Kerala High Court
Mooza @ Kunhimoosa vs State Of Kerala on 7 December, 2020
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942
Crl.MC.No.4826 OF 2020(C)
AGAINST THE JUDGMENT IN CC 473/2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,NADAPURAM
CRIME NO.84/2017 OF Valayam Police Station , Kozhikode
PETITIONER/ACCUSED 1 TO 5:
1 MOOZA @ KUNHIMOOSA
AGED 24 YEARS
S/O. SULAIMAN, VADAKKEDATH HOUSE, MUTHUVADATHUR P.O,
PURAMERI, VADAKARA TALUK 673 503
2 MUBASHIR A,
AGED 23 YEARS
S/O. AMMAD HAJI, ARINGATTIL HOUSE, PULIYAVU P.O, VIA
KALLACHI, VADAKARA TALUK 673 509
3 JUNAID K.K,
AGED 23 YEARS
S/O. UBAIDULLA, KOZHIKODAN KANDI HOUSE, NARIPATTA
P.O, VIA KALLACHI, VADAKARA TALUK, 673 506
4 NADHIR T,
AGED 23 YEARS
S/O. ABDUL NAZAR, THATTANTAVIDA HOUSE, ERAMALA P.O,
VADAKARA TALUK 673 501
5 MUHAMMADALI,
AGED 23 YEARS
S/O. ISMAIL, ELAMADATHIL HOUSE, CHERUMOTH P.O,
VADAKARA TALUK, 673 517
BY ADV. SRI.SHANAVAS NALAKATH RANDUPURAYIL
RESPONDENT/STATE AND DE FACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY SI OF POLICE, VALAYAM POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031
2 NEENU K.M.,
AGED 30 YEARS
Crl.MC.No.4826 OF 2020(C) ..2..
D/O. PRAKASAN, KOYILOTH METHAL HOUSE, P.O MEPPAYIL,
VATAKARA, VATAKARA TALUK, KOZHIKODE
3 RAHUL RAJ
AGED 28 YEARS
S/O. RAJAN, RAVEERAM HOUSE, KAYAPPANICHI P.O
IRINGANNUR, VATAKARA TALUK, KOZHIKODE.
R2-3 BY ADV. MUHAMMED ASIF ABDULLA
OTHER PRESENT:
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4826 OF 2020(C) ..3..
ORDER
Dated this the 7th day of December 2020 Petitioners are the accused in Crime No.84/2017 registered at the Valayam Police Station for offences punishable under Sections 143, 147, 342, 323 and 354 r/w 149 of IPC, now pending as C.C.No.473 of 2017 on the files of the Judicial First Class Magistrate Court, Nadapuram. The de facto complainant and the other person injured are arrayed as respondents 2 and 3. Annexures-A5 and A6 affidavits have been filed by the said respondents 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. Crl.MC.No.4826 OF 2020(C) ..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 affidavits filed by respondents 2 and 3, 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.4826 OF 2020(C) ..5..
no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.473 of 2017 on the files of the Judicial First Class Magistrate Court, Nadapuram is quashed.
Sd/-
V.G.ARUN
SB/07/12/2020 JUDGE
Crl.MC.No.4826 OF 2020(C) ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXUREA1 A CERTIFIED COPY OF FIR AND FIS IN
CRIME NO. 84/2017, DATD 22-02-2017 OF VALAYAM POLICE STATION, KOZHIKODE ANNEXURE A2 CERTIFIED COPY OF THE FAINAL REPORT SUBMITTED BY VALAYAM IN CRIME NO.
84/2017 VALAYAM POLICE STATION, KOZHIKODE ANNEXURE A3 CERTIFIED COPY OF THE WOUND CERTIFICATE F RESPONDENT NO. 2 ANNEXURE A4 CERTIFIED COPY OF THE WOUND CERTIFICATE OF RESPONDENT NO. 3 ANNEXURE A5 THE NOTARIZED AFFIDAVIT DISPOSED BY THE RESPONDENT NO. 2 ANNEXURE A6 THE NOTARIZED AFFIDAVIT DEPOSED BY THE RESPONDENT NO. 3 //true copy// P.A to Judge