Kerala High Court
Mujeeb vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8295 OF 2024
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2024:KER:83142
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRL.MC NO. 8295 OF 2024
CRIME NO.440/2020 OF KALIKAVU POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.27 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONER/ACCUSED :
MUJEEB, AGED 42 YEARS
S/O. AHAMMEDKUTTY,
PATTIKKADAN HOUSE, ENADI,
ARIMANAL P.O., KALIKAVU,
MALAPPURAM DISTRICT, PIN - 676 525.
BY ADV K.RAKESH
RESPONDENT/STATE, COMPLAINANT & DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI - 682 031.
2 THE STATION HOUSE OFFICER
KALIKAVU POLICE STATION,
MALAPPURAM DISTRICT - 676 525.
3 MURALEEDHARAN, AGED 49 YEARS
S/O. VELAYUDHAN, KARIMBANAKUNNATH HOUSE, ENADI,
KALIKAVU AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT,
PIN - 676525
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8295 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8295 of 2024
...................................................
Dated this the 7th day of November, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023; to quash all proceedings against him.
2. Petitioner is the accused in C.C.No.27/2021 on the files of the Judicial
First Class Magistrate Court-I, Manjeri, arising out of Crime No.440/2020
of Kalikavu Police Station, registered for the offences under Sections 341,
and 323 of the Indian Penal Code, 1860. The third respondent is the de
facto complainant.
3. According to the prosecution, the accused had on 01.12.2020 restrained
the de facto complainant and assaulted him, thereby committing the
offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for
the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the matter has
been settled and hence the proceedings against the petitioner ought to be
quashed. It was also submitted that, considering the nature of offences
alleged, no purpose would be served by continuing the proceedings.
CRL.MC NO. 8295 OF 2024
2024:KER:83142
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 third 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 petitioner in C.C.No.27/2021 on
the files of the Judicial First Class Magistrate Court-I, Manjeri, are
quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/08/11/2024
CRL.MC NO. 8295 OF 2024
2024:KER:83142
PETITIONER ANNEXURES
ANNEXURE A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.440/2020 OF THE KALIKAVU POLICE STATION
DATED 4-1-2021.
ANNEXURE B AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT
DATED 3-10-2024.
