Sayed Mansoor Bafki and others v. State of Kerala and others

# **lIN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941** **Crl.MC.No. 2861 of 2019** **AGAINST THE PROCEEDINGS IN C.P. NO.2/2018 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES U/S.138 NI ACT (JMFC XI)** **CRIME NO. 507/2017 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM** ## **PETITIONERS / ACCUSED:** - **1 SAYED MANSOOR BAFKI, AGED 24 YEARS, S/O.SAYED ABDULLA BAFKI THANGAL, MALAPPURAM DISTRICT, TIRUR TALUK, TANUR VILLAGE, PUTHIYA MALIAKAL HOUSE, KERALA, INDIA.** - **2 NOORAL HASSAN, AGED 24 YEARS, S/O.SALIM, KOZHIKODE DISTRICT, KOZHIKODE TALUK, PERUVINE VILLAGE, KUTTIKATTIL DESOM, AROTH HOUSE, KERALA, INDIA.** - **3 SHIMITH, AGED 25 YEARS, S/O.SHIJU, ATTINGAL VILLAGE, ELAMBA DESOM, PERAKANOM, THIRUVONAM VEEDU, KERALA, INDIA.** - **4 NIHALMUHAMMED, AGED 25 YEARS, S/O.SHINABUDHEEN, PERUMKULAMIDITHATTIL NORTH BUNGALOW HOUSE, CHIRAYANKEEZHU TALUK, MANAMBUR VILLAGE, KALAMUTTOM WARD, KERALA, INDIA.** - **5 MUHAMMEDASLAM, AGED 24 YEARS, S/O.SAINLABUDEEN, RANNI HOUSE, NO.7/458, KOTTAYAM DISTRICT, KANJIRAPPILLY TALUK, IDAKKONAM VILLAGE, KERALA, INDIA.** - **6 ASHIQ ROY, AGED 24 YEARS, S/O.ROY ABRAHAM, PUTHANPURAKKAL HOUSE, KOLLAM DISTRICT, PATHANAPURAM, TALUK, PIRAVANNUR VILLAGE, VAZHATHOPPDESOM, KERALA, INDIA.** - **7 AJAY KRISHNAN, AGED 25 YEARS S/O.SABU P.P., PERUNPALLIL HOUSE, ERNAKULAM DISTRICT, ALUVA TALUK, KERALA, INDIA.** CRL.MC:2861/2019 2 - **8 CHRISTINE MATHEW, AGED 24 YEARS, S/O.MATHEW FRANCIS, PUTHANPURAKKAL HOUSE, KANNUR DISTRICT, THALIPPARAMBA TALUK, VELLADU VILLAGE, VIJAYAGIRI DESOM, KERALA, INDIA.** - **9 BASANTH, AGED 24 YEARS, S/O.JAY KUMAR, KRISHNAMANGALAM HOUSE, KUDAPANAKUNNU VILLAGE, CHETTIVILAKAM WARD, NCC ROAD, SRINAGAR 10A, KERALA, INDIA.** - **10 ABHIJITH, AGED 23 YEARS, S/O.G.ANIL KUMAR, ROHINI HOUSE, THIRUVELLAM VILLAGE, PUNJAKINI DESOM.** - **11 BENSAJSKARIA, AGED 24 YEARS, S/O.SAJANGEORGE, PUTHUMEDATHIL HOUSE, IDUKKI DISTRICT, IDUKKI TALUK.** - **12 ADILRASHEED, AGED 20 YEARS, S/O.C.RASHEED, NEDIYATHU HOUSE, ALAPPUZHA DISTRICT, MAVELLIKARA TALUK.** - **13 BALASUBRAMANIAM, AGED 20 YEARS, S/O.SREEKUMAR, SNEHANIKETHAN HOUSE, ALAPPUZHA DISTRICT, KAYAMKULAM VILLAGE.** - **14 SAFALSALEEM, AGED 20 YEARS, S/O.SALEEM, PAZHAYATEYALAM HOUSE, KOTTAYAM DISTRICT, ERUMELI VILLAGE.** - **15 MITHUN AMRUTANAND, AGED 20 YEARS, S/O.MURALIDHARAN, KANOTHPULIKKAL HOUSE, KOZHIKODE DISTRICT, THAMARASSERY TALUK.** - **16 BISA T.PARIYARAM, AGED 20 YEARS, S/O.P.V.SANTHOSH, PARIYARATH HOUSE, ERNAKULAM DISTRICT, MUVATTUPUZHA TALUK.** - **17 SHARON, AGED 21 YEARS, S/O.NAZIR, AL MUDIR HOUSE, KAZHAKKUTAM VILLAGE.** - **18 DARSHAN, AGED 21 YEARS, S/O.JAYACHANDRAN, VATTAVILAMAKAYIRAM HOUSE, THIRUMALA VILLAGE.** - **19 VINAY MOHAN, AGED 21 YEARS, S/O.MOHANADASAN, STAFF QUARTERS 111B/5, ATTIPARA VILLAGE.** CRL.MC:2861/2019 3 - **20 SACHITHANANDAN, AGED 21 YEARS, S/O.GEETHANANDAN, CHETHUKARTHALA HOUSE, ALAPPUZHA DISTRICT, CHERTHALA TALUK.** - **21 VISHNU, AGED 21 YEARS, S/O.VIJAYA KUMAR, KUNNAMCHATHANADU HOUSE, ALAPPUZHA DISTRICT, CHERTHALA TALUK.** - **22 AYUB KHAN, AGED 23 YEARS, S/O.NAJEEBKHAN, YASIN HOUSE, ATTINGAL VILLAGE, AVANAVANCHERI DESOM.** - **23 RAHUL, AGED 23 YEARS, S/O.HARIKUMAR, HARISREE HOUSE, ULLOOR VILLAGE, KESHAVADASAPURAM WARD.** - **24 VAISAKH, AGED 23 YEARS, S/O.JAYAKUMAR, PARASHININILAYAM HOUSE, VATTIYURKAVU VILLAGE, VALLIYAVILA WARD.** - **25 ABEL JIJI JOHN, AGED 21 YEARS, S/O.JIJI V.JOHN, JOJI HOUSE, PATTANAMTHITTA DISTRICT, THIRUVALLA TALUK, KATTOOR VILLAGE.** - **26 AJAY KURIAKOSE, AGED 26 YEARS, S/O.SAJI KURIAKOSE, PUNYKKAL HOUSE, ALAPPUZHA DISTRICT, CHERTHALA TALUK, THANEERMUKKAM VILLAGE.** - **27 GOKUL DAVIS, AGED 22 YEARS, S/O.RADHAKRISHNAN, DAVIS HOUSE, PATHANAMTHITTA DISTRICT, THIRUVALLA TALUK.** - **28 ADHEEP VIJAY, AGED 23 YEARS, S/O.K.VIJAYAN, MADATHINEDATH HOUSE, KOLLAM DISTRICT, KARUNAGAPILLY TALUK.** - **29 VARGHESE SABU, AGED 22 YEARS, S/O.SABU JACOB, CHEMPAKATH HOUSE, ERNAKULAM DISTRICT, VENKOLA VILLAGE, PERUMBAVOOR DESOM.** - **30 GOKUL D.PILLAI, AGED 21 YEARS S/O.SASIKUMAR, MUTHEZATHU HOUSE, ALAPUZHA DISTRICT, KARTHIKA PILLI TALUK, DEVIKULANGARA VILLAGE.** CRL.MC:2861/2019 4 - **31 MUHAMMAD SANJU, AGED 23 YEARS, S/O.SHAJI V.K., DESATHUMADATHIL HOUSE, KOTTAYAM DISTRICT, CHANGANASSERY TALUK, PERANNI VILLAGE, DUBINAGAR DESOM.** - **32 NISSAM NAZAR, AGED 23 YEARS, S/O.NAZIR, VAVAKAVU VILIYA VEETIL HOUSE, KOLLAM DISTRICT, KARUNAGAPILLY TALUK.** - **33 SRIHARI, AGED 23 YEARS, S/O.SRIKUMAR, GAURI MANDIRAM HOUSE, TAMIL NADU STATE, MARTAHNDAM THIRUVATTAR CHENKODI, NEAR TO THIRUVATTAR ADIKESAVAN KOVIL. BY ADV. SRI.E.ADITHYAN** ## **RESPONDENTS / COMPLAINANT & STATE:** - **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.** - **2 STATION HOUSE OFFICER, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM- 695005.** - **3 SUBIN CHACKO, AGED 21 YEARS, S/O.MATHAI CHACKO, THADATHIL VEETIL, VADASHERIKARA VILLAGE, KUNAMBALAM, VADASHERIKARA TALUK, RANI, PATHANAMTHITTA, KERALA, INDIA- 689672.** - **4 KARTHIK LAL, AGED 21 YEARS, S/O.MEHARLAL, PRA-80, PULIYANAMPURAM VALIYAVILA, VATTIYURKAVU P.O., THIRUVANANTHAPURAM, KERALA- 695013.** - **5 ASHIQ ALI, AGED 21 YEARS, FLAT NO.905, NATIONAL HERITAGE APARTMENTS, SRM ROAD, KOCHI, ERNAKULAM-682012.** - **6 S.VAISHNAV DATH, AGED 25 YEARS, S/O.SUNIL DATH, SREEHARI HOUSE, KOVOTUMUKKU, MENAMKULAM, KAZAKUTTOM P.O., THIRUVANANTHAPURAM DISTRICT, KERALA-695581.** CRL.MC:2861/2019 5 **7 ASHIQ JAYAN, AGED 21 YEARS, S/O.JAYAKUMARAN S., KRISHNA HOUSE, KANAKKUVALAPU, THIRUVALATHUR, PALAKKAD, KERALA- 678351.** **BY ADV. SRI.THEJAN RAJ** ## **OTHER PRESENT:** **R1 & R2 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** CRL.MC:2861/2019 6 ## **ORDER** This petition is filed under Section 482 of the Cr.P.C. 2. The petitioners herein have approached this Court seeking to quash the proceedings pending against them as C.P. No.2 of 2018 on the file of the Judicial First Class Magistrate CourtXI, Thiruvananthapuram, wherein they face accusations of having committed offences punishable under Sections 143, 147, 148, 149, 323, 324 and 308 of the IPC. 3. Brief facts of the case necessary to be noticed for considering the prayer sought for is that on 17.03.2017 at about 10.15 am, the petitioners wrongfully restrained the party respondents and they are alleged to have assaulted them causing injuries. 4. Heard Sri. Adithyan Ezhapilly, the learned counsel appearing for the petitioners, Sri.Thejan Raj, the learned counsel appearing for respondents 3 to 7 and the learned Public Prosecutor. 5. It is submitted by the learned counsel appearing for the parties that the parties have managed to resolve their disputes and have agreed to live peaceably. It is asserted that in the affidavits CRL.MC:2861/2019 7 sworn to by the victims, they have stated that they have no further grievance against the petitioners. They maintain that the termination of the criminal proceedings would resolve a festering private dispute between the parties and enable them to pursue their life as law abiding citizens. According to the learned counsel, no purpose would be served in continuing with the criminal proceedings in view of the changed circumstances. 7. The learned Public Prosecutor, on instructions, submitted that the investigating officer has reported that no other crimes are reported against the petitioners. It is further submitted that the State has no serious objection in quashing the proceedings as no public interest is involved. 8. I have considered the submissions and have perused the records. The records do not reveal that any serious injuries were sustained by the victims. In **Gian Singh v. State of Punjab** [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victims and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in **Parbatbhai Aahir v. State of Gujarat** [2017 (12) SCALE 187] **.** CRL.MC:2861/2019 8 9. Having considered the submissions advanced and after perusing the records, it appears that the offences are entirely personal in nature and do not affect public peace or tranquility. The injuries allegedly inflicted by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It is also felt that quashing of proceedings on account of compromise would bring about peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the victims and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony. In the result, this petition is allowed. Annexure-II final report and all further proceedings pursuant thereto against the petitioners now pending as C.P. No.2 of 2018 on the file of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram are quashed. ## **Sd/-** **RAJA VIJAYARAGHAVAN V., JUDGE** PS CRL.MC:2861/2019 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** ## **ANNEXURE I** **CERTIFIED COPY OF THE WOUND CERTIFICATE REPORT IN CRIME NO.507 OF 2017 OF THE PEROORKADA POLICE STATION, THIRUVANANTHAPURAM WITH FIRST INFORMATION STATEMENT.** ## **ANNEXURE II** **CERTIFIED COPY OF THE FINAL INFORMATION REPORT DATED 07.06.2018 IN CRIME NO.507 OF 2017 OF THE PEROORKADA POLICE STATION, THIRUVANANTHAPURAM.** **ANNEXURE III** **ORIGINAL AFFIDAVIT OF THE 3RD RESPONDENT DATED 8TH DAY OF APRIL 2019.** **ANNEXURE IV** **ORIGINAL AFFIDAVIT OF THE 4TH RESPONDENT DATED 8TH DAY OF APRIL 2019.** **ANNEXURE V** **ORIGINAL AFFIDAVIT OF THE 5TH RESPONDENT DATED 9TH DAY OF APRIL 2019.** **ANNEXURE VI** **ORIGINAL AFFIDAVIT OF THE 6TH RESPONDENT DATED 8TH DAY OF APRIL 2019.** **ANNEXURE VII** **ORIGINAL AFFIDAVIT OF THE 7TH RESPONDENT DATED 8TH DAY OF APRIL 2019.** ## **RESPONDENTS’ EXHIBITS:-NIL**