Kerala High Court
Shafeeque vs State Of Kerala on 27 March, 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
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 2286 OF 2024
CRIME NO.282/2015 OF THIRURANGADI POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1546 OF 2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, PARAPPANANGADI
............................................
PETITIONER/ACCUSED NOS.2 TO 6 :
1 SHAFEEQUE,
AGED 31 YEARS
S/O. HAMEED,
KODINJIYATH HOUSE,
PANAKKATHAZHAM,
KODINJI P.O.,
MALAPPURAM DISTRICT, PIN - 676 309.
2 AKBAR, AGED 32 YEARS
S/O. ABOOBACKER,
KODINJIYATH HOUSE,
PANAKKATHAZHAM,
KODINJI P.O.,
MALAPPURAM DISTRICT, PIN - 676 309.
3 SHAREEF, AGED 38 YEARS
S/O. ABOOBACKER,
KODINJIYATH HOUSE,
PANAKKATHAZHAM,
KODINJI P.O.,
MALAPPURAM DISTRICT, PIN - 676309
4 AHAMMED, AGED 39 YEARS
S/O. SAIDALAVI,
KOLLAYATH HOUSE,
PANAKKATHAZHAM,
KODINJI P.O.,
MALAPPURAM DISTRICT, PIN - 676 309.
5 ASHIQUE, AGED 33 YEARS
S/O. MOIDHEEN KUTTY,
KUZHIYAM PARAMBIL HOUSE,
PANAKKATHAZHAM,
KODINJI P.O.,
MALAPPURAM DISTRICT, PIN - 676 309.
BY ADV K.P.SUDHEER
CRL.MC NO. 2286 OF 2024
2
RESPONDENT/STATE/DE FACTO COMPLAINANT & INJURED :
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
KOCHI, PIN - 682 031.
2 STATION HOUSE OFFICER
TIRURANGADI POLICE STATION,
TIRURANGADI,
MALAPPURAM DISTRICT,
PIN - 676 306.
3 KOYA, AGED 49 YEARS
S/O. KUTTYAMU,
KALLITHADATHIL HOUSE,
P.O. OZHUR, TANALUR,
MALAPPURAM DISTRICT,
PIN - 676 307.
4 VIJEESH
AGED 38 YEARS
S/O. GOVINDAN,
MANAPATT HOUSE, K.PURAM P.O.,
TANUR, MALAPPURAM DISTRICT,
PIN - 676 307.
BY ADV P.ANIRUDHAN
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2286 OF 2024
3
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.2286 of 2024
...................................................
Dated this the 27th day of March, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C
to quash all proceedings against them.
2. Petitioners are accused 2 to 6 in C.C.No.1546/2022 on the files of
the Judicial First Class Magistrate Court-I, Parappanangadi, arising
out of Crime No.282/2015 of Parappanangadi Police Station,
registered for the offences punishable under Sections 143, 147,
341, and 323 r/w Section 149 of the Indian Penal Code, 1860. The
third respondent is the de facto complainant and the 4th
respondent is the injured witness.
3. According to the prosecution, due to previous enmity accused had,
on 16.02.2015, formed themselves into an unlawful assembly and
blocked the bus driven by the 3rd respondent and assaulted the 4th
respondent, thereby committing the offences alleged.
4. Heard the learned counsel for the petitioners and the learned
counsel for the respondents, apart from the learned Public
CRL.MC NO. 2286 OF 2024
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
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 and Annexure-A5 affidavits filed by
respondents 3 and 4. The learned Public Prosecutor has submitted
that upon verification, it is understood that the affidavits are
genuine, and the de facto complainant and other deponent stand
by the contents thereof. I am satisfied that the matter has been
CRL.MC NO. 2286 OF 2024
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.
Accordingly, all proceedings against the petitioners in
C.C.No.1546/2022 on the files of the Judicial First Class Magistrate
Court-I, Parappanangadi, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV01/04/2024
CRL.MC NO. 2286 OF 2024
PETITIONER ANNEXURES
ANNEXURE A 1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT DATED 16.02.2015 IN CRIME NO.
282/2015 OF TIRURANGADI POLICE STATION.
ANNEXURE A 2 CERTIFIED COPY OF FINAL REPORT DATED
24.4.2015 IN CRIME NO. 282/2015 OF
TIRURANGADI POLICE STATION.
ANNEXURE A 3 CERTIFIED COPY OF JUDGMENT DATED
26.8.2022 IN C.C. NO. 723/2015 PASSED BY
JUDICIAL FIRST CLASS MAGISTRATE'S COURT,
PARAPPANANGADI.
ANNEXURE A 4 AFFIDAVIT DATED 23.2.2024 SWORN INTO BY
THE 3RD RESPONDENT.
ANNEXURE A 5 AFFIDAVIT DATED 23.2.2024 SWORN INTO BY
THE 4TH RESPONDENT.
TRUE COPY
