Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.MC NO. 6121 OF 2022 AGAINST THE ORDER/JUDGMENTCC 773/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD PETITIONERS/ACCUSED NOS.1 TO 10:
1 ABDUL KHADER AGED 51 YEARS, S/O MUHAMMED, THAYAL HOUSE, 2 SALAHUDHEEN C.A AGED 31 YEARS, S/O ABDULLA, ALAKKA HOUSE, CHERKALA, 3 ABDUL NOUFAL @ KAVU AGED 29 YEARS, S/O MOIDU, CHAYINTI HOUSE, CHERKALA, 4 FAISAL B AGED 31 YEARS, S/O ABDUL RAHMAN, BALADUKKAM HOUSE, CHERKALA, PADI VILLAGE, KASARAGOD, PIN - 671541 5 ASHIM @ UMBU AGED 38 YEARS, S/O ABDUL RAHMAN C.H, MUKKALIKATTA HOUSE, CHERKALA, CHENGALA VILLAGE, KASARAGOD, PIN - 6 JAFFER B.A AGED 31 YEARS, S/O B.K.ABDULLA, BALADUKKAM HOUSE, CHERKALA, PADI VILLAGE, KASARAGOD, PIN - 671541 7 ABDUL JALEEL M.A AGED 25 YEARS, S/O ABOOBACKER, MASJID ROAD, CHERKALA, 8 AFSEER C.A AGED 27 YEARS, S/O HASSANKUTTI, C.M.HOUSE, BALADUKKAM HOUSE, CHERKALA, PADI VILLAGE, KASARAGOD, PIN - 671541 9 MURSHID M.R AGED 24 YEARS, S/O MUHAMMED RIYAS, DINAR MANZIL, CHERKALA, CHENKALA VILLAGE, KASARAGOD, PIN - 671541 10 MUNSEER C.H AGED 26 YEARS, S/O HAMEED, BALADUKKAM HOUSE, CHERKALA, PADI VILLAGE, KASARAGOD, PIN - 671541 BY ADV MANAS P HAMEED
RESPONDENTS/STATE, DE-FACTO COMPLAINANT & VICTIMS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER VIDYANAGAR POLICE STATION, VIDYANAGAR P.O, KASARAGOD, PIN - 671121 3 MUHAMMED RAFEEQUE P.E AGED 35 YEARS S/O IBRAHIM, BADUSHA MANZIL, PODIPPALLAM, CHENGALA, 4 MUHAMMED HANEEFA AGED 49 YEARS, S/O ABOOBACKER, KANIYADUKKAM HOUSE, 5 MUHAMMED RAFEEQUE C.K AGED 41 YEARS, S/O ABOOBACKER C.K, FATHIMA MANZIL, 6 MUNEER SADATH AGED 35 YEARS, S/O MUHAMMED, SADATH MANZIL, BAMBRANI NAGAR, CHERKALA, CHENGALA VILLAGE, KASARAGOD, PIN - BY ADVS. PUBLIC PROSECUTOR K REMIYA RAMACHANDRAN K
ADV C S HRITHWIK-SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 6th day of October, 2022 The petitioners are the accused nos. 1 to 10 in crime No.535/2015 of Vidyanagar Police Station, which is now pending as C.C No. 773/2018 before the Judicial First Class Magistrate Court-II, Kasargod. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, read with 149 of Indian Penal Code.
2. The prosecution case is that, on 25.12.2015 at
19.30 hours, due to political animosity, the petitioners formed into an unlawful assembly and attacked the respondents 3 to 6. Annexure-A2 is the F.I.R. and Annexure-A1 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A1 final report.
3. Heard Sri. Manas P. Hameed, the learned
counsel appearing for the petitioners, Sri. C.S. Hrithwik, the learned Senior Public Prosecutor for the State and Kum. K. Remiya Ramachandran, learned counsel for the respondents 3 to 6.
4. The prayer for quashing the proceedings is
sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3, A4, A5, A6 Aaffidavits sworn by the respondents 3 to 6 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the respondents 3 to 6 had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 3 to 6 also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
5. The allegations would reveal that the dispute
is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue. In the result, this Crl.M.C. is allowed and Annexure- A1 final report submitted in crime No.535/2015 of Vidyanagar Police Station and all further proceedings in C.C No. 773/2018 on the files of the Judicial First Class Magistrate Court-II, Kasargod, against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE AP/6.10. APPENDIX OF CRL.MC 6121/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FINAL REPORT IN
C.C.NO.773/2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KASARAGOD ALONG WITH MEMO OF EVIDENCE Annexure A2 CERTIFIED COPY OF FIR IN CRIME NO.535/2015 OF VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT
Annexure A3 TRUE COPY OF AFFIDAVIT FURNISHED BY THE 3RD Annexure A4 TRUE COPY OF AFFIDAVIT FURNISHED BY THE 4TH Annexure A5 TRUE COPY OF AFFIDAVIT FURNISHED BY THE 5TH Annexure A6 TRUE COPY OF AFFIDAVIT FURNISHED BY THE 6TH