Kerala High Court
Shakeela vs State Of Kerala on 9 May, 2025
2025:KER:33691
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947
CRL.MC NO. 3817 OF 2025
CRIME NO.445/2023 OF KUNNAMKULAM POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT IN CC NO.708 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM
PETITIONERS/ACCUSED NOS.1 TO 7:
1 SHAKEELA
AGED 45 YEARS, W/O. SAITHU MUHAMMED,
CHELAKKAL HOUSE, PAVITTAPURAM DESOM, KOLLUR
VILLAGE, THRISSUR DISTRICT, PIN - 680302.
2 SALIM
AGED 42 YEARS, S/O. RASHEED,
CHELAKKAL HOUSE, PAVITTAPURAM DESOM,
KOLLUR VILLAGE, THRISSUR DISTRICT,
PIN - 680302.
3 SHAHUL HAMEED
AGED 21 YEARS, S/O. SAITHU MUHAMMED,
ASARIVALAPPIL HOUSE, AKKIKAVU DESOM,
PERUMBILAVU VILLAGE, THRISSUR DISTRICT,
PIN - 680519.
4 SAJNA
AGED 36 YEARS, D/O. RASHEED,
CHELAKKAL HOUSE, PAVITTAPURAM DESOM,
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KOLLUR VILLAGE, THRISSUR DISTRICT,
PIN - 680302.
5 SALEENA
AGED 39 YEARS, D/O. RASHEED,
CHELAKKAL HOUSE, PAVITTAPURAM DESOM,
KOLLUR VILLAGE, THRISSUR DISTRICT,
PIN - 680302.
6 RASHEED
AGED 66 YEARS, S/O. MUHAMMED,
CHELAKKAL HOUSE, PAVITTAPURAM DESOM,
KOLLUR VILLAGE, THRISSUR DISTRICT,
PIN - 680302.
7 ASHIQ
AGED 55 YEARS, S/O. KUNJUMON,
YAARTHINKAL HOUSE, VALANCE ROAD,
KANNIMANGALAM VILLAGE, THRISSUR DISTRICT,
PIN - 680027.
BY ADV VISHNUPRASAD NAIR
RESPONDENT(S)/STATE/DEFACTO COMPLAINANT & INJURED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHIN,
PIN - 682031.
2 NUSAIBA
AGED 41 YEARS, W/O. SAITHU MUHAMMED,
ASHARIVALAPPIL HOUSE, AKKIKAVU PO,
THRISSUR DISTRICT -, PIN - 680519.
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3 SAITHU MUHAMMED
AGED 50 YEARS, S/O. ALI,
ASHARIVALAPPIL HOUSE, AKKIKAVU PO,
THRISSUR DISTRICT -, PIN - 680519.
BY ADVS.
SRI.K.R.ARUN KRISHNAN
SRI. M C ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C.No.3817 of 2025
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ORDER
Dated this the 9th day of May, 2025
The petitioners have approached this Court to quash
Annexures - 1 and 2 and all further proceedings in Crime
No.445 of 2003 of Kunnamkulam Police Station on the ground
of settlement arrived at between the parties.
2. The petitioners are the accused and the
offences alleged against the petitioners are punishable under
Sections 450, 341, 323, 354, 384, 294(b), 506, 509 and 34 IPC.
Respondents 2 and 3 are the defacto complainants. Annexures
3 and 4 are the affidavit sworn in by them.
3. Heard Sri. Vishnuprasad Nair, the learned
Counsel appearing for the petitioners, Sri. K.R.Arun Krishnan,
the learned Counsel appearing for respondents 2 and 3 and the
learned Public Prosecutor appearing for the 1st respondent.
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4. Learned Public Prosecutor, on instructions,
submits that the matter has been settled and genuineness of
the settlement has been ascertained. A statement has been
obtained from respondents 2 and 3 and they confirm the fact
that the settlement has indeed been arrived at in terms of
Annexures 3 and 4 affidavits filed by them respectively.
5. Learned Counsel submits that the defacto
complainant as well as the injured have settled the dispute as
revealed in Annexures 3 and 4 affidavits.
6. In view of the dictum laid down by the Hon'ble
Supreme Court in Gian Singh v. State of Punjab [(2012) 10
SCC 303] and State of Madhya Pradesh v. Laxmi Narayan
[(2019) 5 SCC 688], I am of the opinion that the proceedings
against the petitioners can be quashed taking note of the
settlement arrived at between the victim and the offender. No
purpose would be served by continuing with the proceedings
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against the petitioners.
Crl.M.C. is allowed and Annexure-1 FIR and Annexure-
2 Final Report are quashed. No further proceedings in
C.C.No.708 of 2023 on the file of the Judicial First Class
Magistate Court, Kunnamkulam, arising of Crime No.445 of
2003 of Kummankulam Police Station as against the petitioners
are warranted.
Sd/-
SYAM KUMAR V.M.
JUDGE
ams
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PETITIONERS' ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FIR AND FIS DATED
8/4/2023 IN CRIME NO. 445/2023 OF
KUNNAMKULAM POLICE STATION
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN
C.C. NO. 708/2023 ON THE FILES OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
KUNNAMKULAM
Annexure 3 AFFIDAVIT FILED BY THE 2ND RESPONDENT
DATED 21/3/2025
Annexure 4 AFFIDAVIT FILED BY THE 3RD RESPONDENT
DATED 21/3/2025
