Kerala High Court
Reghu @ Udayakumar vs Udaya on 8 July, 2025
2025:KER:49960
Crl.M.C No.311 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
CRL.MC NO. 311 OF 2025
CRIME NO.87/2017 OF Ponnani Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.415 OF 2018
OF DISTRICT COURT& SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, MANJERI
PETITIONER/ACCUSED 1 TO 9:
1 REGHU @ UDAYAKUMAR
AGED 31 YEARS
S/O PARAMESWARAN (1ST ACCUSED) KINARUKARAPUTHEN
VEEDU, BIYYAM P.O.CHERUVAIKARA , MALAPPURAM., PIN
- 679576
2 BIBIN
AGED 30 YEARS
S/O RAJAN (2ND ACCUSED) MOOKKATHVALAPPIL VEEDU,
BIYYAM P.O.CHERUVAIKARA , MALAPPURAM., PIN -
679576
3 SHIJIMON
AGED 30 YEARS
S/O KUTTIMAN (3RD ACCUSED) KORAMPARAMBIL VEEDU,
BIYYAM P.O.CHERUVAIKARA , MALAPPURAM., PIN -
679576
4 PRADEEP @ ANNANBABU
AGED 30 YEARS
S/O SHOBHANA (4TH ACCUSED) KATTAMBALA VEEDU,
ESWARAMANGALAM P.O.NAITHALLOOR , MALAPPURAM., PIN
- 679573
5 MANOJ
AGED 30 YEARS
S/O DAMODHARAN (5TH ACCUSED) KATTAMBALA VEEDU,
ESWARAMANGALAM P.O.NAITHALLOOR , MALAPPURAM., PIN
- 679573
6 SHIJINDAS
AGED 30 YEARS
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Crl.M.C No.311 of 2025
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S/O MOHANDAS ,KUTTITHARA VEEDU, (6TH ACCUSED)
ESWARAMANGALAM P.O.NAITHALLOOR , MALAPPURAM., PIN
- 679573
7 SANIL
AGED 32 YEARS
S/O GOPALAN (7TH ACCUSED) MAKKORAM VEETTIL,
ESWARAMANGALAM P.O.NAITHALLOOR , MALAPPURAM., PIN
- 679573
8 PRASAD
AGED 31 YEARS
S/O BALAN( 8TH ACCUSED) MURUKKUMPULLI VEEDU,
ESWARAMANGALAM P.O.NAITHALLOOR , MALAPPURAM., PIN
- 679573
9 BINSHANTH
AGED 30 YEARS
S/O MANIKANTAN (9TH ACCUSED) ADHIKARATHUPADI
VEEDU, ESWARAMANGALAM P.O.NAITHALLOOR ,
MALAPPURAM. ., PIN - 679573
BY ADVS.
SHRI.K.S.MANU (PUNUKKONNOOR)
SHRI.K.B.UDAYAKUMAR
RESPONDENTS/DEFACTO COMPLAINANT/WITNESSES/STATE:
1 UDAYA
AGED 51 YEARS
W/O NANDAGOPAL NAMBIVEETTIL HOUSE, ESWARAMANGALAM
P.O.NAITHALLOOR , MALAPPURAM., PIN - 679573
2 MALATHIDEVI
AGED 51 YEARS
W/O RAMANUNNI, NAMBIVEETTIL HOUSE, ESWARAMANGALAM
P.O.NAITHALLOOR , MALAPPURAM., PIN - 679573
3 SREELEKSHMI
AGED 28 YEARS
W/O RAMDAS ,KANJIRAMPALLI VEEDU, ESWARAMANGALAM
P.O.NAITHALLOOR , MALAPPURAM. ., PIN - 679573
4 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR; HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
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Crl.M.C No.311 of 2025
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BY ADV SHRI.M.SURESH KUMAR
OTHER PRESENT:
SRI G SUDHEER, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 08.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C No.311 of 2025
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ORDER
The petitioners are the accused Nos.1 to 9 in S.C
No.415/2018 on the files of the District and Sessions
Court,Manjeri, which arose out of Crime No.87/2017 of Ponnani
Police Station, Malappuram. The offences alleged against them
are under Sections 143, 147, 148, 452, 354, 324, 427, 506(i)
and 308 read with Section 149 of the Indian Penal Code, 1860.
2. In the present petition, the petitioners would contend
that the issue involved in this case has been amicably settled
with the de facto complainant and the other aggrieved persons,
and hence the proceedings against them are liable to be
quashed.
3. Heard the learned counsel for the petitioners, the
learned counsel representing the respondents 1 to 3 and the
learned Public Prosecutor representing the State of Kerala.
4. The de facto complainant and the other aggrieved
persons have filed affidavits before this Court stating that the
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issue involved in this case has been amicably settled, and hence
there is no need to continue the prosecution against the
petitioners.
5. The learned Public Prosecutor, on instructions,
submitted that the de facto complainant and the other
aggrieved persons have given statements to the Investigating
Officer also, to the effect that the matter has been amicably
settled with the petitioners, and hence they are not at all
interested in continuing the prosecution against the petitioners.
6. It is true that the offences involved in this case include
Section 308 IPC. But still it has to be stated that when the
crime is the offshoot of private issues between the parties, and
they have resolved the issues amicably, the quashment of
proceedings could be resorted to maintain harmonious
relationship between the parties. The proposition of law in the
above regard has been laid down by the Hon'ble Apex Court in
Yogendra Yadav v. State of Jharkhand [(2014) 9 SCC
653], wherein it has been held that when quashing of
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proceedings on account of compromise would bring about
peace, and would secure ends of justice, High Court should not
hesitate to quash them.
7. It appears that the issue involved in this case is purely
private in nature. As the matter has been amicably settled
between the parties, and the defacto complainant and the other
aggrieved persons are not at all interested in continuing the
prosecution, there is no purpose to be fulfilled by the
continuance of the prosecution in this case. Therefore, the
request of the petitioners to quash the proceedings pursuant to
the registration of the Crime against them, has to be allowed.
In the result, the petition stands allowed. The
proceedings against the petitioners/accused Nos. 1 to 9 in SC
No.415/2018 on the files of the District and Sessions Court,
Manjeri, which arose out of Crime No.87/2017 of Ponnani Police
Station, Malappuram, are hereby quashed.
Sd/-G. GIRISH
JUDGE
ma/08.07.2025
2025:KER:49960
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO 87/17 OF THE PONNANI POLICE STATION
DT 27/3/17
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
FILED BY THE POLICE IN CRIME NO 87/17
BEFORE THE DISTRICT & SESSIONS COURT,
MANJERI,
Annexure A3 THE AFFIDAVIT OF THE 1ST RESPONDENT DT
4/11/24
Annexure A4 THE AFFIDAVIT OF THE 2ND RESPONDENT DT
4/11/24
Annexure A5 THE AFFIDAVIT OF THE 3RD RESPONDENT DT
4/11/24
