Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945 CRL.MC NO. 7961 OF 2023 CRIME NO.663/2022 OF Thaliparamba Police Station, Kannur AGAINST THE ORDER/JUDGMENT CC 1135/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA PETITIONER/S: 1 RABITH C.P AGED 33 YEARS CHERIYA POOKKOSINTAKATHU, CHORAKKALA, KURUMATHUR MANCHAAL KANNUR RURAL, KANNUR DISTRICT,, PIN - 670142
2 SABITH C.P AGED 36 YEARS S/O.MUHAMMED ALI, CHERIYA POOKKOSINTAKATHU, CHORAKKALA, 3 SALMATH C.P AGED 25 YEARS D/OMUHAMMED ALI, CHERIYA POOKKOSINTAKATHU, CHORAKKALA, 4 KHADEEJA C.P AGED 57 YEARS W/O KASIM, CHERIYA POOKKOSINTAKATHU, CHORAKKALA, BY ADVS. P.S.ANISHAD LIMNA BHASKARAN T.AJITH KUMAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 Crl. M.C. No.7961/2023 -2- 2 MUHAMMED ASHRAF AGED 34 YEARS S/O. MUHAMMED, PANIKKARAKATH PARAKKADAVATH, KADAMBERI, 3 MUHAMMED SHEREEF AGED 30 YEARS S/O MUHAMMED, PANIKKARAKATH PARAKKADAVATH, KADAMBERI, 4 RAHIYANATH AGED 60 YEARS W/O.MUHAMMED, PANIKKARAKATH PARAKKADAVATH, KADAMBERI, OTHER PRESENT: SRI VIPIN NARAYAN (SR PP)/ SRI. K.R. ARUN KRISHNAN (FOR RESPONDENT) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C. No.7961/2023 -3-
ORDER
The petitioners are accused Nos.1 to 4 in Crime No.663/2022 of Taliparamba Police Station, Kannur District which is now pending as C.C.No.1135/2022 before the Judicial First Class Magistrate Court, Taliparamba. The petitioners face prosecution under Sections 451, 294 (b), 506, 323, 324, 427 of the Indian Penal Code.
2. When the matter is taken up for consideration today it is the
submission of the learned counsel for the petitioners that all issues between the petitioners and respondents 2 to 4 (de facto complainants) have been settled. He also produced affidavits of respondents 2 to 4 as Annexures-A2 to A4.
3. Heard the learned Public Prosecutor and learned counsel for respondents 2 to 4.
4. Having regard to the facts and circumstances of the case and
considering the fact that all issues between the petitioners and respondents 2 to 4 have been settled and also considering Annexures-A2 to A4 affidavits of the respondents 2 to 4, I am of the view that this is fit case where, the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked and the proceedings against the petitioners can be quashed on the ground of settlement. Keeping in mind the law laid down by the Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan; (2019) 5 SCC 688, I am of the view that the proceedings Crl. M.C. No.7961/2023 -4- against the petitioners can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioners. The chances of a successful prosecution are remote. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners, in C.C.No.1135/2022 before the Judicial First Class Magistrate Court, Taliparamba will stand quashed. Sd/- GOPINATH P. JUDGE AMG Crl. M.C. No.7961/2023 -5- APPENDIX OF CRL.MC 7961/2023 PETITIONER ANNEXURES Annexure A1 A CERTIFIED COPY OF THE CHARGE SHEET IN C.C. NO.1135/2022 (CRIME NO. 1325/2022 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT) Annexure A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANTS, DATED 08/08/2023 Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT, DATED Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT, DATED