Kerala High Court
Midhun.C.E vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73444
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. 6785 OF 2024
CRIME NO.9/2024 OF Nadakkavu Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.7 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -IV,KOZHIKODE
PETITIONERS/ACCUSED NOS 1 TO 6:
1 MIDHUN.C.E
AGED 26 YEARS
S/O SREENIVASAN, PAROL HOUSE, PERINGALAM P.O,
KOZHIKODE DISTRICT, PIN - 683571
2 KAMARUDHEEN.N.A.
AGED 32 YEARS
S/O ABDUL RASHEED, NELLIKKAL HOUSE, KOODARANJI,
KAKKADAMPOYIL P.O, THAMARASSERY,
KOZHIKODE DISTRICT, PIN - 673604
3 JISHNU JAYAN
AGED 29 YEARS
S/O JAYAN.K.V, PALIYA PARAMBIL HOUSE, KARUVALLI,
THILLANKERI P.O, MATTANNUR,
KANNUR DISTRICT, PIN - 670702
4 MISAB KHADER
AGED 22 YEARS
S/O ABDUL KHADER, ASHIDA MANZIL HOUSE,
MULLAKKODI P.O, NANIYOOR, MAMBRAM,
PARASSINIKKADAVU, KANNUR DISTRICT,
PIN - 670602
5 BINEESH.P.M
AGED 31 YEARS
S/O UNNIKRISHNAN NAIR, PRADEEKSHA HOUSE,
IDASSERITHAZHATH, PANTHEERANKAVU P.O,
KOZHIKODE DISTRICT, PIN - 673019
CRL.MC NO. 6785 OF 2024 2
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6 NOUFAL.K.K
AGED 28 YEARS
S/O ABDUL RASAK.K.K, AKKARAPARAMBIL HOUSE,
KODUVALLY P.O, KOZHIKODE DISTRICT,
PIN - 673572
BY ADV
PRANAV
RESPONDENTS/STATE, COMPLAINANT & INJURED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
NADAKKAVU POLICE STATION,
KOZHIKODE DISTRICT, PIN - 673011
3 RAFNAS.K
AGED 30 YEARS
S/O. KHADAR, SUMIYATH MANZIL HOUSE,
PORORA P.O, MATTANUR,
KANNUR DISTRICT, PIN - 670702
4 ASWIN.M.P
AGED 27 YEARS
S/O. RAMESAN.K, AMBILAD HOUSE,
MANGATTIDAM, MALLANUR P.O,
KANNUR DISTRICT, PIN - 670701
BY ADV
SRI. NOUSHAD K. A. (PP)
SRI. S.K SAJU
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. 6785 OF 2024 3
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BECHU KURIAN THOMAS, J.
--------------------------------------
Crl.M.C No.6785 of 2024
---------------------------------------
Dated this 3rd day of October, 2024
ORDER
Petitioners are the accused in C.P No.7/2024 before
the Judicial First Class Magistrate Court-IV, Kozhikode arising
out of Crime No.9/2024. They seek to quash the afore said
crime on the basis of a settlement.
2. Prosecution alleges that, on 01.01.2024 the
accused attacked respondents 3 and 4 using jack lever and
destroyed the CCTV camera and the ticketing machine and
thereby committed the offence under Sections 341, 323, 324,
308, 427 r/w Section 34 of IPC.
3. Sri.Noushad K A, the learned Public
Prosecutor pointed out that the 1 st accused is involved in 13
other criminal cases including those under the Narcotic Drugs
and Psychotropic Substances Act (NDPS Act) and further that
he was also imposed with a detention order under Section 3 of
the Kerala Anti-Social Activities (Prevention) Act (KAAPA Act).
2024:KER:73444
4. The learned counsel for the petitioners
however submitted that the criminal antecedents is only as
against the 1st petitioner and the remaining accused are not
involved in any crime.
5. Even though non-compoundable cases can be
quashed on the basis of settlement, considering the criminal
antecedents of the 1st petitioner, I am of the view that, this case
cannot be quashed. Despite the criminal antecedents being
only against the 1 st accused, I am of the view that such partial
quashing of the proceedings is not appropriate in the peculiar
circumstances of the present case.
Accordingly, I decline to exercise the jurisdiction and
dismiss this Crl.M.C.
Sd/-
BECHU KURIAN THOMAS
JUDGE
MSA
2024:KER:73444
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE F.I.R. AND F.I.S.
IN CRIME NO.9/2024 OF THE NADAKKAVU
POLICE STATION DATED, 02-01-2024
Annexure B CERTIFIED COPY OF THE FINAL REPORT
ALONG WITH THE MEMORANDUM OF EVIDENCE,
THE 161 STATEMENT OF THE WITNESSES AND
OTHER RELIED DOCUMENTS IN CRIME NO:
9/2024 OF THE NADAKKAVU POLICE STATION
DATED, 06-02-2024
Annexure C THE AFFIDAVIT SWORN TO BY THE 3RD
RESPONDENT/DEFACTO COMPLAINANT DATED,
15-7-2024
Annexure D THE AFFIDAVIT SWORN TO BY THE 4TH
RESPONDENT/INJURED DATED, 29-7-2024
