Ramsheed K.K. and Arafath N.P. v. State of Kerala and Manoj P.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 8[TH] DAY OF DECEMBER 2022 / 17TH AGRAHAYANA,** ## **1944** **CRL.MC NO. 8461 OF 2022** **AGAINST THE ORDER/JUDGMENT SC 179/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, KASARAGOD / II ADDITIONAL MACT,** ## **KASARAGODE** ## **PETITIONER/ACCUSED NOS 1 AND 2:** 1 RAMSHEED K.K AGED 29 YEARS S/O. ISMAIL, JAMEELA QUARTERS, ARANGADI P.O, KANHANGAD VILLAGE KASARAGOD, PIN - 671315 2 ARAFATH N.P AGED 33 YEARS S/O IBRAHIM @ NARI IBRAHIM, P.V HOUSE,NEAR JUMA MASJID ARANGADI P.O, KANHANGAD VILLAGE KASARAGOD PIN - 671315 BY ADVS. RESHMA E. SHINCE TOM O.MINCY ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031 2 Crl.M.C No.8461 of 2022 2 MANOJ.P AGED 38 YEARS S/O BHASKARAN , RESIDING AT PUTHIYAPARAMBATH HOUSE, ARANGADI P.O,KANHANGAD KASARAGOD - PIN - 671315 BY ADV JACKSON JOHNY ADV SREEJA V -SR PP **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** 3 Crl.M.C No.8461 of 2022 ## **O R D E R** The petitioners are the accused Nos 3 and 4 in Crime No.503/2016 of Hosdurg Police Station. The aforesaid crime was registered against the petitioner and six others alleging offences punishable under Sections 143, 147, 148, 341, 324, 326 and 308, read with Section 149 of the Indian Penal Code. 2. The prosecution case is that, on 19.05.2016, at about 8.30 p.m., the accused Nos. 1 to 7, along with one juvenile in conflict with the law and 12 other identifiable persons, who were members of the Indian Union Muslim League, due to the political enmity, in prosecution of their common object, committed rioting, armed with deadly weapons, wrongfully restrained CW1, Manoj P, and caused grievous hurt to him. Annexure-A1 is the FIR and Annexure- A2 is the final report submitted by the Police. 3. Earlier, based on charge sheet submitted against accused Nos 1 to 7, the trial was conducted before the Additional Sessions Court-II, Kasaragod, as S.C No. 519/2018, in which all the accused except the petitioners participated and the case 4 Crl.M.C No.8461 of 2022 against the petitioners was split up. Annexure-A3 is the judgment passed in the said case, wherein all the accused who faced the trial, namely accused Nos.1, 2 and 5 to 7, were acquitted under Section 232 of Cr.P.C as no evidence was adduced by the prosecution. The case against the petitioners now stands refiled as S.C No.179/2021 and this Crl.MC is filed for quashing all further proceedings pursuant to the same. 3. Heard Smt. Reshma E, the learned counsel appearing for the petitioners, Smt. Sreeja V, the learned Public Prosecutor appearing for the State and Sri.Jackson Johny, the learned counsel appearing for the 2[nd] respondent. 4. The petitioners seek the prayer for quashing the above proceedings on the ground that the dispute between the parties has been settled and to substantiate the same, the injured person has sworn Annexure-A4 affidavit. The aforesaid affidavit indicates that the matter has been settled and the injured person 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 2[nd] 5 Crl.M.C No.8461 of 2022 respondent/injured person 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 person 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 the 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. 6. It is true that, some of the offences are punishable under Sections 326 and 308 of the Indian Penal Code. However, it is discernible from the records that, as per Annexure-A3 6 Crl.M.C No.8461 of 2022 judgment, all the accused who faced the trial were found not guilty. I have gone through the contents of the Annexure-A3 judgment. It is evident therefrom that the defacto complainant was examined as PW1 and he stated that even though he sustained injuries in the incident, he could not identify any of the assailants. He further stated that he furnished the names of the accused person to the police based on suspicion. PW2 and PW3 were the other independent witnesses examined by the prosecution and they also turned hostile to the prosecution. In that circumstances, the learned Sessions Judge passed the order of acquittal under Section 232 of Cr.P.C. When going through the findings of the learned Sessions Judge, it can be seen that, consequent to the order of acquittal of the other accused, the substratum of the prosecution case is lost. Therefore, no fruitful purpose would be served by allowing the continuation of prosecution against the petitioners herein. In such circumstances, this Crl.M.C. is allowed. Annexure-A2 final report submitted in Crime No.503/2016 of Hosdurg Police Station and all further proceedings pursuant to it, including the 7 Crl.M.C No.8461 of 2022 proceedings in S.C.No179/2021 pending before the Additional District and Sessions Court-II, Kasaragod as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A** **JUDGE** rpk 8 Crl.M.C No.8461 of 2022 ## **APPENDIX OF CRL.MC 8461/2022** PETITIONER ANNEXURES Annexure A1 FIR IN CRIME NO 503/2016 DATED 20.05.2016 Annexure A2 FINAL REPORT DATED 24.20.2016 Annexure A3 JUDGMENT OF SESSIONS JUDGE II KASARAGOD DATED 03.03.2021 Annexure A4 AFFIDAVIT OF RESPONDENT NO 2/DEFACTO COMPLAINANT DATED 20.08.20222