Kerala High Court
Rafeeque Pedena vs State Of Kerala on 30 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:80878
CRL.MC NO. 8510 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
CRL.MC NO. 8510 OF 2024
CRIME NO.33/2009 OF PAYANGADI POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.846 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYANNUR
...............................
PETITIONER/1ST ACCUSED :
RAFEEQUE PEDENA, AGED 44 YEARS
S/O. MUHAMMED KUNHI K,
RESIDING AT MUBASSIRA MANZIL, KADANNAPPALLY P. O,
KADANNAPPALLI, KANNUR, PIN - 670 501.
BY ADV ADHIL P.
RESPONDENTS/RESPONDENTS/STATE, INVESTIGATING OFFICER, DEFACTO
COMPLAINANT & INJURED WITNESSES:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
PAZHAYANGADI POLICE STATION,
PILATHARA-PAPPINISSERI ROAD P.O,
PAZHAYANGADI,
KANNUR, PIN - 670 334.
3 MOHANAN, AGED 63 YEARS
S/O KUNJIKKANNAN,
RESIDING AT PALAKKAVALAPPIL HOUSE,
NARIKKODE,
EZHOME P. O,
KANNUR TALUK,
KANNUR, PIN - 670 334.
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CRL.MC NO. 8510 OF 2024
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4 RATHEESH, AGED 43 YEARS
S/O CHANDRAN,
RESIDING AT EDAKKAL HOUSE,
NARIKKODE, ECHIL MOTTA,EZHOME PO
KANNUR TALUK, KANNUR, PIN - 670 334
5 RAVEENDRAN,
AGED 41 YEARS
S/O KUNJIRAMAN,
NARIKKODE EZHOME P. O,
KANNUR TALUK,
KANNUR, PIN - 670 334.
BY
SMT.SREEJA V., PP
ADV SHABEER ALI MOHAMED
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:80878
CRL.MC NO. 8510 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8510 of 2024
...................................................
Dated this the 30th day of October, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023; to quash all proceedings against him.
2. Petitioner is the first accused in C.C.No.846/2019 on the files of the
Judicial First Class Magistrate Court, Payyannur, arising out of Crime
No.33/2009 of Payangadi Police Station, registered for the offences under
Sections 143, 147, 148, and 324 r/w Section 149 of the Indian Penal
Code, 1860. The third respondent is the defacto complainant and
respondents 4 and 5 are the injured witnesses.
3. According to the prosecution, the accused had on 25.01.2009 formed
themselves into an unlawful assembly and assaulted the de facto
complainant and two others using stones, thereby committing the
offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for
the respondents, apart from the learned Public Prosecutor.
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CRL.MC NO. 8510 OF 2024
5. The learned counsel for the petitioner submitted that the matter has
been settled and hence the proceedings against the petitioner 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-A4 to Annexure-A6 affidavits filed by
respondents 3 to 5. 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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CRL.MC NO. 8510 OF 2024
8. Accordingly, all proceedings against the petitioner in C.C.No.846/2019 on
the files of the Judicial First Class Magistrate Court, Payyannur, are
quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/01/11/2024
2024:KER:80878
CRL.MC NO. 8510 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN
CRIME NO. 33 OF 2009 OF PAZHAYANGADI POLICE
STATION, KANNUR DATED 26.01.2009
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT ALONG WITH
WITNESS STATEMENTS FILED IN CASE PENDING AS
C.C. NO. 846/2019 OF HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT, PAYYANNUR DATED
11.05.2009
ANNEXURE A3 TRUE COPY OF ORDER QUASHING THE CASE AGAINST
THE 5TH ACCUSED IN CRIME NO. 33 OF 2009 OF
PAZHAYANGADI POLICE STATION IN CRL.M.C. NO.
4429/2021 OF HON'BLE HIGH COURT DATED
08.10.2021
ANNEXURE A4 AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED
02.10.2024
ANNEXURE A5 AFFIDAVIT FILED BY THE 4TH RESPONDENT DATED
02.10.2024
ANNEXURE A6 AFFIDAVIT FILED BY THE 5TH RESPONDENT DATED
02.10.2024
