Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL WEDNESDAY, THE 23RD DAY OF MARCH 2022 / 2ND CHAITHRA, 1944 CRL.MC NO. 301 OF 2022 [Crime No.89/2018 of Vidyanagar Police Station now pending as S.C.No.905/2018 on the file of Additional Sessions Court-II, Kasaragod] PETITIONERS/ACCUSED:
1 ABDUL NIZAR, AGED 38 YEARS, BARIKKADU HOUSE, BENDICHAL THAYAL, THEKKIL VILLAGE, KASARAGOD, PIN - 671541 2 ABID K. AGED 37 YEARS,S/O.KUNHALI, BENDICHAL, THEKKIL VILLAGE & POST, KASARAGOD, PIN - 3 KHALID M. AGED 34 YEARS, S/O.MAOUVVAL AMUHAJI, ABUTHAHIR MANZIL BENDICHAL, THEKKIL VILLAGE & POST, KASARAGOD, PIN - 671541 4 KALLADA IBRAHIM @ IBRAHIM, AGED 34 YEARS, KALLADA HOUSE, BENDICHAL, THEKKIL VILLAGE, KASARAGOD, PIN - 671541 BY ADV S.JIJI
RESPONDENTS/STATE,DE FACTO COMPLAINANT & INJURED:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, HIGH COURT.P.O., ERNAKULAM, PIN - 682031 2 AHAMMED MANSOOR, AGED 37 YEARS,S/O.ABDULLA AHAMMED, ABDUL RAHMAN, THAYAL HOUSE, BENDICHAL, THEKKIL VILLAGE, CHENGALA POST, KASARAGOD DISTRICT, PIN - 671541 3 MUHAMMED RAFI K. @ RAFEEQ, AGED 44 YEARS, S/O.ABDUL RAHMAN NEKKARA, NEKKARA HOUSE, KUNHIKKANA, THAJNAGAR, NAIMARMOOLA, MUTTATHODY VILAGE, KASRAGOD, PIN - 671123 R2 AND R3 BY ADV M.M.BABY
:-2-: OTHER PRESENT: R1 BY SR.PP - SRI. VIPIN NARAYANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: :-3-:
O R D E R
Petitioners are the accused in S.C.No.905/2018 on the file of Additional Sessions Court-II, Kasaragod where they face allegations under Sections 341,324,326,427,506(ii) and 308 read with 34 of IPC. Crime No.89/2018 of Vidyanagar Police Station was registered on the first information furnished by CW1/the second respondent. On conclusion of investigation, charge sheet has been laid. Now it is contended that the matter is settled. Petitioners have moved this Court under Section 482 Cr.P.C. for quashing the proceedings.
2. I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor.
3. The allegation is that on 12.2.2018 at 14.30 hours, while
respondents 2 and 3, who are the injured, were moving in a car bearing No.KL-14-S-1114, the accused persons have intercepted the vehicle and in furtherance of their common intention assaulted them using a punch; the first accused had attacked CW1/the second respondent with punch at his forehead, when he was again attacked, that was resisted; :-4-: accused 3 and 4 also attacked and caused grievous hurt, using the punch. In the incident, both respondents 2 and 3 sustained injuries. They also caused damage to the car, resultantly the second respondent suffered a loss of Rs.2500/-.
4. Learned Senior Public Prosecutor submits that the second
respondent is now abroad. The Investigating Officer has telephonic information about the settlement of the second respondent. Annexures A2 and A3 affidavits of the party respondents clearly indicate that the matter is settled.
5. In the light of the averments in the affidavits and the
statement of the learned Senior Public Prosecutor confirming the settlement and since no public interest is involved, entire proceedings in S.C.No.905/2018 on the file of Additional Sessions Court-II, Kasaragod are quashed and the petitioners shall stand exonerated. Crl.M.C. is allowed as above. Sd/- K.HARIPAL, MBS/ Judge :-5-: APPENDIX OF CRL.MC 301/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 89/2018 OF VIDYANAGAR POLICE STATION Annexure2 AFFIDAVIT DATED 30-12-2021 SWORN BY THE 2ND RESPONDENT Annexure3 AFFIDAVIT DATED 30-12-2021 SWORN BY THE 3RD RESPONDENT