Kerala High Court
Aboobacker Sidhique.M vs State Of Kerala on 21 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 9343 OF 2024
1
2024:KER:88273
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
CRL.MC NO. 9343 OF 2024
CRIME NO.832/2020 OF MANJESWAR POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.73 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD
.............................................
PETITIONER/ACCUSED NOS.1 TO 5 :
1 ABOOBACKER SIDHIQUE.M.,
AGED 47 YEARS
S/O MOHAMMED,ERMUDEL HOUSE,
HILLSIDE ROAD, HOSANGANDI,
MANJESWAR, KASARAGOD - 671 323.
2 JAFFER, AGED 26 YEARS
S/O ABDULLA,
ERMUDEL HOUSE,
HILLSIDE ROAD, HOSANGANDI,
MANJESWAR, KASARAGOD - 671 323.
3 KALANDER NAWAZ, AGED 33 YEARS
S/O MOHAMMED,
ERMUDEL HOUSE,
HILLSIDE ROAD,
HOSANGANDI,
MANJESWAR, KASARAGOD - 671 323.
4 FAKRUDDIN KALANDER SANAF,
AGED 23 YEARS
S/O K.P ABDUL KHADER,
SANAF COTTAGE,
ERMUDEL HOUSE,
HILLSIDE ROAD,
HOSANGANDI, MANJESWAR,
KASARAGOD - 671 323.
CRL.MC NO. 9343 OF 2024
2
2024:KER:88273
5 MUHAMMED SADIQUE, AGED 43 YEARS
S/O MOHAMMED ISHAQ,
HILLSIDE ROAD, HOSANGANDI,
MANJESWAR, KASARAGOD - 671 323.
BY ADVS.
A.ARUNKUMAR
S.SHYAM KUMAR
SACHIN GEORGE ARAMBAN
NESILI NAZEER
RESPONDENT(S)/STATE, DE FACTO COMPLAINANT & INJURED PERSONS :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 SUDHEER B.M.,
AGED 38 YEARS
S/O SUNDARA, SHANTHINAGARA,
ANGADIPADAVU, HOSANGADI,
BANGRA MANJESHWARA, MANJESHWARA TALUK,
KASARAGOD, PIN - 671 323.
3 SHAIJU A, AGED 35 YEARS
S/O NARAYANAN, HILLSIDE ROAD,
HOSANGANDI, MANJESWAR,
KASARAGOD, PIN - 671323
4 ANKITH, AGED 24 YEARS
S/O RAMESH, SHANTHINAGAR HOUSE,
HOSANGADI, MANJESHWAR P.O,
MANJEWSHWAR TALUK,
KASARGOD, PIN - 671 323
5 SARITHA, AGED 29 YEARS
W/O NARAYANAN, SHANTHINAGAR HOUSE,
HOSANGADI, MANJESHWAR P.O,
MANJEWSHWAR TALUK, KASARGOD- 671 323.
BY ADV VIPIN T JOSE - R2 TO R5
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9343 OF 2024
3
2024:KER:88273
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.9343 of 2024
...................................................
Dated this the 21st day of November, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023; to quash all proceedings
against them.
2. Petitioners are accused 1 to 5 in C.P.No.73/2023 on the files of the
Judicial First Class Magistrate Court-II, Kasaragod, arising out of Crime
No.832/2020 of Manjeshwar Police Station, registered for the offences
under Sections 143, 147, 148, 323, 324, 326, and 308 r/w Section 149
of the Indian Penal Code, 1860. The second respondent is the de facto
complainant and respondents 3 to 5 are the injured witnesses.
3. According to the prosecution, accused had on 16.12.2020 formed
themselves into an unlawful assembly and assaulted the de facto
complainant and other persons, 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 Prosecutor.
5. The learned counsel for the petitioners submitted that the matter has
CRL.MC NO. 9343 OF 2024
2024:KER:88273
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-AIV to Annexure-AVII affidavits filed by
respondent Nos.2 to 5. The learned Public Prosecutor has submitted that
upon verification, it is understood that the affidavits are genuine, and
the de facto complainant and 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.
CRL.MC NO. 9343 OF 2024
2024:KER:88273
8. Accordingly, all proceedings against the petitioners in C.P.No.73/2023 on
the files of the Judicial First Class Magistrate Court-II, Kasaragod, are
quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/25/11/2024
CRL.MC NO. 9343 OF 2024
2024:KER:88273
PETITIONER ANNEXURES
ANNEXURE AI A TRUE COPY OF THE F.I.R IN CRIME NO. 832 OF
2020 OF MANJESHWAR POLICE STATION, KASARAGOD
ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 832 OF 2020 OF MANJESHWAR POLICE STATION,
KASARAGOD
ANNEXURE AIII A TRUE COPY OF THE ORDER DATED 29-11-2021 IN
CRL.M.C.NO.5099 OF 2021
ANNEXURE AIV THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO 2
ANNEXURE AV THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO 3
ANNEXURE AVI THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO 4
ANNEXURE AVII THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO 5
