Kerala High Court
Junaid P.P vs The Sub Inspector Of Police on 15 October, 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
THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942
Crl.MC.No.4319 OF 2020(H)
CC 969/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VADAKARA
CRIME NO.250/2016 OF CHOMBALA POLICE STATION , Kozhikode
PETITIONER/S:
1 JUNAID P.P.
AGED 24 YEARS
PALE PUTHIYOTTIL HOUSE, KUMAMKOD, NADAPURAM,
CHOMBALA, KOZHIKODE 673 308.
2 MUHAMMED RASHID,
AGED 24 YEARS
CHALIYOTT HOUSE, KUNINGAD, COMBALA, KOZHIKODE
673 308.
3 SHIHABUDDIN,
AGED 24 YEARS
VADAKKEDATH HOUSE, EDACHERY, CHOMBALA,
KOZHIKODE 673 308.
4 SIDDIQUE RASHEED,
AGED 24 YEARS
VANIKKANDY HOUSE, NADERY P.O. CHOMBALA,
KOZHIKODE 673 308.
5 HABEEB RAHMAN,
AGED 20 YEARS
MEMANIYIL MERETHATL HOUSE, CHERIYA KUMBALAM
PALERY, CHOMBALA, KOZHIKODE 673 308.
6 AASIF.M.P.,
AGED 24 YEARS
MEETHALE PUTHEN PURAYIL HOUSE, VILLIAPPALLY
P.O. CHOMBALA, KOZHIKODE 6783 308.
7 MUHAMMED RINAS.T.,
AGED 24 YEARS
Crl.M.C.No.4319 of 2020
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THAZHE ILLATH HOUSE, KALLAD, ADUKKATH,
CHOMBALA, KOZHIKODE 673 308.
8 MUHAMMED IRSHAD,
AGED 24 YEARS
KIZHAKKE CHALIL HOUSE, KOOTHALI P.O. CHOMBALA,
KOZHIKODE 673 308.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT/S:
1 THE SUB INSPECTOR OF POLICE
CHOMBALA POLICE STATION, KOZHIKODE DISTRICT 673
308.
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM 682 031.
3 ABINANDH,
AGED 29 YEARS
S/O. RAMESAN, MANAYIL VALAPPIL, MOODADI NORTH,
KOYILANDY, KOZHIKODE 673 305.
4 SONU SADANANDAN,
AGED 23 YEARS
S/O. SADANANDAN, CHORIYAMCHAL, KIZHAKKE
THARAMMAL , AYANIKKAD P.O. PAYYOLI, KOZHIKODE
673 521.
5 ATHUL LAL,
AGED 23 YEARS
S/O. AJITH KUMAR,
MANATHANATH, KUNINGAD, PURAMERI, VADAKARA,
KOZHIKODE 673 101.
6 ANANTHU,
AGED 22 YEARS
S/O. BABU, PUTHUKKUDY, NADERI P.O. KOYILANDY,
KOZHIKODE 673 620.
Crl.M.C.No.4319 of 2020
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7 ATHUL,
AGED 23 YEARS
S/O. GOPALAKRISHNAN, PILAKKATTU, CHERUVANNUR
P.O. MEPPAYUR, KOZHIKODE 673 524.
R3-7 BY ADV. SRI.CIBI THOMAS
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 15.10.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.4319 of 2020
4
ORDER
Dated this the 15th day of October, 2020 Petitioners are the accused in Crime No.250 of 2016 registered at the Chombala Police Station for offences punishable under Sections 143, 147, 341, 323, 324 and 506(i) r/w 149 of IPC, now pending as C.C.No.969 of 2016 on the files of the Judicial First Class Magistrate Court, Vadakara. The de facto complainant at whose instance the crime was registered and the other persons injured in the incident are arrayed as respondents 3 to 7. Annexures II to VI affidavits have been filed by the said respondents stating that the dispute which had resulted in the incident and registration of the crime has been resolved amicably and they have no subsisting grievance in the matter.
2. Heard the learned Public Prosecutor also, Crl.M.C.No.4319 of 2020 5 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 respondents 3 to 7, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. The fact that the petitioners and respondents 3 and 4 were students at the time of occurrence 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 Crl.M.C.No.4319 of 2020 6 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. The proceedings in C.C.No.969 of 2016 on the files of the Judicial First Class Magistrate Court, Vadakara, is quashed.
sd/-
V.G.ARUN JUDGE Scl/15.10.2020 Crl.M.C.No.4319 of 2020 7 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT AND FINAL REPORT IN C.C. NO. 969/2016 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA.
ANNEXURE II ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 18.9.2020.
ANNEXURE III ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT DATED 18.9.2020.
ANNEXURE IV ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT DATED 18.9.2020.
ANNEXURE V ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 6TH RESPONDENT DATED 18.9.2020.
ANNEXURE VI ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 7TH RESPONDENT DATED 18.9.2020.