Kerala High Court
Muhammed Hasnul Banna vs State Of Kerala on 28 May, 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
CRL.MC NO. 3378 OF 2024
CRIME NO.680/2021 OF Chevayur Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.708 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
PETITIONER/S:
1 MUHAMMED HASNUL BANNA
AGED 28 YEARS
S/O ABDUL JABBAR, INTHIFAD HOUSE, PAYYOLI P.O,
KOZHIKODE DISTRICT, PIN - 673522
2 MUHAMMED JAVAD
AGED 26 YEARS
S/O MUHAMMED JASEEL, JASIM MANZIL, IZZATH NAGAR,
MOGRAL PUTHUR, KASARGODE DISTRICT, PIN - 671124
3 DELVIN AUGUSTINE
AGED 24 YEARS
POOVATHINGAL, MANJAPPARA, MULAKUVALLY, IDUKKI
DISTRICT, PIN - 685602
BY ADVS.
RAMEES P.K.
ADITHYA VARMA S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 ABHIJITH P
AGED 24 YEARS
S/O PRADEEP K C, KERANTAKATH HOUSE, PALAPPETTY P.O,
MALAPPURAM DISTRICT, PIN - 679579
BY ADV ERFANA PARAMBADAN
OTHER PRESENT:
Crl.M.C.No.3378 of 2024
-:2:-
SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3378 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.3378 of 2024
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Dated this the 28th day of May, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to
quash all proceedings against them.
2. Petitioners are accused Nos. 1 to 3 in C.C. No.708/2022 on the
files of the Judicial First Class Magistrate Court-I, Kozhikode, registered for
the offences under Sections 143, 144, 148, 341, 323, 324, 506(i) and
294(b) r/w Section 149 of the Indian Penal Code, 1860. Second respondent
is the defacto complainant.
3. According to the prosecution, the accused had, on 28.10.2021,
formed themselves into an unlawful assembly and, after restraining the
defacto complainant assaulted 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.
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-2 affidavit filed by the 2nd 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
C.C. No.708/2022 on the files of the Judicial First Class Magistrate Court-I,
Kozhikode, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/28.05.24.
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO: 680/2021 OF CHEVAYOOR POLICE STATION,
KOZHIKODE CITY ALONG WITH FIRST
INFORMATION REPORT IN CRIME NO: 680/2021
OF CHEVAYOOR POLICE STATION, KOZHIKODE
CITY
Annexure 2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE
2ND RESPONDENT DATED 02/04/2024
