Crl.M.C. No. 9406 of 2023

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 21[ST] DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945 ``` ``` CRL.MC NO. 9406 OF 2023 ``` ``` CRIME NO.1065/2023 OF KOTTAKKAL POLICE STATION, MALAPPURAM ``` ``` IN CC 2191/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM ``` ## `PETITIONERS/ ACCUSED NO.1 TO 4:` ``` 1MOHAMED SAHAL.T, AGED 20 YEARS S/O ABDU RASAKH, THAIKADAN HOUSE, RANDATHANI, RANDATHANI PO, MALAPPURAM, PIN – 676510 2JUNAID MON CHERUNGAL, AGED 20 YEARS, JUNAID MON CHERUNGAL, S/O ABDU RAHMAN, CHERUNGAL HOUSE, MUNDANCHIRA, VALAVANNUR PO, MALAPPURAM - 676551., PIN – 676551 ``` ``` 3HARIKRISHNAN P, AGED 20 YEARS, S/O MANOJ P, PAYYAMPALLY HOUSE, KADAMPUZHA, KALLARMANGALAM PO, MALAPPURAM, PIN – 676553 ``` ``` 4MOHAMED NARDIL, AGED 22 YEARS, S/O NAZAR MUSLIYAR, KURUNGHATTIL HOUSE, VENGARA, OORAKAM PO, MALAPPURAM, PIN – 676519 ``` ``` BY ADV P.V.ANOOP ``` Crl.M.C.9406/2023 -:2:- ## `RESPONDENTS/ STATE & DEFACTO COMPLAINANT:` ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682031 ``` ``` 2AMAR RAJ N, AGED 20 YEARS, S/O KRISHNAN N, NADUVATH HOUSE, PARAMMAL, THENNALA PO, MALAPPURAM, PIN – 676510 ``` ``` BY SRI. P. ABDUL NISHAD ``` ## `OTHER PRESENT:` ``` SR PP SMT PUSHPALATHA M K ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.9406/2023 -:3:- Dated this the 21[st] day of November,2023 ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure, 1973(‘Code’, for the sake of brevity), to quash Annexure-B Final Report in Crime No.1065/2023 of the Kottakkal Police Station, Malappuram, and all further proceedings in C.C No.2191/2023 of the Court of the Judicial First Class Magistrate-I, Malappuram. 2. The petitioners are the accused 1 to 4 in Crime No.1065/2023 of the Kottakkal Police registered against them alleging them to have committed the offences under Sections 341, 323 & 324 read with Section 34 of the Indian Penal Code,1860. 3. The prosecution allegation is that, on 15.09.2023, when the second respondent attempted to video graph an altercation that took place outside the Crl.M.C.9406/2023 -:4:- Grace Valley College, Maravattom, the petitioners 2 to 4 restrained him and the first petitioner beat the second respondent with an iron rod and caused hurt to him. Thus, the petitioners have committed the above offences. 4. The petitioners have averred in the petition that, the dispute between the petitioners and the second respondent has been settled between them out of court. The second respondent has filed Annexure-C affidavit, stating that he has no objection in the proceedings being quashed. Hence, the petition. 5. Heard; Sri.P.V. Anoop, the learned counsel appearing for the petitioners; Smt.Pushpalatha M.K., the learned Public Prosecutor appearing for the first respondent – State and Sri. P. Abdul Nishad, the learned counsel appearing for the second respondent. 6. The learned counsel appearing for the petitioners and the second respondent in unison Crl.M.C.9406/2023 -:5:- submitted that, with the intervention of well wishers and friends, the dispute between the parties has been amicably settled. Consequently, the second respondent has filed Annexure-C affidavit to the above effect. 7. Pursuant to the direction of this Court, the learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the settlement arrived at between the petitioners and second respondent is bona fide and genuine and that second respondent has voluntarily executed Annexure-C affidavit. The State has no objection in the proceedings being quashed. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others** vs. **State of Gujarat and another** [(2017) 9 SCC 641] has held that in facts and circumstances of a case, where the High Court is Crl.M.C.9406/2023 -:6:- satisfied that an amicable settlement has been arrived between the parties and the offence is not serious in nature involving mental depravity, the criminal proceedings can be quashed to secure the ends of justice. 9. On a consideration of the facts and circumstances of the case, and the materials on record, I am convinced that this is a fit case to exercise the inherent powers of this Court under Section 482 of the Code, especially since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction are remote, the continuation of the proceeding would be wastage of judicial time and the settlement would augur harmony and peace in the locality. Hence, I am satisfied that the proceedings can be quashed. Resultantly, the Crl.M.C is allowed. Annexure-B final report and all further proceedings in C.C Crl.M.C.9406/2023 -:7:- No.2191/2023 of the Judicial First Class Magistrate Court-I, Malappuram, as against the petitioners are quashed. Sd/- ## **C.S.DIAS,JUDGE** DST/21.11.23 //True copy// P.A. To Judge Crl.M.C.9406/2023 -:8:- ## `APPENDIX` ``` PETITIONER ANNEXURES ANNEXURE ACERTIFIED COPY OF THE FIR DATED 16.09.2023 IN CRIME NO 1065 OF 2023 OF KOTTAKKAL POLICE STATION ANNEXURE BCERTIFIED COPY OF THE FINAL REPORT DATED 25.09.2023 IN CRIME NO 1065 OF 2023 OF KOTTAKKAL POLICE STATION, MALAPPURAM. ANNEXURE CTRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 29.11.2023 ```