Kerala High Court
Muneer vs State Of Kerala on 28 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
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
CRL.MC NO. 5060 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.562 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS , MANANTHAVADY
PETITIONERS:
1 MUNEER
AGED 25 YEARS
S/O MUHAMMED,
MUNDANADU PEEDIKAYIL HOUSE,
PANAMARAM P.O,
KARIMPUMMAL,
WAYANAAD,,
PIN - 670721
2 AFSEER
AGED 26 YEARS
S/O ASHRAF,
KOTTAKADAN HOUSE,
PANAMARAM P.O,
KARIMPUMMAL,
WAYANAND,,
PIN - 670721
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
R.K.PRASANTH
MINIKUMARY M.V.
JIJO JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SHAKKIR
S/O SHAHAD, 28 YEARS,
PULIYADI HOUSE,
KANIYAMABETTA P.O,
WAYANAD DISTRICT,,
PIN - 673122
3 SHAHIR
AGED 29 YEARS
CRL.MC NO. 5060 OF 2024
2
S/O ABDUL KHADER,
VATTAPARAMBIL HOUSE,
PANAMARAM P.O,
CHANGADAKADAVU,
WAYANAD DISTRICT,,
PIN - 670721
4 FAISAL
AGED 36 YEARS
S/O USMAN,
KALLACHI HOUSE,
CHERUKATTOOR P.O,
ARAMUTTAMKUNNU,
PANAMARAM, WAYANAD,,
PIN - 670721
OTHER PRESENT:
SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
28.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 5060 OF 2024
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C. No. 5060 of 2024
----------------------------------------
Dated this the 28th day of June, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482
of Code of Criminal Procedure, 1973 to quash all proceedings
against them.
2. Petitioners are accused in C.C. No.562 of 2023 on the files
of the Judicial First Class Magistrate's Court, Mananthavady,
registered for the offences under Sections 294(b), 324 and 341
r/w Section 34 of the Indian Penal Code, 1860. Respondents 2 to
4 are the defacto complainant and the injured witnesses.
3. According to the prosecution, the accused had on
21-08-2017 restrained the defacto complainant and the injured
and assaulted them and also abused them and thereby committed
the offences alleged.
4. Heard the learned counsel for the petitioners and the
learned counsel for the respondents, apart from the learned
Public Prosecutor.
5. The learned counsel for the petitioners submitted that the
CRL.MC NO. 5060 OF 2024
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 A3 to Annexure A5 affidavits
filed by respondents 2 to 4. The learned Public Prosecutor has
submitted that upon verification, it is understood that the
affidavits are genuine, and the defacto complainant and the other
deponents stand 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.
8. Accordingly, all proceedings against the petitioners in
CRL.MC NO. 5060 OF 2024
C.C. No.562 of 2023 on the files of the Judicial First Class
Magistrate's Court, Mananthavady are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 5060 OF 2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF FINAL REPORT IN FILED
IN CC 383/17 SPITTED AND RENUMBERED AS
CC 562/2023 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-I,
MANATHAVADY, WAYANAD DISTRICT DATED
28/08/2017
Annexure A2 A TRUE COPY OF THE JUDGMENT IN CC
383/17 ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, MANATHAVADY,
WAYANAD DISTRICT DATED 16/09/2023
Annexure A3 A TRUE COPY OF THE AFFIDAVIT SWORN BY
THE RESPONDENT NO.2/DEFACTO COMPLAINANT
DATED 25/05/2024
Annexure A4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE
RESPONDENT NO.3/INJURED DATED
25/05/2024
Annexure A5 A TRUE COPY OF THE AFFIDAVIT SWORN BY
RESPONDENT NO.4/INJURED DATED
25/05/2024
