Kerala High Court
Fayis vs State Of Kerala on 18 July, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 18TH DAY OF JULY 2024 / 27TH ASHADHA, 1946
CRL.MC NO. 5673 OF 2024
CRIME NO.12/2016 OF Attingal Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.764 OF 2016 OF ASSISTANT
SESSIONS COURT/ADDITIONAL SUB COURT,ATTINGAL
PETITIONERS:
1 FAYIS
AGED 28 YEARS
S/O SHAHUL HAMEED,
VATTAVILA HOUSE,
VANCHIYOOR,
MEVARKAL,
ALAMCODE VILLAGE,
ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
2 SAMEER
AGED 34 YEARS
S/O SHAMSUDHEEN,
CHARUVILA HOUSE,
MEVARKAL,
ALAMCODE VILLAGE,
ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
3 SHANAVAS
AGED 28 YEARS
S/O SHAJAHAN,
VATTAVILA HOUSE,
VANCHIYOOR, MEVARKAL,
ALAMCODE VILLAGE,
ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
4 SHAFI
AGED 32 YEARS
S/O SHAMSUDEEN,
VATTAVILA HOUSE,
VANCHIYOOR, MEVARKAL,
ALAMCODE VILLAGE,
ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
CRL.MC NO. 5673 OF 2024
2
BY ADV M.ABDUL RASHEED
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION,
ATTINGAL P O,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695541
3 MUHAMMED SHAN
AGED 27 YEARS
S/O KHALID, SHAN MANZIL,
PUTHIYATHADAM, VANCHIYOOR,
MEVARKAL DESOM,
ALAMCODE VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
ADV.A.MUHAMMED HASHIM -RESPONDENT
OTHER PRESENT:
SRI. ASHI M.C (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 18.07.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 5673 OF 2024
3
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 5673 of 2024
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Dated this the 18th day of July, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.
2. Petitioners are the accused in S.C. No. 764 of 2016 on the files of the Assistant Sessions Court, Attingal, arising out of Crime No. 12 of 2016 of Attingal Police Station, Thiruvananthapuram, registered for the offences under Sections 341, 323, 324 and 308 r/w Section 34 of the Indian Penal Code, 1860. Third respondent is the defacto complainant.
3. According to the prosecution, the accused had on 30-12-2015 restrianed the defacto complainant and assaulted him and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that CRL.MC NO. 5673 OF 2024 4 the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
7. I have perused Annexure A3 affidavit filed by the 3rd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.
8. Though the learned Public Prosecutor pointed out that the accused is involved in two offences one of which is under the CRL.MC NO. 5673 OF 2024 5 NDPS Act, I am of the view that considering the nature of the settlement arrived at between the parties and the offences committed, no purpose would be achieved by continuing the prosecution.
9. Accordingly, all proceedings against the petitioners in S.C. No. 764 of 2016 on the files of the Assistant Sessions Court, Attingal are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 5673 OF 2024 6 APPENDIX OF CRL.MC 5673/2024 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE F.I.R. IN CRIME NO.12/2016 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 1.1.2016 Annexure A2 CERTIFIED COPY OF FINAL REPORT DATED 8.4.2016 ALONG WITH MAHAZAR, WOUND CERTIFICATE, OTHER DOCUMENTS ALONG WITH AVAILABLE 161 STATEMENT OF THE WITNESSES IN S.C. NO.764/2016 ON THE FILE OF ASSISTANT SESSIONS COURT, ATTINGAL WHICH AROSE FROM CRIME NO.12/2016 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT DATED 27.6.2024