Nousheed vs the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1810484
CourtKerala High Court
Decided OnOct-30-2020
Case NumberCrl.MC/4522/2020
JudgeHonourable Mr.Justice V.G.Arun
AppellantNousheed
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice v.g.arun friday, the 30th day of october 2020 / 8th karthika, 1942 crl.mc.no.4522 of 2020(e) against the order in cc 420/2018 of chief judicial magistrate , kalepetta crime no.320/2018 of kalpetta police station , wayanad petitioner/accused:1 nousheed aged 40 years s/o. muhammedkutty, kavungal house, kalpetta, wayanad district, 2 mohammedkutty aged 54 years s/o. baoobacker, kummali house, emily, kalpetta, wayanad district, 3 biju s aged 35 years s/o. madhavan nair, arungraham house, morikapu p o, kalpetta, wayanad district, 4 sudheer k aged 44 years s/o.muhammed, karuvadan house, korikappu p o, kalpetta, wayanad district. 5 siraj aged 40 years s/o. alikoya, kainikkal house, byepass, kalpetta, wayanad district, by adv. sri.k.rakeshrespondent/state and de facto complainant: 1 the state of kerala represented by the public prosecutor, high court of kerala, ernakulam, kochi - 682031. 2 the station house officer kalpetta police station, wayanad district, pin - 673121. crl.mc.no.4522 of 2020(e) ..2.. 3 muhammed bhasidh aged 26 years s/o. abdul shereef, pathayakodan house, kalpetta, wayanad district, pin - 673121. r3 by adv. k.s.praveen other present: sr.pp.amjad ali this criminal misc. case having come up for admission on 30.10.2020, the court on the same day passed the following: crl.mc.no.4522 of 2020(e) ..3..orderdated this the 30th day of october 2020petitioners are the accused in crime no.320/2018 registered at the kalpetta police station for offences punishable under sections 143, 147, 148, 341, 506, 323 and 324 r/w 149 of ipc, now pending as c.c.no.420/2018 on the file of the chief judicial magistrate court, kalpetta. the de facto complainant, at whose instance the crime was registered, is arrayed as the 3rd respondent. annexure-c affidavit has been filed by 3rd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners.crl.mc.no.4522 of 2020(e) ..4..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 affidavit filed by the 3rd respondent, 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. 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 iscrl.mc.no.4522 of 2020(e) ..5.. no impediment in granting the relief sought. in the result, this crl.m.c is allowed. the proceedings in c.c.no.420/2018 on the file of the chief judicial magistrate court, kalpetta is quashed. sd/- v.g.arun sb/30/10/2020 judge crl.mc.no.4522 of 2020(e) ..6.. appendix petitioners exts. annexure-a true copy of the fir crime no. 320/2018 of the kalpetta police station dtd. 21.6.2018 annexure-b true copy of the memorandum of evidence and charge in crime no.320/2018 of the kalpetta police station. annexure-c affidavit sworn to by the 3rd responden. //true copy// p.a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 Crl.MC.No.4522 OF 2020(E) AGAINST THE ORDER IN CC 420/2018 OF CHIEF JUDICIAL MAGISTRATE , KALEPETTA CRIME NO.320/2018 OF Kalpetta Police Station , Wayanad PETITIONER/ACCUSED:

1 NOUSHEED AGED 40 YEARS S/O. MUHAMMEDKUTTY, KAVUNGAL HOUSE, KALPETTA, WAYANAD DISTRICT, 2 MOHAMMEDKUTTY AGED 54 YEARS S/O. BAOOBACKER, KUMMALI HOUSE, EMILY, KALPETTA, WAYANAD DISTRICT, 3 BIJU S AGED 35 YEARS S/O. MADHAVAN NAIR, ARUNGRAHAM HOUSE, MORIKAPU P O, KALPETTA, WAYANAD DISTRICT, 4 SUDHEER K AGED 44 YEARS S/O.MUHAMMED, KARUVADAN HOUSE, KORIKAPPU P O, KALPETTA, WAYANAD DISTRICT. 5 SIRAJ AGED 40 YEARS S/O. ALIKOYA, KAINIKKAL HOUSE, BYEPASS, KALPETTA, WAYANAD DISTRICT, BY ADV. SRI.K.RAKESH

RESPONDENT/STATE AND DE FACTO COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031. 2 THE STATION HOUSE OFFICER KALPETTA POLICE STATION, WAYANAD DISTRICT, PIN - 673121. Crl.MC.No.4522 OF 2020(E) ..2.. 3 MUHAMMED BHASIDH AGED 26 YEARS S/O. ABDUL SHEREEF, PATHAYAKODAN HOUSE, KALPETTA, WAYANAD DISTRICT, PIN - 673121. R3 BY ADV. K.S.PRAVEEN OTHER PRESENT: SR.PP.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.4522 OF 2020(E) ..3..

ORDER

Dated this the 30th day of October 2020

Petitioners are the accused in Crime No.320/2018 registered at the Kalpetta Police Station for offences punishable under Sections 143, 147, 148, 341, 506, 323 and 324 r/w 149 of IPC, now pending as C.C.No.420/2018 on the file of the Chief Judicial Magistrate Court, Kalpetta. The de facto complainant, at whose instance the crime was registered, is arrayed as the 3rd respondent. Annexure-C affidavit has been filed by 3rd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners.

Crl.MC.No.4522 OF 2020(E) ..4..

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 affidavit filed by the 3rd respondent, 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. 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

Crl.MC.No.4522 OF 2020(E) ..5.. no impediment in granting the relief sought. In the result, this Crl.M.C is allowed. The proceedings in C.C.No.420/2018 on the file of the Chief Judicial Magistrate Court, Kalpetta is quashed. Sd/- V.G.ARUN SB/30/10/2020 JUDGE Crl.MC.No.4522 OF 2020(E) ..6.. APPENDIX PETITIONERS EXTS. ANNEXURE-A TRUE COPY OF THE FIR CRIME NO. 320/2018 OF THE KALPETTA POLICE STATION DTD. 21.6.2018 ANNEXURE-B TRUE COPY OF THE MEMORANDUM OF EVIDENCE AND CHARGE IN CRIME NO.320/2018 OF THE KALPETTA POLICE STATION. ANNEXURE-C AFFIDAVIT SWORN TO BY THE 3RD RESPONDEN. //true copy// P.A to Judge