Kerala High Court
Muhammad Rafi vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79714
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. 8289 OF 2024
CRIME NO.580/2019 OF Pallickal Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.709 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL
PETITIONERS/ACCUSED NOS.1 TO 6:
1 MUHAMMAD RAFI
AGED 26 YEARS
S/O.ABDUL RASAK, RAFI MANZIL, VELLACHALIL,
KATTUPUTHUSSERY, PALLICKAL VILLAGE, THIRUVANANTHAPURAM
DISTRICT -, PIN - 695604
2 MUHAMMED NIHAL @ SALMAN
AGED 25 YEARS
S/O.ANSAR, CHARAYIL PUTHEN VEEDU, VELLACHALIL,
KATTUPUTHUSSERY, PALLICKAL VILLAGE, THIRUVANANTHAPURAM
DISTRICT -, PIN - 695604
3 AFSAL
AGED 25 YEARS
S/O.NASIMUDEEN, THOLOOR HOUSE, KATTUPUTHUSSERY,
PALLICKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT -,
PIN - 695604
4 ABDULLA
AGED 29 YEARS
S/O.SHAJAHAN, PANAYIL VEEDU, KATTUPUTHUSSERY, PALLICKAL
VILLAGE, THIRUVANANTHAPURAM DISTRICT -, PIN - 695604
5 MUHAMMAD ANAS
AGED 24 YEARS
S/O.ASEES, KAUNNUMPURATHU VEEDU, THOLOOR, MADAVOOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT -, PIN - 695602
CRL.MC NO. 8289 OF 2024 2
2024:KER:79714
6 MISHAL
AGED 31 YEARS
S/O.MUHAMMED RAFEEK, RAFI VILLA, KATTUPUTHUSSERY,
PALLICKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT -, PIN -
695604
BY ADVS.
K.SIJU
ANJANA KANNATH
MARIYA JOSE
RESPONDENTS/STATE & DEFACTO COMPLAINANT & INJURED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT
PIN - 695604
3 AJMAL.M
AGED 24 YEARS
S/O.MINHAJUDEEN.A, AJMAL MANZIL, KATTUPUTHUSSERY,
PALLICKAL P.O, PALLICKAL, THIRUVANANTHAPURAM -,
PIN - 695604
4 MUHAMMED SHA.S.R
AGED 27 YEARS
S/O.SUBAIR KUNJU, S.R MANZIL, PUNNODU, VETTIYARA P.O,
NAVAIKULAM, THIRUVANANTHAPURAM DISTRICT -, PIN - 695603
BY ADV.
SMT. SREEJA V (PP)
SRI. MUHAMMED RAFI - R3 AND R4
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. 8289 OF 2024 3
2024:KER:79714
BECHU KURIAN THOMAS, J
-------------------------------------------
Crl.M.C.No.8289 of 2024
----------------------------------------------------
Dated this the 22nd 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 the accused Nos.1 to 6 in C.C. No.709/2019
on the files of the Judicial First Class Magistrate Court-II, Attingal, arising
out of Crime No.580/2019 of Pallickal Police Station,
Thiruvananthapuram, registered for the offences under Sections 341,
323 and 324 read with Section 34 of the Indian Penal Code, 1860.
Respondents 3 and 4 are the defacto complainant and the injured
witness.
3. According to the prosecution, the accused had on
28.05.2019 restrained the defacto complainant and his friend and
assaulted, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the
learned counsel for the respondents, apart from the learned Public
Prosecutor.
2024:KER:79714
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 and Anenxure A4 affidavits filed
by the respondents 3 and 4. The learned Public Prosecutor has
submitted that upon verification, it is understood that the affidavits are
genuine, and the defacto 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.
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8. Accordingly, all proceedings against the petitioners in C.C.
No.709/2019 on the files of the Judicial First Class Magistrate Court-II,
Attingal, are quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
AJ JUDGE
2024:KER:79714
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF FIR IN CRIME
NO.580/2019 OF PALLICKAL POLICE STATION,
THIRUVANANTHAPURAM DISTRICT DATED 29.5.2019
Annexure A2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME
NO. 580/2019 OF PALLICKAL POLICE STATION AND
THE SAME WAS RECEIVED BY THE JURISDICTIONAL
MAGISTRATE ON 12.7.2019
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
REGARDING THE SETTLEMENT DATED 1.8.2024
Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT
REGARDING THE SETTLEMENT DATED 1.10.2024
