Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL MONDAY, THE 31ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943 CRL.MC NO. 5488 OF 2021 CC 383/2018 OF MUNSIFF - MAGISTRATE COURT, MANNARKAD PETITIONERS/ACCUSED 1 TO 4: 1 ARSHAD, AGED 26 YEARS S/O.MAJEED, AGINELLI HOUSE, 2 JAMSHAD, AGED 25 YEARS S/O.MAJEED, AGINELLI HOUSE, 3 MUHAMMED ASHARAF, AGED 29 YEARS S/O.MUHAMMEDALI, ERERATH HOUSE, 4 MUHAMMED NISHAD, AGED 28 YEARS S/O.ASSAINAR, KARUVATHINGAL HOUSE, BY ADVS.SAIJO HASSAN BENOJ C AUGUSTIN RAFEEK. V.K. U.M.HASSAN P.PARVATHY RESPONDENTS/STATE & DE-FACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 018. 2 THE SUB INSPECTOR OF POLICE, MANNARKAD POLICE STATION, Crl.M.C.No.5488 OF 2021 2 MANNARKAD P.O., PALAKKAD-678 582. 3 ANAS, AGED 22 YEARS S/O.HAMSA, AYALKKARA HOUSE, PALLIKKUNNU P.O., MANNARKAD TALUK, KUMARAMPUTHOOR, R1 & R2 BY SMT. SREEJA V., SENIOR PUBLIC PROSECUTOR R3 BY ADV. P.K.ANTONY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.5488 OF 2021 3
ORDER
This is a petition filed under Section 482 of the Code of Criminal Procedure, seeking to quash the entire proceedings in C.C. No.383/2018 on the file of the Munsiff - Magistrate Court, Mannarkkad where offences under Sections 341, 323, 324, 506 read with 34 of the Indian Penal Code are alleged against the petitioners who are the accused four in number. Crime No. 178/2018 of Mannarkkad police station was registered on 24.02.2018 on the strength of the First Information Statement furnished by the third respondent alleging the above stated offences. It is alleged that on 23.02.2018 at 19.45 hours, the accused persons, in furtherance of their common intention, wrongfully restrained the third respondent on the public road in front of the Muslim League party office at South Pallikkunnu and assaulted and injured him. The first petitioner had assailed him with an iron stick, exhorting to kill, hit him behind the head with the key of a bike. Then the second petitioner hit him with a stone and the third petitioner slapped on his cheek and other petitioners also
Crl.M.C.No.5488 OF 2021 4 assaulted him and thus, all have shared the common intention. Now the petitioners say that the matter is settled. Therefore, entire proceedings are sought to be quashed.
2. I heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.
3. The learned Senior Public Prosecutor has submitted
that even though the third respondent is now in Persian Gulf, has communicated through e-mail that the case is settled and therefore, prosecution has no objection in quashing the proceedings. Annexure A2 affidavit of the third respondent also indicate that he has no subsisting grievance against the petitioners; he has gone to the extent of denying the entire incident and that he is not interested in continuing the proceedings.
4. The wound certificate shows that he had suffered a
lacerated wound 2 x 1 cm over the scalp - occipital region left and contusion on the left scapular region and had been in Mother Care hospital for one day. That means, the injuries sustained by the third respondent were minor in nature. He has Crl.M.C.No.5488 OF 2021 5 stated in clear terms that he has no objection in quashing the proceedings.
5. Therefore, entire proceedings in C.C. No. 383/2018
pending on the file of the Munsiff-Magistrate's Court, Mannarkkad are quashed and the petitioners shall stand exonerated. The Crl. M.C. is allowed as above. Sd/- K.HARIPAL JUDGE DCS/31.01.2022 Crl.M.C.No.5488 OF 2021 6 APPENDIX PETITIONER ANNEXURES:- ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CC NO.383/2018 ON THE FILES OF MUNSIFF MAGISTRATE COURT, MANNARKKAD, PALAKKAD DISTRICT. ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FURNISHED BY THE 3RD RESPONDENT.