Kerala High Court
Dhulkhifili vs State Of Kerala on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71323
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25 TH DAY OF SEPTEMBER 2024 / 3RD
ASWINA, 1946
CRL.MC NO. 7380 OF 2024
CRIME NO.452/2021 OF Meenangadi Police Station,
Wayanad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.639 OF
2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,SULTHANBATHERY
PETITIONER/S:
1 DHULKHIFILI
AGED 39 YEARS
S/O. ABDUL RAHMAN, EDAVALOM VEEDU, PINANGODE
P.O, ACHOORANAM, WAYANAD-, PIN - 673121
2 SHABEEB.C,
AGED 39 YEARS
S/O. ISMAIL, CHERUKADATHU VEEDU, PINANGODE
P.O, VENGAPPALLY, WAYANAD-, PIN - 67312
3 SHABEEB,
AGED 39 YEARS
S/O. ANTHRU, NEDIYARAMBATH HOUSE, PINANGODE,
P.O.VENGAPPALLY, WAYANAD-, PIN - 673121
4 FAJIS.P,
AGED 39 YEARS
S/O. KUNJAPPA, PUTHENPURAYIL VEEDU, PINANGODE
Crl.M.C.No.7380 of 2024
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-2-
P.O, VENGAPPALLY, WAYANAD-, PIN - 673121
5 SAMSHEED
AGED 41 YEARS
S/O. MOIDEEN, MAMMINIPATTU, PINANGODE P.O,
VENGAPPALLY, WAYANAD-, PIN - 673121
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
JISSMON A KURIAKOSE
SANAL C.S
SIDHARTHAN M.T.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, PIN - 682031
2 SHAMEER R.K,
AGED 40 YEARS
S/O. FATHIMA, ARAKKATTIL HOUSE, ANAPARAVAYAL,
MUTTIL SOUTH VILLAGE, MUTTIL P.O, VAITHIRI,
WAYANAD DISTRICT-, PIN - 673122
OTHER PRESENT:
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.7380 of 2024
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-3-
ORDER
Dated this the 25th day of September, 2024
Petitioners have invoked the jurisdiction
under Section 528 of BNSS, 2023 to quash all
proceedings against them.
2. Petitioners are accused 1 to 5 in C.C.
No.639 of 2021 on the files of the Judicial
Magistrate of First Class, Sulthanbathery,
arising out of Crime No.452 of 2021 of Meenangadi
Police Station, Wayanad, registered for the
offences under Sections 143, 147, 341, 323 and
324 r/w Section 149 of the Indian Penal Code,
1860. The 2nd respondent is the de facto
complainant.
3. According to the prosecution, the accused
had on 11.07.2021 formed themselves into an
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unlawful assembly and assaulted the de facto
complainant 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.
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
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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 affidavit
filed by the 2nd respondent. The learned Public
Prosecutor has submitted that upon verification,
it is understood that the affidavit is genuine,
and the defacto complainant stands 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
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exercise in futility.
8. Accordingly, all proceedings against the
petitioners in C.C. No.639 of 2021 on the files
of the Judicial Magistrate of First Class,
Sulthanbathery are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Scl/
2024:KER:71323
PETITIONER ANNEXURES
Annexure-A1 CERTIFIED COPY OF THE FIR IN CRIME
NO. 452/2021 ALONG WITH FIS DATED
16/7/2021 OF MEENANGADI POLICE
STATION, WAYANAD DISTRICT
Annexure-A2 CERTIFIED COPY OF THE FINAL REPORT
DATED 22/7/2021 IN CRIME NO.
452/2021 OF MEENANGADI POLICE
STATION FILED BEFORE THE JFCM-1,
SULTHAN BATHERY
Annexure-A3 THE AFFIDAVIT DATED 24.07.2024 SWORN
BY THE 2ND RESPONDENT
