SHEMEEM & 5 others v. STATE OF KERALA & CIRCLE INSPECTOR OF POLICE, Tirurangadi Police Station

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 ``` ## `CRL.MC NO.2745 OF 2022` ``` [S.C.NO.468/2022 ON THE FILES OF ADDITIONAL SESSIONS COURT-II, MANJERI IN CRIME NO.978/2021 OF Thirurangadi Police Station, ``` ## `Malappuram]` ## `PETITIONERS/ACCUSED NOS.1 TO 6:` ``` 1SHEMEEM AGED 39 YEARS, S/O.ABDUL KAREEM THARI, THARI, CHENDAPPURAYA , A.R NAGAR (PO), PIN - 676305 2NOUFAL, S/O.ABDUL LATHEEF, AGED 35 YEARS THARI , CHENDAPPURAYA , A.R NAGAR, PIN - 676305 3ABDUL JALEEL AGED 44 YEARS, S/O.MOIDEEN HAJI, PENGATHODUVIL , MAMPURAM (PO), VK PADI, PIN - 676311 4SHAMSUDEEN AGED 36 YEARS, S/O.CHEKKU, KORANKANARI , THAZHE CHELARI, MUNDIYANMAD, VELLIMUK, PIN - 676310 5ALTHAF, AGED 30 YEARS, S/O.KUNJIMUHAMMED, NEERUTTIKAL, CHENAKKALANGADI (PO) THENJIPALLAM,, PIN - 673636 6ABDUL RASHEED AGED 32 YEARS, S/O.MUHAMMED, VAKKAYIL , DEVATHIYAL, THENJIPPALAM, PUTHURPALLIKKAL, PIN – 673636 BY ADV N.RAJI 1MOIDEEN KUTTY, S/O.HASSAN HAJI, AGED 61 YEARS KADAVATH HOUSE, PANTHARANGADI PO, MALAPPUARAM, PIN - 676306 ``` ## `RESPONDENT/S:` CRL.MC No.2745 of 2022 2 ``` 2STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 3CIRCLE INSPECTOR OF POLICE, CRIME NO.978/2021), TIRURANAGADI POLICE STATION, MALAPPURAM DISTRICT, PIN - 676306 BY ADVS. R1 BY ADV. NAVANEETH.N.NATH R2 AND R3 BY SRI.VIPIN NARAYAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.10.2022, THE COURT ON 17.01.2023 PASSED THE FOLLOWING: ``` CRL.MC No.2745 of 2022 3 ## `O R D E R` ``` The petitioners are accused Nos.1 to 6 in ``` ``` Crime No.978/2021 of Tirurangadi Police Station which is now pending as S.C.No.468/2022 on the ``` ``` file of the Additional Sessions Court-II, ``` ``` Manjeri for the offences punishable under ``` ``` Sections 341, 323, 324, 308 r/w. Section 34 of ``` ``` the Indian Penal Code (IPC). ``` ``` 2.The 1[st]respondent is the defacto ``` ``` complainant. Annexure-I is the F.I.R and ``` ``` Annexure-II is the final report. This Crl.M.C. ``` ``` is filed for quashing all further proceedings ``` ``` pursuant to Annexure-II. ``` ``` 3. Heard Sri. N.Raji, the learned counsel ``` ``` for the petitioners, Sri.Navaneeth N. Nath, the learned counsel for the 1[st] respondent and Sri.Vipin Narayan, the learned Public Prosecutor for the State. ``` CRL.MC No.2745 of 2022 4 ``` 4.The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexure-III affidavit sworn by the 1[st] respondent is produced. The fact ``` ``` of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that the 1[st] respondent has any subsisting grievances against the petitioners herein. The 1[st] respondent also clearly expressed his no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the 1[st]respondent also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein. The veracity of the settlement has been examined by ``` ``` the Station House Officer concerned by ``` ``` contacting the 1[st] respondent. ``` ``` 5.On going through the nature of ``` CRL.MC No.2745 of 2022 5 ``` allegations as contained in Annexure-II final report, it can be seen that, the dispute is basically private in nature. No serious offences are attributed against the petitioners. Considering the settlement arrived at between the parties, the chances of a successful ``` ``` prosecution are very bleak and hence no fruitful purpose would be served if the proceedings are allowed to continue. Therefore, I am of the view that going by the decision inGian 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 Cr.P.C. can be invoked. ``` ``` 6.It is true that one of the offences ``` ``` alleged against the petitioners is under Section ``` ``` 308 IPC. It is discernible from the records that ``` ``` no serious injuries were sustained by the defacto complainant. Moreover, in connection with the said case, another Crime was ``` CRL.MC No.2745 of 2022 6 ``` registered as Crime No.125/2022 by Thirurangadi Police Station wherein 1[st] respondent/defacto complainant along with some others were implicated as the accused. The said crime was registered on the basis of the information ``` ``` furnished by the 3[rd] respondent herein. Today, ``` ``` along with this Crl.M.C., I have considered ``` ``` Crl.M.C.No.2531/2022 which was filed by the 1[st] ``` ``` respondent herein and other accused therein for ``` ``` quashing the proceedings in Crime No.125/2022. ``` ``` Both these Crl.M.Cs. are filed to quash the respective proceedings on the basis of ``` ``` settlement arrived between the parties. In such circumstances, I deem it appropriate to invoke the jurisdiction under Section 482 Cr.PC and to ``` ``` quash the proceedings to give effect to the mutual terms and conditions arrived at between the parties. ``` ``` Accordingly this Crl.M.C. is allowed. All ``` CRL.MC No.2745 of 2022 7 ``` further proceedings in Annexure-II final report arising out of Crime No.978/2021 of Thirurangadi Police Station including the proceedings in S.C.No.468/2022 pending before the Additional Sessions Court-II, Manjeri are hereby quashed. ``` ``` Sd/- ZIYAD RAHMAN A.A. JUDGE ``` ``` pkk ``` CRL.MC No.2745 of 2022 8 ## `APPENDIX OF CRL.MC 2745/2022` ``` PETITIONERS’ ANNEXURES: Annexure ICERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.978/2021 OF TIRURANAGADI POLICE STATION Annexure IICERTIFIED COPY OF THE FINAL REPORT DATED 05/02/2022 IN CRIME NO.978/2021 OF TIRURANGADI POLICE STATION PENDING AS SC NO 468/2022 ON THE FILES OF ADDITIONAL SESSIONS COURT-II, MANJERI Annexure IIIAFFIDAVIT SWORN BY THE RESPONDENT NUMBER ONE DATED 01/04/2022 ```