Kerala High Court
Sadiq Ali vs State Of Kerala on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71320
CRL.MC NO. 6811 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CRL.MC NO. 6811 OF 2024
CRIME NO.648/2021 OF PAYYANNUR POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.438 OF 2022 OF FAST
TRACK SPECIAL COURT, THALIPARAMBA
....................................
PETITIONER/ACCUSED :
SADIQ ALI, AGED 31 YEARS
S/O. IBRAHIM, MUBEENA MANZIL,
ELAMBACHI, THALICHALAM,
CHANDERA,
KASARGOD DISTRICT, PIN - 671 311.
BY ADVS. M.ANUROOP
M.DEVESH
MURSHID ALI M.
RESPONDENT/STATE AND COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
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CRL.MC NO. 6811 OF 2024
2
2 RATHEESH. A.K., AGED 43 YEARS
S/O. A.V. RAGHUNATHAN,
ACHAN VEETTIL,
SREENILAYAM,
ECHILAMVAYAL,
VELLUR VILLAGE,
PAYYANUR,
KANNUR DISTRICT., PIN - 670 307.
3 SREEJA. A, AGED 34 YEARS
W/O. RATHEESH. A.K, ACHAN VEETTIL,
SREENILAYAM, ECHILAMVAYAL,
VELLUR VILLAGE, PAYYANUR,
KANNUR DISTRICT., PIN - 670 307.
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:
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CRL.MC NO. 6811 OF 2024
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BECHU KURIAN THOMAS, J
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Crl.M.C.No.6811 of 2024
...................................................
Dated this the 25th day of September, 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 sole accused in S.C.No.438/2022 on the files of the
Sessions Court, Taliparamba, arising out of Crime No.648/2021 of
Payyanur Police Station, registered for the offences punishable under
Sections 447 and 436 of the Indian Penal Code, 1860. The second
respondent is the de facto complainant and the third respondent is the
aggrieved person.
3. According to the prosecution, accused had on 26.12.2021 trespassed into
the house of the de facto complainant and set fire to the scooter
belonging to the 3rd respondent causing a loss of Rs.41,000/- and thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for
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CRL.MC NO. 6811 OF 2024
the respondents, apart from the learned Public Prosecutor.
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-A3 and Annexure-A4 affidavits filed by
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 granting the prayer for
quashing. The continuance of the proceedings will only be an exercise
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CRL.MC NO. 6811 OF 2024
in futility.
8. Accordingly, all proceedings against the petitioner in S.C.No.438/2022 on
the files of the Sessions Court, Taliparamba, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/27/09/2024
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CRL.MC NO. 6811 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME. NO.
648/2021 OF PAYYANUR POLICE STATION DATED
27-12-2021
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
25-03-2022 IN CRIME NO. 648/2021 OF PAYYANUR
POLICE STATION
ANNEXURE A3 THE AFFIDAVIT DATED 06-07-2024 SWORN IN BY
THE 2ND RESPONDENT
ANNEXURE A4 THE AFFIDAVIT DATED 06-07-2024 SWORN IN BY
THE 3RD RESPONDENT
