Kerala High Court
Sadiq Rahman vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 7511 OF 2024 1
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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. 7511 OF 2024
CRIME NO.596/2014 OF Meenangadi Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.87 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,SULTHANBATHERY
PETITIONERS/ACCUSED NO 1 -6:
1 SADIQ RAHMAN
AGED 30 YEARS
S/O BASHEER, VADAKKATTU PARABIL HOUSE, CHANNALI,
KARYAMBADI, WAYAND DIST, PIN - 673591
2 HARIS T.N
AGED 29 YEARS
S/O MUHAMMED KUTTY, THAIKKADAN HOUSE, POOVANARIKUNNU,
CHEKUTHAKUNNU, KANIYAMBETTA, WAYAND DIST, PIN - 673122
3 VISHNU K.N
AGED 29 YEARS
S/O KANNAN, AGED 29 YEARS, THALTHALIL HOUSE,
CHENDAKOONY, MEENANGADI P.O, WAYAND DIST, PIN - 673591
4 ABHIJITH @ KANNAN
AGED 31 YEARS
S/O JAYAN, AGED 31 YEARS, KANAMPARAMBIL HOUSE, ARIMULA,
KARYAMBADI P.O, WAYAND DIST, PIN - 673591
5 SHEBIN RASHID
AGED 29 YEARS
S/O SALIM, AGED 29 YEARS, POTTAMMAL HOUSE, KOLLIVAYAL,
KANIYAMBETTA, WAYAND DIST, PIN - 673122
6 MUHSIN
AGED 28 YEARS
CRL.MC NO. 7511 OF 2024 2
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S/O ABDUL KADHAR, AGED 28 YEARS, CHERVANASSERY
PULPPADAN HOUSE, KOZHINJANGAD, ADIVARAM, KANIYAMBETTA,
WAYANAD DIST, PIN - 673122
BY ADV ANTONY PAUL
RESPONDENTS/COMPLAINANT/CW1 & 2:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 PRAVEEN P. P
AGED 30 YEARS
S/O PRAKASHAN, AGED 30 YEARS, PULLOR KUDIYIL HOUSE,
CHUNDAKOLLI, KARYAMBADI P.O, KANIYAMBETTA VILLAGE,
WAYANAD DIST, PIN - 673591
3 SHAMNAS C. A
AGED 28 YEARS
S/O ABDUL AZIS, AGED 28 YEARS, CHOLAKKAL HOUSE, MOOTTIL
NORTH, KARYAMBADI P.O, MEENANGADI, WAYANAD DIST, PIN -
673591
BY ADVS
SRI. V.A.NAVAS
SRI. C.N. PRABHAKARAN (PP)
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. 7511 OF 2024 3
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BECHU KURIAN THOMAS, J
.............................................
Crl. MC No.7511 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 accused Nos.1 to 6 in C.C. No.87/2017
on the files of the Judicial First Class Magistrate Court, Sulthanbathery,
arising out of Crime No.596/2014 of Meenangadi Police Station,
Wayanad, registered for the offences punishable under Sections 143,
147, 148, 323 and 324 read with Section 34 of the Indian Penal Code,
1860. Respondents 2 and 3 are the de facto complainant and the injured
witness.
3. According to the prosecution, the accused had on
31.10.2014, formed themselves into an unlawful assembly and assaulted
the defacto complainant and the 3rd respondent, and thereby committed
the offences alleged.
4. Heard the learned counsel for the petitioners and the
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learned counsel for the respondents, 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 and Annexure A4 affidavits
filed by the respondents 2 and 3. The learned Public Prosecutor has
submitted that upon verification, it is understood that the affidavits are
genuine, and de facto complainant and other deponent 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
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granting the prayer for quashing. The continuance of the proceedings
will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioners in
C.C. No.87/2017 on the files of the Judicial First Class Magistrate Court,
Sulthanbathery, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:79802
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIS AND FIR IN
CRIME NO.596/2014 OF MEENANGADI POLICE
STATION DATED 01/11/2014
Annexure A2 THE CERTIFIED COPY OF THE CHARGE SHEET/FINAL
REPORT LEVELED AGAINST THE
PETITIONERS/ACCUSED DATED 22/04/2015
Annexure A3 THE AFFIDAVIT OF THE 2ND RESPONDENT DATED
22/08/2024
Annexure A4 THE AFFIDAVIT OF THE 3RD RESPONDENT DATED
22/08/2024
