Kerala High Court
Muhammed Shabeer vs State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:76966
CRL.MC NO. 7053 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 7053 OF 2024
CRIME NO.519/2022 OF KOTTAKKAL POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1569 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM
PETITIONER/ACCUSED 1 AND 2 :
1 MUHAMMED SHABEER, AGED 22 YEARS
S/O ABDUL SAMAD, KAVUNGAL HOUSE,
KAVATHIKKULAM, KOTTAKKAL,
MALAPPURAM DISTRICT, PIN - 676 503.
2 NIJAS, AGED 25 YEARS
S/O KUNJIMUHAMMED,
ALAMBATTIL HOUSE,
KAVATHIKKULAM KOTTAKKAL,
MALAPPURAM DISTRICT, PIN - 676 503.
BY ADV ABDUL HADI M.P.
RESPONDENT/STATE - DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER,
KOTTAKKAL POLICE STATION,
MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682 031.
2 MUHAMMED JASEEM, AGED 25 YEARS
S/O SAIDHALAVI, KUNDIL HOUSE,
KAVATHIKALAM, KOTTAKKAL,
MALAPPURAM, KERALA, PIN - 676 503.
BY ADV MUNSIF RAHMAN
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7053 of 2024
...................................................
Dated this the 17th day of October, 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 Nos.1 and 2 in C.C.No.1569/2022 on the files of
the Judicial First Class Magistrate Court, Malappuram, arising out of
Crime No.519/2022 of Kottakkal Police Station, Malappuram District,
registered for the offences punishable under Sections 341, 323, 324 and
294(b) r/w Section 34 of the Indian Penal Code, 1860. The second
respondent is the de facto complainant.
3. According to the prosecution, accused had on 27.08.2022 restrained the
de facto complainant and assaulted him and thereby committed the
offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for
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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-A3 affidavit filed by the second respondent.
The learned Public Prosecutor has submitted that upon verification, it is
understood that the affidavit is genuine, and the de facto 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
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the proceedings will only be an exercise in futility.
Accordingly, all proceedings against the petitioners in C.C.No.1569/2022
on the files of the Judicial First Class Magistrate Court, Malappuram, are
quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/21/10/2024
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CRL.MC NO. 7053 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO. 519 OF 2022 OF KOTTAKKAL POLICE STATION,
MALAPPURAM DISTRICT DATED 28.08.2022
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED NIL
ALONG WITH MEMORANDUM OF WITNESS, STATEMENT
OF WITNESS, WOUND CERTIFICATE, SCENE MAHAZAR
IN CRIME NO. 519 OF 2022 OF KOTTAKKAL POLICE
STATION, MALAPPURAM DISTRICT LEADING TO C.C.
NO. 1569 OF 2022 ON THE FILES OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, MALAPPURAM
ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED
