Kerala High Court
Kunhabdulla vs State Of Kerala on 16 March, 2022
Author: K.Haripal
Bench: K.Haripal
Crl.M.C.6013/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
CRL.MC NO. 6013 OF 2021
SC 873/2019 OF ASSISTANT SESSIONS COURT, VATAKARA
PETITIONERS/ACCUSED 2 AND 4:
1 KUNHABDULLA
AGED 55 YEARS
S/O. KUNHAMMED, PUTHANPURAYIL HOUSE, ELAYIDAM, PURAMERI,
KOZHIKODE DISTRICT.
2 RIYAS
AGED 46 YEARS
S/O. KUNHAMMED, PUTHANPURAYIL HOUSE, ELAYIDAM, PURAMERI,
KOZHIKODE DISTRICT.
BY ADVS.
P.V.ANOOP
K.V.SREERAJ
PHIJO PRADEESH PHILIP
M.P.PRIYESHKUMAR
RESPONDENT/STATE/DEFACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM KOCHI 682 031
2 KRISHNAN
AGED 55 YEARS
S/O. POKKAN, CHERIYA KANDIYIL HOUSE, AROOR (PO) KOZHIKODE
DISTRICT, PIN 673 507
3 RAGESH
AGED 23 YEARS
S/O. RAJAN, NADUKKANDIYIL HOUSE, AROOR P.O, KOZHIKODE
DISTRICT, PIN 673 507
Crl.M.C.6013/21 2
4 SANOOP
AGED 28 YEARS
S/O. ASHOKAN, KUYYALIL HOUSE, AROOR P.O, KOZHIKODE
DISTRICT, PIN 673 507
OTHER PRESENT:
SR.PP.-C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.6013/21 3
O R D E R
Petitioners are accused Nos. 2 and 4 in S.C. 873 of 2019 on the file of the Assistant Sessions Court, Vatakara, which arose from the final report in crime 143/2011 of Nadapuram police station, Kozhikode. The precise allegation is that on 11.03.2011 at 11:30 hours the accused persons, along with others, had formed themselves into an unlawful assembly and, in prosecution of their common object, assaulted and injured respondents 2 to 4 with deadly weapons like iron rod, sword etc. and caused them injuries. On conclusion of Investigation charge sheet has been laid alleging offence under Sections 143, 147, 148, 294(b), 324 and 308 read with 149 IPC. Petitioners are accused Nos.2 and 4 in the said crime. Altogether there are four accused in the charge sheet. Accused Nos.1 and 3 have already faced trial and both of them were acquitted under Section 232 of the Cr.P.C. by judgment in S.C. 676/2011 dated 06.08.2019. At that time the petitioners were absconding. Now on the premise that the co-accused has been acquitted and that the petitioners have settled the matter with the party respondents, entire proceedings in S.C.873/2019 are sought to be quashed.
2. I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor, who has confirmed the settlement reached between Crl.M.C.6013/21 4 the parties.
3. As noted earlier, the case is based on the incident that had happened on 11.03.2011 and the 3rd accused had already faced trial and was acquitted under Section 232 of the Cr.P.C. The case against the 1 st accused stands abated. For Annexure-C, the party respondents as well as another independent witness were examined as PWs.1 to 4 and all of them have turned hostile to the prosecution and thus the trial was abruptly closed without examining the remaining witnesses and the 3 rd accused was acquitted. Added to that, now the party respondents in their affidavits, Annexures-D, E and F, have stated in unambiguous terms that the matter has been talked over in the presence of mediators and they are not interested in proceeding with the case.
4. It does not seem that the party respondents had sustained serious injuries in the incident. The matter stands settled. Therefore, in the absence of any public interest, entire proceedings in S.C.873/2019 on the file of the Assistant Sessions Court, Vatakara are quashed and the petitioners shall stand exonerated.
The Criminal M.C. is allowed as above.
Sd/-
K.HARIPAL
JUDGE
okb/16.3.22 //True copy// P.S. to Judge
Crl.M.C.6013/21 5
APPENDIX OF CRL.MC 6013/2021
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE FIR IN CRIME NO.
143/2011 OF NADAPURAM POLICE STATION,
KOZHIKODE
Annexure B CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 143/2011 WHICH IS NOW PENDING AGAINST THE PETITIONERS AS SC NO. 873/2019 ON THE FILE OF THE ASSISTANT SESSIONS JUDGE, VADAKARA Annexure C CERTIFIED COPY OF THE JUDGMENT IN SC NO.
676/2011 DATED 6-08-2019 ON THE FILE OF ASSISTANT SESSIONS JUDGE, VADAKARA.
Annexure D AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 25-09-2021 Annexure E AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 25-09-2021 Annexure F AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 25-09-2021