CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. ``` ``` MONDAY, THE 23[RD] DAY OF MAY 2022 / 2ND JYAISHTA, 1944 ``` ``` CRL.MC NO. 2613 OF 2022 ``` ``` LPC 42/2019 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD CRIME NO.1486/2012 OF KASARGOD POLICE STATION, KASARGOD ``` ## **`PETITIONERS/ACCUSED NOS.1 AND 2:`** ``` 1AHAMMED JASEEL @ JASEEL AGED 31 YEARS S/O. LATE ABU, PADHAR HOUSE, MOGRAL PUTHUR VILLAGE, KASARAGOD., PIN – 671124 2ABDUL LATHEEF AGED 42 YEARS S/O. ABBAS, PADINHARE HOUSE, MOGRAL PUTHUR VILLAGE, KASARAGOD : 671124 BY ADV ANN SUSAN GEORGE ``` ## **`RESPONDENT/COMPLAINANT AND STATE:`** |`1`|`ISAHAQUE`| |---|---| ||`AGED 35 YEARS`| ||`S/O. ABOOBACKER, BALLOOR HOUSE,`| ||`MOGRAL PUTHUR VILLAGE, KASARAGOD, PIN - 671124`| |`2`|`MOHAMED B.`| ||`AGED 36 YEARS`| ||`S/O. BAPPUNHI, BALLOOR HOUSE,`| ||`MOGRAL PUTHUR VILLAGE, KASARAGOD, PIN – 671124`| |`3`|`THE SUB INSPECTOR OF POLICE`| ||`KASARAGOD POLICE STATION,`| ||`KASARAGOD DISTRICT, PIN – 671121`| |`4`|`THE STATE OF KERALA`| ||`REPRESENTED BY THE PUBLIC PROSECUTOR,`| ||`HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031`| ``` 2 ``` ``` CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022 ``` ``` BY ADV. ``` ``` ADV V.JAYAPRADEEP ``` ``` ADV. RANJIT GEORGE -SR PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.05.2022, ALONG WITH Crl.MC.2618/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022 ``` ``` 3 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 23[RD] DAY OF MAY 2022 / 2ND JYAISHTA, 1944 CRL.MC NO. 2618 OF 2022 ``` ``` CC 359/2021 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD CRIME NO.1486/2012 OF KASARGOD POLICE STATION, KASARGOD ``` ## **`PETITIONER/S:`** ``` P.A. JALALUDHEEN @ JALLU AGED 35 YEARS S/O. LATE ABDULLA KUNHI, PADINARE HOUSE, MOGRAL PUTHUR VILLAGE, KASARAGOD, PIN – 671124 ``` ``` BY ADV ANN SUSAN GEORGE ``` ## **`RESPONDENT/S:`** ``` 1ISAHAQUE AGED 35 YEARS S/O. ABOOBACKER, BALLOOR HOUSE, MOGRAL PUTHUR VILLAGE, KASARAGOD., PIN – 671124 2MOHAMED B. AGED 36 YEARS S/O. BAPPUNHI, BALLOOR HOUSE, MOGRAL PUTHUR VILLAGE, KASARAGOD., PIN – 671124 3THE SUB INSPECTOR OF POLICE KASARAGOD POLICE STATION, KASARAGOD DISTRICT., PIN – 671121 4THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031 ``` ``` CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022 ``` ``` 4 ``` ``` BY ADV. ``` ``` ADV V.JAYAPRADEEP ADV. RANJIT GEORGE -SR PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.05.2022, ALONG WITH Crl.MC.2613/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 5 ``` ## **`CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022`** ## **`ORDER`** ## **`[Crl.MC Nos.2613/2022, 2618/2022]`** The petitioners are the accused Nos.2, 4 and 5 in Crime No.1486/2012 of Kasargode Police Station. Crl.M.C. 2613/2022 is filed by the accused Nos.2 and 4 and Crl.M.C. No.2618/2022 was field by the 5[th] accused. The aforesaid crime was registered on the allegation that the accused persons on 13.12.2012, formed themselves into an unlawful assembly and in furtherance of a common object attacked CWs 1 and 2 and thereby committed rioting armed with dangerous weapons. The offence registered against the accused persons are under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of Indian Penal Code. The aforesaid case was taken into file by the Chief Judicial Magistrate, Kasargode as C.C. No.333/2014. Accused Nos.1, 3 and 6 faced trial and it culminated in Annexure II judgment by which all the said accused persons were acquitted. The case against the petitioners in Crl.M.C.No.2613 was split up and refiled as C.C. No.274/2019 and case against the petitioner in Crl.M.C. No.2618/2022 was split up ``` 6 ``` ## **`CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022`** as C.C. No.505/2016. These Crl.M.C.s are filed for quashing all further proceedings against the petitioners in pursuance of the final report submitted in the aforesaid crime. 2. Heard Smt.Ann Susan George, learned counsel appearing for the petitioners in both the above Crl.M.C.s, Sri.Ranjit George, learned Public Prosecutor appearing for the State and Sri.V.Jayapradeep, learned counsel appearing for the respondents 1 and 2. 3. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties have been settled and to substantiate the same, the injured persons have filed Annexure-III and Annexure-IV affidavits respectively, which were sworn by them. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioners herein. They have also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 1[st] and 2[nd] respondents/injured persons also confirmed the same. ``` 7 ``` ## **`CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022`** The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured persons have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein. 4. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. 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 of the Code of Criminal Procedure can be invoked. Accordingly, these Crl.M.Cs. are allowed. Annexure- I final report in Crime No.1486/2012 of Kasargod Police Station and all ``` CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022 ``` ``` 8 ``` further proceedings in C.C.No.274/2019 and C.C. No.505/2016, pending before the Chief Judicial Magistrate Court, Kasargod as against the petitioners are hereby quashed. ``` Sd/- ``` ``` ZIYAD RAHMAN A.A. JUDGE ``` SCS ``` CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022 ``` ## **`9`** ## **`APPENDIX OF CRL.MC 2618/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure ITHE CERTIFIED COPY OF THE FINAL REPORT IN C. C. NO. 333 / 2014 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD, IN CRIME NO. 1486 / 2012 OF KASARAGOD POLICE STATION, KASARAGOD. ``` ``` Annexure IITHE CERTIFIED COPY OF THE JUDGMENT DATED 26.09.2019. IN C. C. NO. 333 / 2014 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. Annexure IIITHE COPY OF THE AFFIDAVIT DATED 11.02.2022. SWORN IN BY THE 1ST RESPONDENT. ``` ``` Annexure IVTHE COPY OF THE AFFIDAVIT DATED 11.02.2022. SWORN IN BY THE 2ND RESPONDENT. ``` ## **`CRL.MC NO. 2613 OF 2022 & CRL.MC NO. 2618 OF 2022`** ## **`10`** ## **`APPENDIX OF CRL.MC 2613/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure ITHE CERTIFIED COPY OF THE FINAL REPORT IN C. C. NO. 333 / 2014 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD, IN CRIME NO. 1486 / 2012 OF KASARAGOD POLICE STATION, KASARAGOD. ``` ``` Annexure IITHE CERTIFIED COPY OF THE JUDGMENT DATED 26.09.2019. IN C. C. NO. 333 / 2014 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. ``` ``` Annexure IIITHE COPY OF THE AFFIDAVIT DATED 11.02.2022. SWORN IN BY THE 1ST RESPONDENT. ``` ``` Annexure IVTHE COPY OF THE AFFIDAVIT DATED 11.02.2022. SWORN IN BY THE 2ND RESPONDENT. ```