Aneez Ahammed.T.A and others v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941** ## **Crl.MC.No.8107 OF 2019(C)** **AGAINST CC 1228/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, THRISSUR** **CRIME NO.216/2014 OF Town West Police Station, Thrissur** ## **PETITIONERS/ACCUSED NO.1 TO 17:** |**1**|**ANEEZ AHAMMED.T.A**| |---|---| ||**AGED 24 YEARS, S/O ABBAS.T.M,**| ||**THERIL HOUSE,**| ||**OLLUKARA VILLAGE,**| ||**THRISSUR TALUK,**| ||**PATTIKAD.P.O,PIN-680562.**| |**2**|**ANSARI.S,**| ||**AGED 25 YEARS, S/O SALAHUDEEN,**| ||**SANA ZMANZIL,**| ||**THAZHATHALA VILLAGE,KOLLAM TALUK,**| ||**UMAYANALLOOR, PIN-691589.**| |**3**|**MAJO.C.J,**| ||**AGED 25 YEARS, S/O JOHNY.T.C,**| ||**CHITTILAPPILLY HOUSE,**| ||**ADZAT VILLAGE,**| ||**THRISSUR TALUK, PIN-680551.**| |**4**|**RIJO DOMY,**| ||**AGED 25 YEARS, S/O DOMY KURIAKOSE,**| ||**PLACKAL HOUSE,**| ||**ENANALLOOR VILLAGE,MUVATTUPUZHA TALUK,**| ||**KAVAKKAD.P.O,PIN-686668.**| **-:2:-** Crl.M.C. 8107/19 - **5 FARSANA, AGED 27 YEARS, D/O HABEEB, ORKARISSERIL HOUSE, PATHIYUR VILLAGE,KARTHIKAPPALLI TALUK, KAYAMKULAM.P.O,PIN-690502.** - **6 ARUNASREE.K.R, AGED 25 YEARS, D/O.K.K.RAMAKRISHNAN, KODAPARMBIL HOUSE, PARAPOOKARAQ VILLAGE, MUKUNDAPURAM TALUK, PARAPPUKARA.P.O, PIN-680310.** - **7 NIDHIN.K.A, AGED 28 YEARS, S/O.K.V.ASOKAN, KATTIKUZHY VILLAGE, EDAKKUNIR VILLAGE, THRISSUR TALUK, PIN-680306.** - **8 DIJOHNS VARGHESE, AGED 25 YEARS, S/O VARGHESE V.C, VADAKKETHALA HOUSE, VELOOR VILLAGE,KUNNAMKULAM TALUK, VELOOR.P.O,PIN-680601.** - **9 SREERAJ M.D, AGED 26 YEARS,S/O DEVARAJAN, MEPPURATH HOUSE, ELAMPAZHANOOR.P.O,CHADAYAMANGALAM, KOLAM,PIN-691534.** - **10 SAYOOJ K.C, AGED 25 YEARS, S/O CHANDRAN K.C, MIDHILA, KOTTAYI 2 VILLAGE, ALATHUR TALUK, VARODE.P.O,PIN-678572.** - **11 ABIJITH K.N, AGED 24 YEARS, S/O NARAYANAN P, KAKKAMADAM HOUSE, MATHUR VILLAGE,ALATHUR TALUK, MATHUR AGRAHARAM.P.O,PIN-678571.** - **12 SHIBU DHAMODARAN, AGED 33 YEARS, S/.O DAMODARAN P.M, PALARIL HOUSE, VADAKKUMBHAGAM VILLAGE,CHALAKUDY TALUK, ASHTAMICHIRA.P.O,PIN-680731.** **-:3:-** Crl.M.C. 8107/19 **13 RIYAS E.R, AGED 23 YEARS, S/O E.K.MUHAMMED RASHEED, ERAVALAPPIL HOUSE, THRISSUR VILLAGE,THRISSUR TALUK, VELIYANNOOR, KOKKASLA.P.O,PIN-680021.** **14 MANU MOHAN, AGED 24 YEARS, S/O K.K.MOHANAN, KUMBALAKODU HOUSE, ALATHUR VILLAGE, ALATHUR TALUK, P.O.ALATHUR,PIN-678541.** **15 ZAFDHAR SHEREEF, AGED 24 YEARS,S/O.H.M.HUSSAIN SHEREEF, ROSHANI HOUSE, PIRAYIRI VILLAGE,PALAKKAD TALUK, KALLEKAD.P.O,PIN-678006. 16 HASEENA.A, AGED 28 YEARS, D/O ABDUL RAHMAN, KUNDIL HOUSE, CHENNAALAMKUNDU,VENNUR POST, ELANADU,VENNUR VILLAGE, THALAPPILLY TALUK,PIN-680587.** **17 N.S.HASNA MOL, AGED 29 YEARS, D/O SREEDHARAN, KAMPOTHU CHIRA, KODAMTHURUTH,KUTHIATHODE.P.O, CHERTHALA,PIN-688533.** **BY ADV. SMT.ARCHANA MITHRAN O.K.** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682018.** - **2 STATION HOUSE OFFICER THRISSUR TOWN WEST POLICE STATION, THRISSUR,PIN-680003.** **3 SILPA AGED 26 YEARS, D/O PARAMESWARAN NAIR, CHANGARAMKANDATHINATH VEEDU,** Crl.M.C. 8107/19 ## **-:4:-** **ARIMBOOR,NADAR.P.O,HSS ARIMBOOR, PARAKKAD VILLAGE, THRISSUR,PIN-680004.** **4 ARSHA DHARMAPALAN AGED 25 YEARS, D/O DHARMAPALAN, THAZHATHVEETTIL VEEDU, FIELD NAGAR,KOLAZHI DESOM AND VILLAGE, THRISSUR,PIN-680010.** **5 NIJI.S AGED 28 YEARS, D/O SUSEELAN, KUNNAVILA HOUSE, THETTIKULAM, VARKALA, THIRUVANANTHAPURAM,PIN-695141.** **R3-5 BY ADV. TINU JOHNSON** **SRI.SANTHOSH PETER, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **-:5:-** Crl.M.C. 8107/19 ## **ALEXANDER THOMAS, J.** **= = = = = = = = = = = = = = = = = Crl.M.C.No.8107 of 2019** **- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 18[th] day of November, 2019 ## **O R D E R** The petitioners herein have been arrayed as accused Nos.1 to 17 in Annexure-A1 FIR in Crime No.216/2014 of Thrissur Town West Police Station, Thrissur, registered for offences punishable under Secs.143, 147, 294(b), 341, 506(ii) r/w Sec.149 of the Indian Penal Code, which led to the pendency of Annexure-A2 final report in C.C.No.1228/2014 on the file of the Judicial First Class Magistrate's Court-II, Thrissur. It is stated that now the entire disputes between the petitioners herein and the respondents 3 to 5/ de facto complainants have been settled amicably and that the respondents 3 to 5 have sworn to Annexures-A3, A4 and A5 affidavits before this Court, wherein it is stated that they have settled the entire disputes with the petitioners and that they have no objection for quashment of the impugned criminal proceedings pending against Crl.M.C. 8107/19 ## **-:6:-** the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them. 2. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and _**Narinder Singh and others v. State of Punjab and anr**_ . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for Crl.M.C. 8107/19 ## **-:7:-** quashment. 3. Accordingly, it is ordered in the interest of justice that the impugned Annexure-A1 FIR in Crime No.216/2014 of Thrissur Town West Police Station, Thrissur, which led to the pendency of Annexure-A2 final report in C.C.No.1228/2014 on the file of the Judicial First Class Magistrate's Court-II, Thrissur and all further proceedings arising therefrom pending against all the accused will stand quashed. 4. The petitioners will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward a copy of this order to the Investigating Officer concerned, for necessary information. With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of. ## **Sd/-** **ALEXANDER THOMAS JUDGE** vgd Crl.M.C. 8107/19 ## **-:8:-** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.216/2014 OF THRISSUR TOWN WEST POLICE STATION,THRISSUR PENDING AS C.C.NO.1228/2014 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTII,THRISSUR. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FIR IN CRIME NO.216/2014 OF THRISSUR TOWN WEST POLICE STATION,THRISSUR PENDING AS C.C.NO.1228/2014 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTII,THRISSUR. ANNEXURE A3 COPY OF THE AFFIDAVIT SWORN TO BY THE DEFACTO COMPLAINANT ANNEXURE A4 COPY OF THE AFFIDAVIT SWORN TO BY THE DEFACTO COMPLAINANT ANNEXURE A5 COPY OF THE AFFIDAVIT SWORN TO BY THE DEFACTO COMPLAINANT.** ## **RESPONDENT'S/S' EXHIBITS:** **NIL**