Allowed

Ibrahim.K.L v. the State of Kerala Represented by Public Proseutor

Kerala HC16 Sept 2022Crl.MC/1250/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition filed by accused persons seeking quashing of criminal proceedings under Sections 143, 147, 148, 324 and 149 of the IPC. The court accepted the private nature of the dispute and the settlement between parties as grounds for quashing the proceedings under Section 482 CrPC.

What did the court decide?

Crl.M.C. No.1250 of 2022 is allowed; Annexure 1 Final Report and all further proceedings in C.C.No.187/2017 as against the petitioners are quashed.

Ibrahim.K.L Vs the State of Kerala Represented by Public… — Quashing and FIR | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944

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CRL.MC NO.1250 OF 2022

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CC 187/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
CRIME NO.1094/2017 OF HOSDURG POLICE STATION

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PETITIONERS/ACCUSED:

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IBRAHIM.K.L.
1AGED 24 YEARS
,S/O KALLIYIL MUHAMMED,
KALLIYIL HOUSE, KANHANGAD VILLAGE,
KMC XXXV.M, 141-A5, KASARGODE, PIN – 671315

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2MUBESHEER.P,
AGED 24 YEARS
S/O P. ABOOBACKER,
PATTILATH HOUSE, NJANIKADAVU.P.O,
OZHINJAVALAPPU, KANHANGAD VILLAGE,
KASARGODE, PIN – 671314
3NIYAS.K.L
AGED 24 YEARS
S/O NASAR,
KALLIYIL HOUSE,
KANHANGAD VILLAGE,
KMC XXXIII,HOUSE NO.50,
KASARGODE DISTRICT, PIN – 671315
4MUHAMMED SAVAD. K.P.
AGED 24 YEARS
S/O K.P. NASAR,
KALLIYIL HOUSE, OZHINJAVALAPPU.P.O,
KANHANGAD VILLAGE, KASRGOD, PIN – 671314
5MUBESEER.M
AGED 24 YEARS
S/O MUHAMMED KUNHI, AGED 25 YEARS,
KALLIYIL HOUSE, NJANIKADAVU, OZHINJAVALAPPU,
KANHANGAD VILLAGE, KASARGODE, PIN – 671314

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CRL.MC NO.1250 OF 2022

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2

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6JABIR.C.P.
AGED 24 YEARS
S/O ASSAINAR, AGED 26 YEARS
SHERIF MANZIL, NJANIKADAVU, OZHINJAVALAPPU,
KANHANGAD VILLAGE, KASARGODE, PIN – 671314
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
E.PRAJITH KUMAR
RAJ CAROLIN V.

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSEUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

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2SURAJ. K
AGED 22 YEARS, S/O SURESHAN,
RESIDING AT OAZHINHAVALAPPU,
OZHINHAVALAPPU.P.O, NILESHWAR VIA-
KASARGODE, PIN – 671314

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BY ADV.
BY ADV GOVERNMENT PLEADER
ADV.PRASANTH M.P.
ADV C.H.ABDUL RASAC

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.09.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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CRL.MC NO.1250 OF 2022

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ORDER

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The petitioners are the accused in Crime No.1094/2017 of Hosdurg Police Station which is now pending as C.C. No.187/2018 before the Judicial First Class Court – I, Hosdurg. The offences alleged against the petitioners are under Sections 143, 147, 148, 324 read with Section 149 of Indian Penal Code

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The prosecution case is that on 15.10.2017 at 6.30 p.m., the petitioners formed themselves into an unlawful assembly and assaulted the 2^nd respondent/de facto complainant. Annexure 1 is the final report submitted in this case. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

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Heard Sri.E.Prijith Kumar, learned counsel appearing for the petitioners, Sri.Prasanth M.P., learned Public Prosecutor appearing for the State and Sri.C.H. Abdul Rasac for the 2^nd respondent/de facto complainant.

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The prayer for quashing the above proceedings is sought

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for by the petitioners on the ground that, the dispute between the

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CRL.MC NO.1250 OF 2022

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parties has been settled and to substantiate the same, the injured person has filed Annexure- 2, which was sworn by him. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2^nd 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 has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.

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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 were allowed to continue. In such circumstances, the chances of a

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CRL.MC NO.1250 OF 2022

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successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and

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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.

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Accordingly, this Crl.M.C. is allowed. Annexure 1 Final Report in Crime No.1094/2017 of Hosdurg Police Station and all further proceedings in C.C.No.187/2017 pending before the Judicial First Class Magistrate Court-1, Hosdurg as against the petitioners are hereby quashed.

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ZIYAD RAHMAN A.A.
JUDGE

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SCS

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CRL.MC NO.1250 OF 2022

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APPENDIX OF CRL.MC 1250/2022

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PETITIONER ANNEXURES

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Annexure-1TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 1094/2017 OF HOSDURG POLICE
STATION, KASARGOD DISTRICT
Annexure -2TRUE COPY OF THE AFFIDAVIT SWORN BY THE
2ND RESPONDENT DATED 8.12.2021

Ibrahim.K.L v. the State of Kerala Represented by Public Proseutor

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Ibrahim.K.L v. the State of Kerala Represented by Public Proseutor

Case brief

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