Kerala High Court
Hassankoya vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73308
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 6623 OF 2024
CRIME NO.218/2005 OF Tirur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.423 OF 2019 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, TIRUR
PETITIONER/ACCUSED NO.11:
HASSANKOYA
AGED 43 YEARS
S/O. ABOOBACKER, MOOSANTE PURAKKAL HOUSE,
VADIKKAL, KOOTTAYI POST, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676562
BY ADV
BINU V V VEETTIL VALAPPIL
RESPONDENTS/STATE AND SON OF DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SALIM
AGED 48 YEARS
S/O LATE PAREEKUTTY, CHECHANTE PURAKKAL HOUSE,
PURATHUR, PANDAI POST, TIRUR TALUK,
MALAPPURAM DISTRICT., PIN - 679562
BY ADV
MANEKSHA D.
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6623 OF 2024 2
2024:KER:73308
BECHU KURIAN THOMAS, J.
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Crl.M.C No.6623 of 2024
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Dated this 3rd day of October, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528
BNSS to quash all proceedings against him.
2. Petitioner is the 11th accused in S.C No.423 of 2019 on
the files of the Assistant Sessions Court, Tirur arising out of Crime
No.218 of 2005 of Tirur Police Station. 2nd respondent is the defacto
complainant.
3. According to the prosecution, the accused had on
06.04.2005 formed themselves into an unlawful assembly armed with
deadly weapons and in furtherance of their common intention to
murder CW1 restrained him due to a political rivalry and caused
hurt by assaulting him with iron pipes and swords and thereby
committed the offences under Sections 143, 147, 148, 341, 324, and
307 r/w Section 149 of IPC.
4. Heard the learned counsel for the petitioner and the
learned counsel for the respondent, apart from the learned Public
Prosecutor.
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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.
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 A5 affidavit filed by the son of
the defacto complainant. As far as accused Nos.2, 8 and 11 in the
original crime No.218/2005 are concerned, they had not appeared
and therefore their case was not committed to the Sessions Court. In
the meantime, case against the remaining accused was committed to
the Sessions Court but was later permitted to be withdrawn by order
of the Sessions Court on 22.10.2008. Therefore, the petitioner being
the 11th accused, whose case was later committed to the Sessions
2024:KER:73308
Court and numbered as S.C No.423/2019 of the Assistant Sessions
Court, Tirur, stands on the same footing as that of those co-accused,
whose case was permitted to be withdrawn. The defacto complainant
has also settled the disputes.
8. Having regard to the circumstances mentioned above,
I am satisfied that, in view of the settlement as well as the
withdrawal petition filed in respect of other accused, no purpose
would be achieved by continuing the prosecution and therefore
nothing prevents this Court from acting upon the settlement arrived
at with the 2nd respondent herein.
9. Accordingly, the proceedings against the petitioner in
S.C No.423/2019 on the files of the Assistant Sessions Court, Tirur
arising out of Crime No.218/2005 of Tirur Police Station is hereby
quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
MSA
2024:KER:73308
PETITIONER ANNEXURES
Annexure A1 TRUE COPY FIR REGISTERED BY THE TIRUR
Annexure A2 TRUE COPY FINAL REPORT IN CRIME NO.
218/2005 OF TIRUR POLICE.
Annexure A3 TRUE COPY OF JUDGMENT ISSUED BY THE
HON'BLE ASSISTANT SESSIONS COURT TIRUR
IN S.C. 30/2008 ALONG WITH THE ORDER
ISSUED BY THE HON'BLE ASSISTANT SESSIONS
COURT TIRUR IN CRL.M.P. 196/2008 DATED
22/10/2008
Annexure A4 TRUE COPY OF THE DEATH CERTIFICATE
ISSUED TO THE 2ND RESPONDENT BY THE
PURATHUR GRAMA PANCHAYAT DATED
24/02/2023
Annexure A5 AFFIDAVIT EXECUTED BY 2ND RESPONDENT/THE
SON OF THE DEFACTO COMPLAINANT DATED
12/06/2024
