Kerala High Court
Muhammed Lukman Hakkim vs State Of Kerala on 6 June, 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 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
CRL.MC NO. 4301 OF 2024
CRIME NO.2589/2022 OF Kottarakkara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1027 OF 2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA
PETITIONER/S/ACCUSED(A1 & 2):
1 MUHAMMED LUKMAN HAKKIM
AGED 24 YEARS
S/O MUHAMMED MUSTHAFA, P K HOUSE, PLAMMOODU, PALLICKAL
P.O., MYLOM VILLAGE, KOTTARAKARA TALUK, KOLLAM
DISTRICT, PIN - 691566
2 UMAR MUKTHAR
AGED 24 YEARS
S/O SHAJARUDHEEN, KALLUVILA PUTHEN VEEDU, PALLICKAL
P.O., MYLOM VILLAGE, KOTTARAKARA TALUK, KOLLAM
DISTRICT, PIN - 691566
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
RESPONDENT/S/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
KOTTARAKARA POLICE STATION, KOLLAM DISTRICT, PIN -
691506
3 SALMAN S
AGED 19 YEARS
S/O ABDUL SALIM, BEENA MANZIL, PALLICKAL P.O., MYLOM
VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT, PIN -
691566
OTHER PRESENT:
ASHI MC (PUBLIC PROSECUTOR)
CRL.MC NO. 4301 OF 2024
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 4301 OF 2024
3
BECHU KURIAN THOMAS, J
....................................................
Crl.M.C.No.4301 of 2024
.......................................................
Dated this the 6th day of June, 2024
ORDER
Petitioners have invoked the jurisdiction under Section
482 Criminal Procedure Code to quash all proceedings against
them.
2. Petitioners are accused Nos. 1 & 2 in C.C. No.
1027/2022 on the files of the Judicial First Class Magistrate
Court-I, Kottarakkara arising out of Crime No. 2589/2022 of
Kottarakkara Police Station, Kollam registered for the offences
under Sections 341 and 323 r/w, section 34 of the Indian Penal
Code, 1860. The 3rd Respondent is the defacto complainant .
3. According to the prosecution, the accused had on
16.11.2022, due to a previous enmity, formed themselves into
an unlawful assembly and assaulted the defacto 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
CRL.MC NO. 4301 OF 2024
Public Prosecutor.
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 defacto complainant 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 C affidavit filed by the 3rd
respondent. The learned Public Prosecutor has submitted that
upon verification, it is understood that the affidavit is genuine,
and the defacto 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
CRL.MC NO. 4301 OF 2024
granting the prayer for quashing. The continuance of the
proceedings will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioners in
C.C. No. 1027/2022 on the files of the Judicial First Class
Magistrate Court-I, Kottarakkara are quashed.
This Criminal Miscellaneous case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
sngi JUDGE
CRL.MC NO. 4301 OF 2024
PETITIONER ANNEXURES
Annexure-A CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO. 2589 / 2022 OF KOTTARAKARA
POLICE STATION DATED 17.11.2022
Annexure-B CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 2589 / 2022 OF KOTTARAKARA
POLICE STATION DATED 29.11.2022
Annexure-C AFFIDAVIT OF THE 3RD RESPONDENT DATED
16.05.2024
