CRL.MC No. 4339 of 2022

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. ``` ``` MONDAY, THE 11[TH] DAY OF JULY 2022 / 20TH ASHADHA, 1944 ``` ``` CRL.MC NO. 4339 OF 2022 ``` ``` SC 32/2019 OF DISTRICT COURT & SESSIONS COURT,MANJERI CRIME NO.453/2017 OF MANJERI POLICE STATION, MALAPPURAM ``` ## **`PETITIONERS/ACCUSED 1 TO 11:`** - `1 YASHIQ NAIZAM P AGED 36 YEARS, S/O. ABDUL AZEEZ, MECHERI PARAMBIL HOUSE, THURAKKAL, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121` ``` 2SUHAIL K AGED 25 YEARS, S/O. ABOOBACKER, KURIYANGHAL HOUSE, THURAKKAL, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121 ``` - `3 MUHAMMED IQBAL V.P AGED 33 YEARS, S/O. MUHAMMEDALI, VDAKKANGARA PARAMBIL HOUSE, PAYYANAD P.O, MALAPPURAM DISTRICT., PIN – 676122` - `4 SHABEERALI N.K @ KOCHU AGED 35 YEARS, S/O. ABDUL LATHEEF, NADUVILE KALATHIL HOUSE, NARUKARA P.O, THADATHIPARAMBA, MANJERI, MALAPPURAM DISTRICT., PIN – 676122` - `5 HATHIF BABU AGED 25 YEARS, S/O. MOHAMMED ASHRAF, MECHERI HOUSE, THURAKKAL, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121` - `6 K.MOHAMMEDALI @ K.K.B AGED 46 YEARS, S/O. ABU HAJI KAKKENGAL HOUSE, THURAKKAL, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121` - `7 JAISAL K.N AGED 38 YEARS, S/O. ALIPPA, KARASSERI HOUSE, KANJIRATTUKUNNU, THURAKKAL, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121` ``` CRL.MC NO. 4339 OF 2022 ``` ``` 2 ``` - `8 SHAJAHAN KINNATTINGAL AGED 30 YEARS, S/O. GAFOOR, KOTHLATHIL HOUSE, NARUKARA P.O, MANJERI, MALAPPURAM DISTRICT., PIN – 676122` - `9 SAJARUDHEEN MOIDU AGED 41 YEARS, S/O. SAINUDHEEN, VILAKKUMADATHIL HOUSE, MANJERI COLLEGE P.O, MANJERI, MALAPPURAM DISTRICT., PIN – 676122` - `10 ABDUL SHUKKOOR C.K AGED 40 YEARS, S/O. ABDULLA, CHERUKADU HOUSE, THURAKKAL, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121` ``` 11SIRAJUDHEEN AGED 38 YEARS, S/O. MOHAMMED, PUTHUSSERI HOUSE, THURAKKAL, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121 ``` ``` BY ADV K.ABOOBACKER SIDHEEQUE ``` ## **`RESPONDENT/STATE & DEFACTO COMPLAINANT/INJURED:`** - `1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031` - `2 BABU RAHIMAN M AGED 29 YEARS, S/O. ABDUL HAMEED, MADAYI HOUSE, ERIYAD, KOLAPARAMBA P.O, PANDIKKAD, MALAPPURAM DISTRICT., PIN – 676522` - `3 MOHAMMED FASIL M.C AGED 25 YEARS, S/O. ASHRAF ALI, MANNUNGACHALI HOUSE, KUTHUKAL ROAD, KARUVAMBRAM P.O, MANJERI, MALAPPURAM DISTRICT., PIN – 676123` - `4 MOHAMMED SHAFEEQ U.P AGED 25 YEARS, S/O. ABDUL KAREEM, OOROTHPARAMBAN HOUSE, MUNDITHODIKA, POOKKOTTUR P.O, MALAPPURAM DISTRICT., PIN – 676517` ``` CRL.MC NO. 4339 OF 2022 ``` ``` 3 ``` ``` 5HAFSAL RAHMAN AGED 27 YEARS, S/O. ASHRAF, POOLAKKAPARAMBIL HOUSE, MUTTIPALAM, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121 ``` ``` 6JASIR M AGED 26 YEARS, S/O. SHOUKATHALI, MADASSERI HOUSE, KANDALAPATTA, KARAKKUNNU P.O, MANJERI, MALAPPURAM DISTRICT., PIN – 676123 ``` ``` 7ABHIJITH V AGED 26 YEARS, S/O. RAMU, SOUMYA NIVAS, MULLAMPARA, MANJERI P.O, MALAPPURAM DISTRICT., PIN – 676121 ``` ``` BY ADV ADV K.V.WINSTON ADV SREEJA V -SR PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 4339 OF 2022 ``` ``` 4 ``` ## **`ORDER`** The petitioners are the accused Nos.1 to 11 in crime No.453/2017 of Manjeri Police Station which is now pending as S.C. No.32/2019 before the Assistant Sessions Court, Manjeri. The offences alleged against the petitioners are under Sections 143, 147, 148 , 341, 323, 324 and 308 read with Section 149 of Indian Penal Code. 2. The prosecution case is that, on 22.09.2017, the petitioners herein, assaulted the respondents 2 to 7 while the said respondents were conducting a victory march under the banner of Student Federation of India. It is alleged that the petitioners were Muslim League Activists and assault was committed on account of the political animosity. Annexure A1 is the Final Report submitted by the Police. This Crl.M.C. is filed for quashing all further proceeding pursuant thereto. 3. Heard Sri.K.Aboobacker Sidheeque, learned counsel appearing for the petitioners and Smt.Sreeja V., learned Publlic Prosecutor appearing for the State and Sri.K.V. Winston learned counsel appearing for respondents 2 to 7. 4. The prayer for quashing the above proceedings is sought ``` CRL.MC NO. 4339 OF 2022 ``` ``` 5 ``` for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured persons have sworn Annexure A2 to Annexure A7 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents 2 to 7/injured persons 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 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. 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 ``` CRL.MC NO. 4339 OF 2022 ``` ``` 6 ``` 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. 6. One of the offence is under Section 308 of Indian Penal Code. However, on perusal of the records it is discernible that, no serious injuries were sustained by any of the victims. Apart from the above, no criminal antecedents of any of the petitioners were brought to my notice. The incident occurred on account of political differences between the parties and now they have settled all their disputes. In such circumstances, I deem it appropriate to quash the proceedings by invoking the powers of this Court under Section 482 of Cr.P.C Accordingly, this Crl.M.C. is allowed. Annexure A1 final report in Crime No.453/2017 of Manjeri Police Station and all further proceedings in S.C.No.32/2019 pending before the Assistant ``` 7 ``` ## **`CRL.MC NO. 4339 OF 2022`** Sessions Court, Manjeri as against the petitioners are hereby quashed. ``` Sd/- ZIYAD RAHMAN A.A. JUDGE ``` scs ``` CRL.MC NO. 4339 OF 2022 ``` ``` 8 ``` ## **`APPENDIX OF CRL.MC 4339/2022`** ``` PETITIONER ANNEXURES Annexure-A1A CERTIFIED COPY OF THE FINAL REPORT DATED 29.12.2017 IN CRIME NUMBER 453/2017 OF THE MANJERI POLICE STATION, MALAPPURAM DISTRICT. Annexure-A2ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE SECOND RESPONDENT SIGNED DATED 16.11.2021. Annexure-A3ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE THIRD RESPONDENT SIGNED DATED 16.11.2021. Annexure-A4ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE FOURTH RESPONDENT SIGNED DATED 16.11.2021. Annexure-A5ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE FIFTH RESPONDENT SIGNED DATED 16.11.2021. Annexure-A6ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE SIXTH RESPONDENT SIGNED DATED 16.11.2021. Annexure-A7ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE SEVENTH RESPONDENT SIGNED DATED 16.11.2021. ```