Kerala High Court
Muhammed Adil vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67915
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 7098 OF 2024
CRIME NO.1683/2017 OF CANTONMENT POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.29 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NOS.1 TO 5:
1 MUHAMMED ADIL
AGED 30 YEARS
S/O.BADARUDIN, ADIL MANZIL, MARKET ROAD,
KALLAMBALAMDESOM, NAVAIKULAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695605
2 MUHAMMED SUHAIL
AGED 27 YEARS
S/O.ANWAR SADATH ANWAR MANZIL, NEAR ALAMKODE H.S.S,
CHIRAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695304
3 FAYIS
AGED 27 YEARS
S/O.SALIM, FAHIMA MANIZL, NEAR MUSLIM CHURCH,
PULLUMUKKU DESOM, KUDAVOOR VILLAGE, KALLAMBALAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695605
4 AKHIL PRAKASH
AGED 25 YEARS
S/O.PRAKASH, ENNASSERI VEEDU, PONGANADU DESOM,
KILIMANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695601
Crl.M.C. No. 7098 of 2024 2
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5 NAJMAL
AGED 26 YEARS
S/O.FASIL, NOUFAL MANZIL, NEAR MANALIMUKKU
JUNCTION, MANALIMUKKU DESOM, NELLANADU VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695606
BY ADVS.
K.SIJU
ANJANA KANNATH
MARIYA JOSE
RESPONDENT/STATE/DE-FACT COMPLAINANT & INJURED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
CONTONMENT POLICE STATION, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
3 NAJEEM
AGED 30 YEARS
S/O.HAKKIM, TASNIM MANZIL, ALATHUKAVU DESOM,
PONGANADU P.O, KILIMANOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695601
4 ADESH SUDHARMAN
AGED 26 YEARS
S/O.SUDHARMAN, GANGA BHAVAN KUNNUMMEL,
PAZHAYAKUNNUMMEL VILLAGE, KILLIMANOOR,
THIRUVANANTHAPURAM DISTRICT, PIN - 695601
BY ADVS.
SRI. A.MUHAMMED RAFFI
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J
.............................................
Crl.M.C. No. 7098 of 2024
.......................................................
Dated this the 6th day of September, 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 5 in C.P. No.29/2018,
on the files of the Judicial First Class Magistrate Court-III,
Thiruvananthapuram, arising out of Crime No.1683/2017 of Contonment
Police Station, registered for the offences punishable under Sections
143, 147, 148, 294(b), 323, 324, 308, 427 read with Section 149 of the
Indian Penal Code, 1860 and Section 27 of the Arms Act,1959.
Respondent Nos.3 and 4 are the de facto complainant and injured
witness.
3. According to the prosecution, the accused had on
14.12.2017 at about 7.00P.M., had formed themselves into an unlawful
assembly and assaulted the de facto complainant and another and also
damaged camera causing loss to the tune of Rs.70,000/-, and thereby
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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.
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 Annexures-A3 and A4 affidavits filed by
the respondent Nos.3 and 4. The learned Public Prosecutor has
submitted that upon verification, it is understood that the affidavits are
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genuine, and the 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
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.P. No.29/2018, on the files of the Judicial First Class Magistrate
Court-III, Thiruvananthapuram, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:67915
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF FIR WITH FIS IN CRIME
NO.1683/2017 OF CONTONMENT POLICE STATION DATED
15.12.2017
ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.
1683/2017 OF CONTONMENT POLICE STATION DATED
15.04.2018
ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
REGARDING THE COMPROMISE DATED 17.8.2024
ANNEXURE A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT
REGARDING THE COMPROMISE DATED 17.8.2024
