Kerala High Court
Muhammed Zakkaria @ Jekki vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:68239
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 6587 OF 2024
CRIME NO.356/2013 OF MANJESWAR POLICE STATION, KASARGOD
PETITIONERS/ACCUSED NOS.1 TO 6:
1 MUHAMMED ZAKKARIA @JEKKI
AGED 37 YEARS
S/O ABDULLA, RIFA MANZIL, MULIGADHE, BAYAR VILLAGE,
MANJESHWARAM TALUK, KASARGOD DIST, PIN - 671348
2 MUHAMMED SUBAIR
AGED 35 YEARS
S/O ABDULRAHIMAN, PONNANGLA HOUSE, BAYAR VILLAGE,
MANJESHWARAM TALUK, KASARGOD DIST, PIN - 671348
3 ABDUL SATHAR
AGED 38 YEARS
S/O MUHAMMED, NEDUMOOLA HOUSE, BERIPPADAVU, BELLUR,
BAYYAR VILLAGE, MANJESHWARAM TALUK, KASARGODE DISTRICT,
PIN - 671348
4 ABDUL GAFOOR
AGED 36 YEARS
S/O MUHAMMED, NADUMOOLA HOUSE, BERIPPADAVU, BELLUR,
BAYYAR VILLAGE, MANJESHWARAM TALUK, KASARGODE DISTRICT,
PIN - 671348
5 MUSTHAFA
AGED 39 YEARS
S/O ABDULLA, RIFA MANZIL, MULIGADHE, BAYAR VILLAGE,
MANJESHWARAM TALUK, KASARGOD DIST, PIN - 671348
6 IBRAHIM @ PUTHU
AGED 47 YEARS
S/O MOIDEEN KUNHI, BAITHUR KAISAR,BERIPPADAVU, KOJAMBE
BAYYAR VILLAGE, MANJESHWARAM TALUK, KASARGODE DISTRICT,
PIN - 671348
BY ADV SOJAN MICHEAL
Crl.M.C. No.6587 of 2024 2
2024:KER:68239
RESPONDENTS/STATE & DEFACTO COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 HAMZA ISMAIL P
AGED 36 YEARS
S/O. ISMAIL, REHMATH MANZIL HOUSE, PERVADI, BAYAR
VILLAGE, KASARGODE DISTRICT, PIN - 671348
BY ADVS.
SRI. ANTONY ROBERT DIAS
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.6587 of 2024 3
2024:KER:68239
BECHU KURIAN THOMAS, J
.............................................
Crl.M.C. No.6587 of 2024
.......................................................
Dated this the 6th day of September, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, to quash all proceedings against him.
2. Petitioners are accused Nos.1 to 6 in Crime No.356/2013 of Manjeswar Police Station, Kasargod, registered for the offences punishable under Sections 143, 146, 148, 341, 324, 308 and 326 read with Section 34 of the Indian Penal Code, 1860. The second respondent is the de facto complainant.
3. According to the prosecution, the accused had on 30.08.2013, formed themselves into an unlawful assembly, and assaulted the de facto complainant, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Crl.M.C. No.6587 of 2024 4 2024:KER:68239 Prosecutor.
5. The learned counsel for the petitioners submitted that 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-2 affidavit filed by the second respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the de facto 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 Crl.M.C. No.6587 of 2024 5 2024:KER:68239 continuance of the proceedings will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioners in Crime No.356/2013 of Manjeswar Police Station, Kasargod, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE AJ Crl.M.C. No.6587 of 2024 6 2024:KER:68239 APPENDIX OF CRL.MC 6587/2024 PETITIONER ANNEXURES ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT DATED 27.08.2014 IN CRIME NO: 356/2013 OF MANJESHWAR POLICE STATION ANNEXURE 2 AFFIDAVIT DATED 24.07.2024 SWORN BY THE 2ND RESPONDENT