Kerala High Court
Abdul Samad vs State Of Kerala on 6 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:68183
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 6204 OF 2017
CRIMINAL APPEAL NO.36/2016 OF THE COURT OF SESSIONS, PALAKKAD IN
CRIME NO.593/2011 OF PATTAMBI POLICE STATION, PALAKKAD
C.C. NO.983 OF 2011 OF COURT OF JUDICIAL FIRST CLASS MAGISTRATE, PATTAMBI
IN CRIME NO.593/2011 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT
PETITIONERS/APPELLANTS/ACCUSED NO.3, 5 AND 6:
1 ABDUL SAMAD
AGED 41 YEARS, S/O.ALIYAMMU, KUNNAMKADUNGATHU HOUSE,
THIRUVEGAPPURA, PALAKKAD DISTRICT.
2 UMMER SHIHAD
AGED 33 YEARS, S/O.MUHAMMED, PULAKKAL HOUSE, THIRUVEGAPPURA.
3 MANSOOR
AGED 31 YEARS, S/O.MUHAMMED, KUNNAMKADUNGATHU HOUSE,
THIRUVEGAPPURA, PALAKKAD DISTRICT.
BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.M.REVIKRISHNAN
RESPONDENTS/RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
2 MANIKANDAN
S/O.VELAN, AMBALAPPARAMBIL HOUSE, MUTHUMALA, PATTAMBI TALUK,
PALAKKAD DISTRICT.
BY ADVS. SRI.VIVEK.JOY.K
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEAD ON 06.09.2024
ALONG WITH CRL.MC.7193/2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C. Nos.6204 OF 2017 & 7193 OF 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 7193 OF 2024
CRIME NO.593/2011 OF PATTAMBI POLICE STATION, PALAKKAD
IN C.C. NO.44 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
PATTAMBI
PETITIONERS/ACCUSED 1, 2 AND 4:
1 SHIHAB
AGED 41 YEARS
S/O. MUHAMMAD, KUNNAMPURATH HOUSE, THIRUVEGAPPURA,
PATTAMBI TALUK, PALAKKAD DT., PIN - 679304
2 RISHAD K.P
AGED 41 YEARS
S/O. SAIDALAVI, KUNNAMPURATH HOUSE, THIRUVEGAPPURA,
PATTAMBI TALUK, PALAKKAD DT., PIN - 679304
3 ABDUL AZEEZ
AGED 48 YEARS
S/O. ALI, KUNNAMKADUNGATH HOUSE, THIRUVEGAPPURA,
PATTAMBI TALUK, PALAKKAD DT., PIN - 679304
BY ADV A.HAROON RASHEED
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 MANIKANDAN
AGED 48 YEARS
S/O. VELAN, AMBALAPARAMBIL HOUSE, KOZHIKOTTIRI,
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Crl.M.C. Nos.6204 OF 2017 & 7193 OF 2024
3
MUTHUTHALA, PATTAMBI TALUK , PALAKKAD DT.,
PIN - 679303
BY ADVS.
C.R.REKHESH SHARMA FOR R2
RENJITH T.R., SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, ALONG WITH CRL.MC.6204/2017, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
2024:KER:68183
Crl.M.C. Nos.6204 OF 2017 & 7193 OF 2024
4
P.V.KUNHIKRISHNAN, J.
------------------------------------
Crl.M.C. Nos. 6204 of 2017 & 7193 of 2024
--------------------------------------------------------
Dated this the 6th day of September, 2024
ORDER
These two criminal miscellaneous cases are connected
and therefore, I am disposing of these Criminal Miscellaneous
Cases by a common order.
2. Petitioners are accused Nos.3, 5 and 6 in C.C.
No.983/2011 on the files of Judicial First Class Magistrate Court,
Pattambi. Above cases are charge sheeted alleging offences
punishable under Sections 143, 147, 148, 341, 323, 324 read
with Section 34 IPC. The petitioners in Crl.M.C. No.7193/2024 are
accused Nos.1, 2 and 4 in the above case. The petitioners in
Crl.M.C. No.7193/2024 were not able to appear before the trial
court and their case was splitted and renumbered as C.C.
No.44/2016. The petitioners in Crl.M.C. No.6204/2017 faced trial
and they were convicted and sentenced under Sections 143,
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Crl.M.C. Nos.6204 OF 2017 & 7193 OF 2024
147, 148, 341, 323, 324 read with 149 IPC.
3. Aggrieved by the conviction and sentence the
petitioners in Crl.M.C. No.6204/2017 filed appeal before the
Sessions Court, Palakkad as evident by Annexure.C appeal.
Annexure.C appeal is pending as Crl.A. No.36/2016 before the
Sessions Court, Palakkad. At this stage, the entire dispute
between the petitioners and the victims are settled out of court.
Hence, this criminal miscellaneous cases are filed to quash the
proceedings against the petitioners in Crl.M.C. No.6204/2017 and
Crl.M.C. No.7193/2024.
4. Heard the learned counsel for the petitioners and the
learned counsel appearing for the defacto complainant/victim in
both these cases.
5. The defacto complainant/victim submitted that the
entire dispute between the parties are settled and they have no
grievance against the petitioners in these criminal miscellaneous
cases.
6. The learned Public Prosecutor also submitted that the
entire disputes are settled. The affidavit of the victim is produced
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Crl.M.C. Nos.6204 OF 2017 & 7193 OF 2024
in Crl.M.A. No.3/2024, in which it is stated that he has no
grievance against the petitioners in Crl.M.C. No.6204/2017. An
affidavit is filed in Crl.M.C. No.7193/2024 also stating that the
victim has no grievance against the petitioners in Crl.M.C.
No.7193/2024.
7. The Apex Court in Ram Gopal v. State of Madhya
Pradesh [2021 (2) KLD 828] observed that the cases where
compromise is struck post conviction, High Court can exercise
discretion to quash the proceedings. In the light of the above
principle, I am of the considered opinion that, these criminal
miscellaneous cases can be allowed quashing the proceedings
against the petitioners, since dispute are private in nature and
there is no public interest involved in this case. Therefore, the
prosecution against the petitioners can be quashed.
Therefore, these criminal miscellaneous cases are
allowed in the following manner:
i. Crl.M.C. No.6204/2017 is allowed and all further
proceedings in C.C. No.983/2011 on the files of Judicial First
Class Magistrate Court, Pattambi, including Annexure.B
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Crl.M.C. Nos.6204 OF 2017 & 7193 OF 2024
judgment and Annexure.C Crl.A. No.36/2016 pending before
the Sessions Court, Palakkad are quashed.
ii. Crl.M.C. No.7193/2024 is allowed and all further
proceedings in C.C. No.44/2016 on the files of Judicial First Class
Magistrate Court, Pattambi are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SCB
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Crl.M.C. Nos.6204 OF 2017 & 7193 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF F.I.R IN CRIME NO.
593/2011 OF PATTAMBI POLICE STATION
ANNEXURE A2 THE TRUE COPY OF THE FINAL
REPORT/CHARGE SHEET ALONG WITH WITNESS
MEMORANDUM IN CRIME NO 593/2011 OF
PATTAMBI POLICE STATION
ANNEXURE A3 THE TRUE COPY OF THE WOUND CERTIFICATE
OF THE 2ND RESPONDENT DATED 24/10/2011
ANNEXURE A4 ORIGINAL COPY OF AFFIDAVIT DATED
10/8/2024 EXECUTED BY THE 2ND
RESPONDENT
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Crl.M.C. Nos.6204 OF 2017 & 7193 OF 2024
PETITIONER ANNEXURES
ANNEXURE A. A TRUE COPY OF THE FINAL REPORT IN
C.C.NO.983/2011 OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE,
PATTAMBI.
ANNEXURE B. TRUE COPY OF THE JUDGMENT IN
C.C.NO.983/2011 OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE,
PATTAMBI, DATED 20.01.2016.
ANNEXURE C. TRUE COPY OF THE MEMORANDUM OF CRIMINAL
APPEAL NO.36/2016 OF THE COURT OF THE
SESSIONS PALAKKAD.
ANNEXURE D. TRUE COPY OF THE JOINT COMPROMISE
PETITION FILED BEFORE THE COURT OF
SESSIONS, PALAKKAD IN CRL.APPEAL
NO.36/2016 SIGNED BY THE PETITIONERS
HEREIN AND THE 1ST RESPONDENT.
