Kerala High Court
Muhammed Adil U vs State Of Kerala on 17 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
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
CRL.MC NO. 4742 OF 2024
CRIME NO.644/2022 OF PANTHEERANKAVU POLICE STATION, Kozhikode
CC NO.158 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,
KOZHIKODE
PETITIONERS/ ACCUSED 1 TO 9 :
1 MUHAMMED ADIL U
AGED 21 YEARS, S/O HABEEB RAHMAN U,
NAPPURATH OORVATTIL HOUSE,
VELLIMUKKU SOUTH, TIRURANGADI, MALAPPURAM,
KERALA, PIN - 676306
2 AASIN ABDULLA SAJID
AGED 21 YEARS
S/O SAJID K P, ARAYKKAL HOUSE,
KUTTIADI, KUTTIADI P.O KOZHIKODE,
PIN - 673508
3 MUHAMMED AMAN
AGED 21 YEARS, S/O ABDUL LATHEEF K P,
KUTTIPARAMBIL, EDAKKULAM, TIRUNNAVAYA,
MALAPPURAM, PIN - 676301
4 AARON TOM MAMMEN
AGED 21 YEARS
S/O JISI THOMAS, NEITHELIL HOUSE,
MENONPOTTY, EDAKKARA, NILAMBUR,
MALAPPURAM, PIN - 679331
5 MUHAMMAD KOMATH
AGED 22 YEARS
S/O ASHRAF, KOMATH HOUSE, NADAPURAM,
KOZHIKODE, PIN - 673504
6 ASHIR BASHEER
AGED 22 YEARS
S/O BASHEER TAYAMBATH HOUSE,
NADAPURAM, KOZHIKODE, PIN - 673504
CRL.MC NO. 4742 OF 2024
2
7 MUHAMMED SHIFAN M P
AGED 22 YEARS
S/O SHAMEER, MUNDAPILAKKOOL,
NARIKKATTIRI, CHELAKKAD, NADAPURAM,
KOZHIKODE, PIN - 673506
8 MUHAMMED SINAN
AGED 21 YEARS
S/O HARIS, MEETHALE PEEDIKAYIL,
PURAMERI, TALAZHI, KOZHIKODE,
PIN - 673503
9 MUHAMMED ALIYAS BAPPU
AGED 22 YEARS, S/O UMMER GURUKKAL,
CHANGAMPALLY KIZHAKKUMPATT (H),
RANGATTOOR, NADUVATTAM, MALAPPURAM,
PIN - 679571
BY ADVS.
SABIKH MOHAMMED V.S
ADEEB SALAH V.K.
RESPONDENTS/ DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
PANTHEERANKAVU POLICE STATION KOZHIKODE,
PIN - 673019
3 SHABEEB RAHMAN P.T
AGED 22 YEARS
S/O MUJEEBRAHMAN, METHAL HOUSE,
ANTHIYOORKUNNU.P.O, KOTTAPPURAM,
MALAPPURAM DISTRICT, PIN - 673637
4 MUHAMMED UNAIS C K
AGED 23 YEARS
S/O GAFOOR, KOORITHADAYIL HOUSE,
VAZHAKKAD .P.O, MALAPPURAM DISTRICT,
PIN - 673640
CRL.MC NO. 4742 OF 2024
3
5 SIYAD E
AGED 22 YEARS, S/O ABDUL RAHMAN,
ELIMBILASSERY HOUSE, NEDUVA.P.O,
PARAPPANANGADI, MALAPPURAM DISTRICT,
PIN - 676303
6 SOURAV C P
AGED 22 YEARS, S/O MANOJ,
AISWARYA HOUSE, KULANGARAPEEDIKA.P.O,
POKKUNNU, KOZHIKODE DISTRICT,
PIN - 673 007
BY ADV FEBIN RAJ TS
BY SRI. ASHI M.C., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4742 OF 2024
4
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.4742 of 2024
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Dated this the 17th day of July, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
2. Petitioners are accused 1 to 9 in C.C. No.158 of 2023 on the files of the Judicial Magistrate of First Class-III, Kozhikode, arising out of Crime No.644 of 2022 of Pantheerankavu Police Station, Kozhikode, registered for the offences under Sections 143, 144, 147, 148, 341 and 324 r/w Section 149 of the Indian Penal Code, 1860. Respondents 3 to 6 are the defacto complainant as well as the injured witnesses.
3. According to the prosecution, the accused had on 01.12.2022 formed themselves into an unlawful assembly and assaulted the defacto complainant and the injured witnesses after restraining them 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 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 CRL.MC NO. 4742 OF 2024 5 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 Annexures A2 to A5 affidavits filed by respondents 3 to 6. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents stand 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. Accordingly, all proceedings against the petitioners in C.C. No.158 of 2023 on the files of the Judicial Magistrate of First Class-III, Kozhikode are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM CRL.MC NO. 4742 OF 2024 6 APPENDIX OF CRL.MC 4742/2024 PETITIONERS' ANNEXURES :
Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.644/2022 OF POLICE STATION OF PANTHEERANKAVU, KOZHIKODE DISTRICT WHICH IS NOW PENDING AS CC NO.158/2023 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 15.05.2024 SWORN BY THE 3RD RESPONDENT Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED 15.05.2024 SWORN BY 4TH RESPONDENT Annexure A4 THE ORIGINAL OF THE AFFIDAVIT DATED 15.05.2024 SWORN BY THE 5 TH RESPONDENT Annexure A5 THE ORIGINAL OF THE AFFIDAVIT DATED 15.05.2024 SWORN BY 6TH RESPONDENT