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Afsal vs State of Kerala

AFSAL vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 31, 2021
~4 min read
https://sooperkanoon.com/case/1614295

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/1338/2021

Parties & Advocates

Appellant / Petitioner

AFSAL

Respondent

State of Kerala

Excerpt

.....house, edavarad p.o., perambra, kozhikode district. 6 muhammed safvan, aged 23 years s/o.abdul salam, meethele pazhaya peedikayil house, vishnumangalam p.o., kallachi, kozhikode district. by adv. sri.k.v.winstonrespondents/state & defacto complainant/injured:1 state of kerala represented by public prosecutor, high court of kerala, ernakulam-682031, representing station house officer, perambra police station. 2 thaslim rahman, s/o.mujeeb, palakkandi house, koorachund p.o., chalidam, kozhikode district, pin-673527. 3 akshay prakash, s/o.prakash, tharikkal house, karayad p.o., meppayoor, kozhikode district, pin-673316. 4 vishnudev, s/o.chandran, vallukkandi meethali house, kavil p.o., naduvannoor, kozhikode district, pin-673614. r2-4 by adv. sri.k.aboobacker sidheequeothers present sr. pp t r ranjit this criminal misc. case having been finally heard on 31.03.2021, the court on the same day passed the following:orderdated this the 31st day of march 2021 petitioners are the accused in crime no.599/2019 of the perambra police station, registered for offences punishable under sections 143, 147, 148, 341, 323, 324, 506 & 308 read with section 149 of i.p.c, now pending as c.p.no.17/2020 on the files of judicial first class magistrate court-i, perambra. the de facto complainant, at whose instance the crime was registered, and the other injured persons are arrayed as respondent nos. 2 to 4 respectively. they have filed annexure-a2 to a4 affidavits, stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and they have no subsisting grievance against the petitioners.2. heard the learned public prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.3. having considered the gravity of the offencesalleged, nature of the injury caused and having perused the affidavits filed by respondent nos. 2 to 4, the contents of which are submitted to be true and.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 Crl.MC.No.1338 OF 2021(F) AGAINST THE ORDER/JUDGMENT IN CP 17/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS,PERAMBRA CRIME NO.599/2019 OF PERAMBRA POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED NOS. 1 TO 6:

1 AFSAL AGED 24 YEARS S/O.ASHARAF, CHENNILOT HOUSE, VELAM P.O., PERUVAYAL, KOZHIKODE DISTRICT. 2 MUHAMMED SHAMIL, S/O.ASHARAF, KOOMULLA PARAMBIL HOUSE, PAITHOTH, PERAMBRA P.O., KOZHIKODE DISTRICT. 3 ADHIL, S/O.BASHEER, KUZHICHALILL HOUSE, CHERUVANNOR P.O., MEPPAYOOR, KOZHIKODE DISTRICT. 4 MUHAMMED K., S/O.NOUSHAD KOYA, KOYA HOUSE, VELLAMUNDA P.O., WAYANAD DISTRICT. 5 DILSHAD MUHAMMED, S/O.AHAMMED, NADUMOOLAYIL HOUSE, EDAVARAD P.O., PERAMBRA, KOZHIKODE DISTRICT. 6 MUHAMMED SAFVAN, AGED 23 YEARS S/O.ABDUL SALAM, MEETHELE PAZHAYA PEEDIKAYIL HOUSE, VISHNUMANGALAM P.O., KALLACHI, KOZHIKODE DISTRICT. BY ADV. SRI.K.V.WINSTON

RESPONDENTS/STATE & DEFACTO COMPLAINANT/INJURED:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, REPRESENTING STATION HOUSE OFFICER, PERAMBRA POLICE STATION. 2 THASLIM RAHMAN, S/O.MUJEEB, PALAKKANDI HOUSE, KOORACHUND P.O., CHALIDAM, KOZHIKODE DISTRICT, PIN-673527. 3 AKSHAY PRAKASH, S/O.PRAKASH, THARIKKAL HOUSE, KARAYAD P.O., MEPPAYOOR, KOZHIKODE DISTRICT, PIN-673316. 4 VISHNUDEV, S/O.CHANDRAN, VALLUKKANDI MEETHALI HOUSE, KAVIL P.O., NADUVANNOOR, KOZHIKODE DISTRICT, PIN-673614. R2-4 BY ADV. SRI.K.ABOOBACKER SIDHEEQUE

OTHERS PRESENT SR. PP T R RANJIT THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 31st day of March 2021 Petitioners are the accused in Crime No.599/2019 of the Perambra Police Station, registered for offences punishable under Sections 143, 147, 148, 341, 323, 324, 506 & 308 read with Section 149 of I.P.C, now pending as C.P.No.17/2020 on the files of Judicial First Class Magistrate Court-I, Perambra. The de facto complainant, at whose instance the crime was registered, and the other injured persons are arrayed as respondent Nos. 2 to 4 respectively. They have filed Annexure-A2 to A4 affidavits, stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and they have no subsisting grievance against the petitioners.

2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the affidavits filed by respondent Nos. 2 to 4, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. The petitioners and the defacto complainant/injured were students when the incident occurred is also taken into consideration. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought. In the result, this Crl.M.C is allowed. Further proceedings in C.P.No.17/2020 on the files of

Judicial First Class Magistrate Court-I, Perambra arising out of Crime No.559/2019 of Perambra Police Station is quashed. Sd/- V.G.ARUN JUDGE NB/31.03.2021 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NUMBER 599/2019 OF THE PERAMBRA POLICE STATION.

ANNEXURE A2                ORIGINAL OF THE AFFIDAVIT GIVEN BY THE 2ND
ANNEXURE A3                ORIGINAL OF THE AFFIDAVIT GIVEN BY THE 3RD
ANNEXURE A4                ORIGINAL OF THE AFFIDAVIT GIVEN BY THE 4TH

RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE

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