Kerala High Court
Abdul Nasar K.P 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. 4673 OF 2024
CRIME NO.374/2020 OF Nilambur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.678 OF 2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,NILAMBUR
PETITIONERS:
1 ABDUL NASAR K.P.
AGED 60 YEARS
S/O. YOUSAF,
KUNHIPPURAYIL HOUSE,
CHANDAKKUNNU,
NILAMBUR P.O.,
MALAPPURAM DISTRICT,
PIN - 679329
2 SUBASH K
AGED 46 YEARS
S/O. KOCHUKUNJU,
PANANGADANKUZHI KIZHAKKETHIL HOUSE,
IKKADU, KODUMON P.O.,
PATHANAMTHITTA DISTRICT,
PIN - 691555
3 ANIMON A.V.
AGED 47 YEARS
S/O. ALI,
AZHUVALAPPIL HOUSE,
JANATHAPADI,
NILAMBUR P.O.,
MALAPPURAM DISTRICT,
PIN - 679329
4 HISHAM P.K.
AGED 29 YEARS
S/O. SALIM,
PAYAMKULATH HOUSE,
MYLADI,
NILAMBUR P.O.,
MALAPPURAM DISTRICT,
PIN - 679329
BY ADV K.RAKESH
RESPONDENTS:
1 STATE OF KERALA
CRL.MC NO. 4673 OF 2024
2
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI,
PIN - 682031
2 THE STATION HOUSE OFFICER
NILAMBUR POLICE STATION,
MALAPPURAM DISTRICT,
PIN - 679329
3 MUHAMMED ASLAM K
AGED 28 YEARS
S/O. SHOUKATHALI,
KUNDILADI HOUSE,
NAMBOORIPOTTY P.O.,
MOOTHEDAM VILLAGE,
NILAMBUR TALUK,
MALAPPURAM DISTRICT,
PIN - 679333
OTHER PRESENT:
ASHI M.C (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. 4673 OF 2024
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C. No. 4673 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 S.T. No.678 of 2020 on the
files of the Judicial First Class Magistrate's Court, Nilambur,
arising out of Crime No. 374 of 2020 of Nilambur Police
Station, registered for the offences under Sections 341, 506
and 294(b) r/w Section 34 of the Indian Penal Code, 1860.
Third Second respondent is the defacto complainant.
3. According to the prosecution, the accused had on
20-07-2020 restrained the defacto complainant and
threatened him and also abused 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. 4673 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 B 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
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. 4673 OF 2024
S.T. No.678 of 2020 on the files of the Judicial First Class
Magistrate's Court, Nilambur are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 4673 OF 2024
PETITIONER ANNEXURES
Annexure A A CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.374/2020 OF THE NILAMBUR
POLICE STATION DATED 21-07-2020
Annexure B AFFIDAVIT EXECUTED BY THE 3RD
RESPONDENT DATED 20-05-2024
