITIONERS/ACCUSED DATED 30/10/2023.
Annexure A3 AFFIDAVIT EXECUTED BY RESPONDENT 3
EVIDENCING HER INTENTION TO
SETTLE/COMPROMISE THE DISPUTE WITH THE
PETITIONERS/ACCUSED DATED 30/10/2023
Annexure A4 AFFIDAVIT EXECUTED BY RESPONDENT 4
EVIDENCING HER INTENTION TO
SETTLE/COMPROMISE THE DISPUTE WITH THE
PETITIONERS/ACCUSED DATED 30/10/2023
Annexure A5 AFFIDAVIT EXECUTED BY RESPONDENT 5
EVIDENCING HIS INTENTION TO
SETTLE/COMPROMISE THE DISPUTE WITH THE
PETITIONERS/ACCUSED DATED 30/10/2023.
Annexure A6 AFFIDAVIT EXECUTED BY RESPONDENT 6
EVIDENCING HIS INTENTION TO
SETTLE/COMPROMISE THE DISPUTE WITH THE
PETITIONERS/ACCUSED DATED 30/10/2023
Annexure A7 AFFIDAVIT EXECUTED BY RESPONDENT 7
EVIDENCING HER INTENTION TO
SETTLE/COMPROMISE THE DISPUTE WITH THE
PETITIONERS/ACCUSED DATED 30/10/2023
