Kerala High Court
Mohammed Sinan vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79784
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.MC NO. 8186 OF 2024
CRIME NO.1180/2023 OF Kothamangalam Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.540 OF 2023 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT - II, KOTHAMANGALAM
PETITIONERS/ACCUSED:
1 MOHAMMED SINAN
AGED 21 YEARS
S/O. MUSSAN KAREEM, POOYITHARA HOUSE, NEAR SALAFI
MASJID, PERUMANNA MALAPPURAM DISTRICT - 676501.,
PIN - 676501
2 SIJO.S
AGED 20 YEARS
S/O.SAJI, SAJI VILASAM HOUSE, THENMALALA POST,
PATHANAPURAM, KOLLAM DISTRICT, PIN - 69130
3 YASSIN H KABEER
AGED 20 YEARS
S/O. HUMAYUN KABEER, PUNNAVILLAPURAYIDAM HOUSE,
NEDUMBARAMB KAVALA, PATHANAPURAM PINCODE,
KOLLAM DISTRICT, PIN - 689695
4 BASIL K WILSON
AGED 21 YEARS
S/O. WILSON, KAKKADU KUDIYIL HOUSE, THIRUVAYIAD
VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT,
PIN - 678510
BY ADVS.
P.C.MUHAMMED NOUSHIQ
JAHANA SHERIN.K
CRL.MC NO. 8186 OF 2024 2
2024:KER:79784
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT,
PIN - 686691
3 MOHAMMED SHAMNAD.M
AGED 21 YEARS
S/O.SHAMSUDHEEN.M, MANCHAMPARAYAKATH HOUSE,
K.K.JUNCTION, EZHUVATHIRUTHY, PONNANI, MALAPPURAM
DISTRICT-, PIN - 679577
BY ADVS.
SRI. NOUSHAD K. A. (PP)
ABDUL HADI M.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8186 OF 2024 3
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BECHU KURIAN THOMAS, J
.............................................
Crl. M.C No. 8186 of 2024
.......................................................
Dated this the 22nd day of October, 2024
ORDER
Petitioners have invoked the jurisdiction under Section
482 of Code of Criminal Procedure, 1973, to quash all proceedings
against him.
2. Petitioners are the accused in C.C No.540/2023 on the
files of the Judicial First Class Magistrate Court-II, Kothamangalam,
arising out of Crime No.1180/2023 of Kothamangalam Police
Station, Ernakulam, registered for the offences punishable under
Sections 447, 294(b), 506(i), 323 and 427 of the Indian Penal
Code, 1860. The third respondent is the de facto complainant.
3. According to the prosecution, the accused had on
08.08.2023 wrongfully restrained the defacto complainant and
assaulted him, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the
learned counsel for the respondent, apart from the learned Public
Prosecutor.
5. The learned counsel for the petitioners submitted that
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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 third
respondent. The learned Public Prosecutor has submitted that
upon verification, it is understood that the affidavit is genuine,
and 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 the proceedings will only
be an exercise in futility.
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8. Accordingly, all proceedings against the petitioners in
C.C No.540/2023 on the files of the Judicial First Class Magistrate
Court-II, Kothamangalam, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
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PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET WAS
FILED AND THE JUDICIAL FIRST CLASS
MAGISTRATE COURT -I, KOTHAMANGALAM HAS
TAKEN COGNIZANCE AS C.C. NO. 540 OF 2023.
CERTIFIED COPY OF FIR IN CRIME NO. 1180 OF
2023 OF KOTHAMANAGALAM POLICE STATION,
ERNAKULAM DISTRICT
Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET ALONG
WITH MEMORANDUM OF EVIDENCE, STATEMENTS OF
THE WITNESSES AND WOUND CERTIFICATES IN
CRIME NO. 1180 OF 2023 OF KOTHAMANAGALAM
POLICE STATION, ERNAKULAM DISTRICT
Annexure A3 TRUE COPY OF THE AFFIDAVIT DATED 22.08.2024
