Raheem vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2022

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https://sooperkanoon.com/case/1497306

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Citation: sooperkanoon.com/1497306
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jul 29, 2022
Case Number: Crl.MC/4400/2022

Parties & Advocates

Appellant / Petitioner

Raheem

Respondent

State of Kerala

Excerpt

.....read with section 149 of indian penal code.2. the prosecution case is that, on 14.09.2019 at about13.10 hours, the accused formed into an unlawful assembly and intercepted a bus bearing registration no.kl-39-j-152 driven by the 3rd respondent/defacto complainant, and attacked him. annexure a1 is the final report submitted by the police and this crl.m.c. is filed for quashing all further proceedings pursuant thereto.3. heard smt.ummul fida, learned counsel appearing for the petitioners, smt.sreeja v. learned public prosecutor appearing for the state and smt.nimmy johnson, learned counsel appearing for the 3rd respondent.4. the prayer for quashing the above proceedings is soughtfor by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the defacto complainant has sworn annexure a2. the aforesaid affidavit indicates that, the matter has been settled and the defacto complainant has no subsisting grievance against the petitioners herein. he also conveyed that he has no objection in quashing the proceedings against the petitioners herein. the learned counsel for the 3rd respondent/defacto complainant also confirmed the same. the learned public prosecutor upon instructions submitted that the veracity of the settlement was verified by the station house officer concerned and before the sho also, the defacto complainant has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.5. going through the materials available on record, it isdiscernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. in such circumstances, the chances of a successful prosecution are very bleak. therefore, i am of the view that going by the decision in gian singh v. state of punjab and.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 C.C. NO.954/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA CRIME NO.974/2019 OF VATAKARA POLICE STATION PETITIONER/ACCUSED:
1 RAHEEM S/O ABOOBACKER, RAJILA MANZIL, KOORARA P.O, PANOOR, 2 SHAMSEER S/O KAMAL, OMAN HOUSE, KOORARA P.O, PANOOR, 3 SHINOS N.A. S/O HARIS, BAITHUL SENHA, KOORARA P.O, PANOOR, 4 SHAMNAS S/O HARIS, BAITHUL SENHA, KOORARA P.O, PANOOR, 5 MUBASHEER S/O MUSTHAFA, NELLIYULLATHIL, S/O HARIS, BAITHUL SENHA, KOORARA P.O, PANOOR, KANNUR DISTRICT- , PIN - 670694 6 RASHID S/O ABOOBACKER, RAJILA MANZIL, KOORARA P.O, PANOOR, BY ADVS. UMMUL FIDA C.IJLAL
RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - , PIN - 682031 2 THE SUB INSPECTOR OF POLICE VATAKARA POLICE STATION, KOZHIKODE DISTRICT, PIN - 673101 3 BAIJU 47 YEARS, S/O PRABHAKARAN, KARIYATTUVAYAL HOUSE, ATHANIKKAL, WEST HILL, PUTHIYANGADI, VATAKARA, KOZHIKODE DISTRICT, PIN - -67302 BY ADV NIMMY JOHNSON THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioners are the accused in Crime No.974/2019 of Vatakara Police Station which is now pending as C.C. No.954/2019 on the file of Judicial First Class Magistrate Court, Vatakara. The offences alleged against the petitioners are under Sections 143, 147, 283, 323, 294(b), read with Section 149 of Indian Penal Code.

2. The prosecution case is that, on 14.09.2019 at about

13.10 hours, the accused formed into an unlawful assembly and intercepted a bus bearing Registration No.KL-39-J-152 driven by the 3rd respondent/defacto complainant, and attacked him. Annexure A1 is the final report submitted by the Police and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

3. Heard Smt.Ummul Fida, learned counsel appearing for the petitioners, Smt.Sreeja V. learned Public Prosecutor appearing for the State and Smt.Nimmy Johnson, learned counsel appearing for the 3rd respondent.

4. The prayer for quashing the above proceedings is sought

for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the defacto complainant has sworn Annexure A2. The aforesaid affidavit indicates that, the matter has been settled and the defacto complainant has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 3rd respondent/defacto complainant also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the defacto complainant has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.

5. Going through the materials available on record, it is

discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure A1 Final Report in Crime No.974/2019 of Vatakara Police Station and all further proceedings in C.C.No.954/2019 pending before the Judicial First Class Magistrate Court, Vatakara as against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF CRL.MC 4400/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 954 OF 2019 OF VATAKARA POLICE Annexure A2 AN AFFIDAVIT SWORN BY THE THIRD RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES

Same Court & Year Kerala · 2022 Same Parties Raheem vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.