CRL.MC No. 1383/2022 (To Quash Proceedings in CC 9/2017 of Chief Judicial Magistrate Court, Kalpetta)

## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 25[TH] DAY OF MAY 2022 / 4TH JYAISHTA, 1944 CRL.MC NO. 1383 OF 2022 [TO QUASH PROCEEDINGS IN CC 9/2017 OF CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA] ## PETITIONERS: 1 ARSHAD AGED 24 YEARS MULLAMADATHIL HOUSE, THALAKKAL RIPON P.O, MUPPAINAD, WAYANAD DISTRICT, PIN - 673577 2 JISHAM AGED 25 YEARS S/O ASHRAF, PILATHOTTIL HOUSE, THAZHE ARAPATTA, MEPPADI P.O, WAYANAD DISTRICT, PIN - 673577 3 BILAL AGED 23 YEARS S/O ABDUL ASEES (WRONGLY SHOWN AS MUHAMMED IN FINAL REPORT), ACHHIPRA HOUSE KAMBALAKADU, KANIYAMBETTA, WAYANAD DISTRICT, PIN - 673121 4 MUHAMMED SHAFI AGED 25 YEARS S/O AHMMED, PANAKKA HOUSE, PADINHARA THARA P.O, WAYANAD DISTRICT, PIN - 673575 5 MUHAMMED MUSTHAFA AGED 24 YEARS S/O ALI, MANDOKKARA HOUSE PADINHARA THARA P.O, WAYANAD DISTRICT, PIN - 673575 6 ANJIN ANANDH AGED 25 YEARS S/O PREMANANDH, KAMALALAYAM, NIRMALAGIRI, THOKKILANGADI, KUTHUPARAMBU, KANNUR DISTRICT, PIN - 670701 7 SHARAFUDHEEN AGED 23 YEARS S/O SAMEER, VALLYIL (H), PARIYARAM CRL.MC No.1383/2022 2 MUTTIL, WAYANAD DISTRICT, PIN - 673122 8 MUBASHEER AGED 26 YEARS S/O HAMZA, EENTHEN HOUSE, EMILY, KALPETTA P.O, WAYANAD DISTRICT, PIN - 673121 9 VISHNU BHASKAR AGED 26 YEARS S/O BHASKARAN, AMBAYATHUKUNNU HOUSE TURKKY, KALPETTA P.O, WAYANAD DISTRICT, PIN - 673121 BY ADVS. P.VENUGOPAL FERHA AZEEZ ## RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER KALPETTA POLICE STATION KALPETTA P.O, WAYANAD DISTRICT, PIN - 673121 3 ASHIK AGED 27 YEARS S/O DASAN, KUNIYAPUTHIYEDATH HOUSE ATHOLI P.O, KOZHIKODE DISTRICT, PIN - 673315 4 SUBHILESH AGED 24 YEARS S/O SURENDRAN, PONNANKARA HOUSE VARADOOR P.O, POOTHADI WAYANAD DISTRICT, PIN - 673121 5 AVISHITH AGED 24 YEARS S/O RAGHAVAN, KARAPPURATH HOUSE, EDAPETTI, KALPETTA NORTH P.O WAYANAD DISTRICT, PIN - 673122 BY ADVS. SMT.SRUTHY S. FOR R3 TO R5. CRL.MC No.1383/2022 3 FOR R1 AND R2 BY C.S.HRITHWIK, SR. PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC No.1383/2022 4 ## ORDER The petitioners are accused Nos.1 to 9 in Crime No.679/2016 of Kalpetta Police Station which is now pending as C.C.No.9/2017 before the Chief Judicial Magistrate Court, Kalpetta. The offences alleged against the petitioners are under Sections 143,147,148,341,323,324 r/w. Section 149 of the Indian Penal Code (IPC). 2. The prosecution case is that on 20.10.2016 at 5 p.m., the petitioners have assaulted respondents 3 to 5 in connection with a dispute occurred due to political rivalry between two rival factions at the Government NMSM College, Kalpetta. Annexure-A is the F.I.R. and Annexure-B is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-B. 3. Heard Sri.P.Venugopal, the learned CRL.MC No.1383/2022 5 counsel for the petitioners, Sri. C.S.Hrithwik, the learned Public Prosecutor for 1[st] and 2[nd] respondents and Smt.Sruthy S., the learned counsel appearing for respondents 3 to 5. 4. The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has settled and to substantiate the same, Annexure-C affidavit sworn by the respondents 3 to 5 is produced. The fact of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that respondents 3 to 5 have no subsisting grievances against the petitioners herein. The respondents 3 to 5 also clearly expressed their no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the respondents 3 to 5 also confirms the aforesaid settlement and supports the prayer sought for by the CRL.MC No.1383/2022 6 petitioners herein. The veracity of the settlement has been examined by the Station House Officer concerned by contacting the respondents 3 to 5. 5. On going through the nature of allegations as contained in Annexure-B final report, it can be seen that the dispute is basically private in nature. No serious offences are attributed against the petitioners. Considering the settlement arrived at between the parties, the chances of a successful prosecution are very bleak and hence no fruitful purpose would be served if the proceedings are allowed to continue. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4)KLT 108], this is a fit case in which the powers of this Court under Section 482 Cr.P.C. can be invoked. Accordingly this Crl.M.C. is allowed. All CRL.MC No.1383/2022 7 further proceedings in C.C.No.9/2017 pending before the Chief Judicial Magistrate Court, Kalpetta pursuant to Annexure-B final report in Crime No.679/2016 of Kalpetta Police Station are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE pkk CRL.MC No.1383/2022 8 ## APPENDIX OF CRL.MC 1383/2022 PETITIONERS’ ANNEXURES Annexure A CERTIFIED COPY OF THE FIR REGISTERED BY KALPETTA POLICE IN CRIME NO:679/2016 ALONG WITH FIS Annexure B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE SECOND RESPONDENT IN CRIME NO:679/2016 OF KALPETTA POLICE STATION ALONG WITH MEMORANDUM OF EVIDENCE Annexure C AFFIDAVIT EXECUTED BY RESPONDENTS 3 TO 5 DATED 20-04-2021