CRL.MC No. 274 of 2023

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 19[TH] DAY OF JANUARY 2023 / 29TH POUSHA, 1944 ``` ``` CRL.MC NO. 274 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENTSC 289/2018 OF SUB COURT / COMMERCIAL ``` ## **`COURT, MANJERI`** ``` PETITIONERS/ACCUSED 1 TO 8: ``` ``` 1ZAKARIA AGED 32 YEARS S/O. ABDUL SAKH, VALLOOTH HOUSE, , CHETHALLUR P.O., POOVATHANI, PALAKKAD DISTRICT, PIN – 678 583. 2AKSHAY AGED 29 YEARS S/O. SASEENDRAN, CHERIYAMOOPPIL HOUSE, KARINKALLATHANI, MALAPPURAM DISTRICT., PIN – 679 357. 3MUHAMMED HUSSAIN AGED 32 YEARS S/O. MUAMMEALI, PONNIYATH HOUSE, , KARINKALLATHANI, MALAPPURAM DISTRICT., PIN – 679 357. 4SHIHABUDEEN AGED 31 YEARS S/O. MUHAMMEDALI, PILAKKAL HOUSE, , KARINKALLATHANI, MALAPPURAM DISTRICT., PIN – 679 357. 5ANOOP AGED 31 YEARS S/O. THANKA, MUNDAKKATHODI HOUSE, , KARINKALLATHANI, MALAPPURAM DISTRICT, PIN – 679 357. 6YACOOB AGED 26 YEARS S/O. HAMZA, PILAKKAL HOUSE, , KARINKALLATHANI, MALAPPURAM DISTRICT, PIN – 679 357. ``` Crl.MC No. 274 of 2023 2 `7 VIJIN MOHAN @ JITHU AGED 27 YEARS S/O. MOHANAN, KIZHAKKETHIL HOUSE, , KARINKALLATHANI, MALAPPURAM DISTRICT, PIN – 679 357. 8 MUHAMMED BASHEER AGED 27 YEARS S/O. SAIDALAVI, NALAKATH HOUSE, PALODE, PALAKKAD DISTRICT, PIN – 678 583. BY ADV C.M.KAMMAPPU` ## **`RESPONDENTS/STATE,DE-FACTO COMPLAINANT & CWs 2 TO 4:`** |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY THE PUBLIC PROSECUTOR,`| ||`HIGH COURT OF KERALA, ERNAKULAM., PIN – 682 031.`| |`2`|`PRAMOD,`| ||`AGED 36 YEARS,`| ||`S/O. RAMANKUTTY,`| ||`PATTATHUKATTIL HOUSE, ATHIPATTA MANA,`| ||`CHETHALLUR P.O., MANNARKKA TALUK,`| ||`PALAKKAD DISTRICT, PIN – 678 583.`| |`3`|`GIREESH`| ||`AGED 32 YEARS`| ||`S/O. KUNHJUKUTTAN,`| ||`THAZHATHETHIL HOUSE, CHETHALLUR P.O.,`| ||`MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678 583.`| |`4`|`SATHEESH`| ||`AGED 43 YEARS`| ||`S/O. RAMANKUTTY,`| ||`KOOTTANPARA HOUSE, CHETHALLUR P.O.,`| ||`MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678 583.`| |`5`|`SANDEEP,`| ||`AGED 29 YEARS,`| ||`S/O. SOMAN,`| ||`PUTHANPURAYIL HOUSE, MAMBRA,`| ||`CHETHALLUR P.O.,MANNARKKAD TALUK,`| ||`PALAKKAD DISTRICT, PIN – 678 583.`| Crl.MC No. 274 of 2023 3 ``` BY ADVS. PUBLIC PROSECUTOR K.B.UDAYAKUMAR ``` ## **`OTHER PRESENT:`** ``` ADV SREEJA V - SR PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.MC No. 274 of 2023 4 ## **ZIYAD RAHMAN A.A, J** ## **---------------------------------------** ## **Crl.MC No.274 of 2023** ## **-------------------------------------Dated this the 19[th] day of January, 2023** ## **ORDER** The petitioners are the accused Nos.1 to 8 in Crime No.578/2017 of Perinthalmanna Police Station, which is now pending as S.C No.289/2018 on the file of Assistant Sessions Court, Manjeri. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 r/w 34 of the Indian Penal Code. Respondents No. 2 to 4 are the victim of the said crime.. 2. The allegation in the above crime in brief is that, the accused persons formed into an unlawful assembly and attacked the defacto complainant and others on 04.09.2017 at 16.00 hours. Annexure A1 is the FIR and Annexure A2 is the Final Report submitted by the police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure A2 3. Heard Sri. C.M Kammappu, learned counsel appearing for the petitioners, Smt. Sreeja V, learned Public Prosecutor for the State and Sri. K.B Udayakumar, learned counsel appearing for respondents No. 2 to 5. Crl.MC No. 274 of 2023 5 4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the defacto complainant has sworn Annexure A6. The aforesaid affidavit indicates that, the matter has been settled and the defacto complainant has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 5th respondent/defacto complainant also confirmed the same. 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 defacto complainant has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein. 5. 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 Crl.MC No. 274 of 2023 6 which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked. 6. The learned Public Prosecutor upon instructions pointed out that, the 7[th] petitioner/ 7[th] accused is involved in two other cases, namely Crime No.984/2020 of Perinthalmanna Police Station, which was registered for the offence punishable under Sections 453, 511, 363, 354A(I) (i), 323 IPC 10 r/w 9(I), 12 r/w 11 POCSO Act. Besides the same, he also involved in Crime No.32/2020 of the same Police Station, which was registered for the offences punishable under Sections 341, 326, 294(B), 323 r/w 34 of Indian Penal Code. 7. Similarly, the 6th petitioner/ 6th accused is involved in Crime No.249/2017 of Perinthalmanna Police Station, which was registered for the offence punishable under Sections 153 r/w 34 of Indian Penal Code. 8. However, on going through the records it is seen that, all the disputes between the parties have been settled. As far as the relevancy of the criminal antecedents of the 7th petitioner is concerned, I am of the view that, considering the fact that the role assigned to the said petitioner in commission of offence in this crime is limited and the main allegations are against for whom no criminal antecedence are there, I am of the view that, the powers of this Court can be invoked under Section 482 of the Code of Crl.MC No. 274 of 2023 7 Criminal Procedure and to quash the proceedings. As far as question of the involvement of the 6th petitioner in other crime is concerned, it is discernible that the allegation against him in the other case is not so severe . 9. Moreover, since I am inclined to quash the proceedings against all the other accused, no fruitful purpose will be served by allowing the continuing prosecution as against the 6th and 7th petitioners alone. Accordingly, this Crl.M.C. is allowed. Annexure A2 Final Report in Crime No.578/2017 of Perinthalmanna Police Station and all further proceedings in S.C.No.289/2019 pending before the Assistant Sessions Court, Manjeri as against the petitioners are hereby quashed. **Sd/ZIYAD RAHMAN A.A JUDGE** AMR Crl.MC No. 274 of 2023 8 ## **`APPENDIX OF CRL.MC 274/2023`** ``` PETITIONERS’ ANNEXURES Annexure1CERTIFIED COPY OF THE FIR IN CRIME NO. 578/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT. Annexure2CERTIFIED COPY OF THE FINAL REPORT IN S.C. NO. 289/2018 OF SUB COURT, MANJERI. Annexure3AFFIDAVIT DATED 15.10.2022 SWORN BY THE 2ND RESPONDENT. Annexure4AFFIDAVIT DATED 15.10.2022 SWORN BY THE 3RD RESPONDENT. Annexure5AFFIDAVIT DATED 15.10.2022 SWORN BY THE 4TH RESPONDENT. Annexure6AFFIDAVIT DATED 5.9.2022 SWORN BY THE 5TH RESPONDENT. ```