Allowed

Savad A.K v. State of Kerala

Kerala HC26 Sept 2022Crl.MC/3458/2022

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings against four accused following a settlement between the de facto complainant and co-respondents, holding the dispute private and serving no further purpose of prosecution.

What did the court decide?

All further proceedings in C.C. No.3370/2014 pending before the Judicial First Class Magistrate Court I, Kasargod as against the petitioners are quashed.

Savad A.K Vs State of Kerala — 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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MONDAY, THE 26TH DAY OF SEPTEMBER 2022 / 4TH ASWINA, 1944

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CRL.MC NO. 3458 OF 2022

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CC 3370/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS I, KASARAGOD
CRIME NO.385/2014 VIDYANAGAR POLICE STATION

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PETITIONER/ACCUSED 1 TO 4:

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1SAVAD A.K
AGED 34 YEARS
S/O. MUHAMMED, THABZIRA MANZIL,ERITHYAM KADAVU,
MUTTATHODI VILLAGE AND BRANCH POST OFFICE,
KASARAGOD, PIN – 671123

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2ALTHAF HUSSAIN A.K
AGED 43 YEARS
S/O. MUHAMMED, THABZIRA MANZIL,ERITHUM KADAVU,
MUTTATHODI VILLAGE AND MUTTATHODY BRANCH POST OFFICE,
KASARAGOD, PIN – 671123

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3MUHAMMED ISHAB SHABITH MUHAMMED
AGED 29 YEARS, S/O. MUHAMMED, THABZIRA MANZIL,
ERITHYAM KADAVU, MUTTATHODI VILLAGE AND MUTTATHODY
BRANCH POST OFFICE, KASARAGOD, PIN – 671123

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4SHEBEEB A
AGED 30 YEARS
S/O. HANEEFA, SHAMSINA MANZIL,
ERITHUM KADAVU, MUTTATHODI VILLAGE AND MUTTATHODY
BRANCH POST OFFICE, KASARAGOD, PIN – 671123

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BY ADV SHIBA M SAMUEL

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RESPONDENT/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

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2MOIDEEN UNAIS A.M.
AGED 35 YEARS, S/O. MUHAMMED, AL-AMEEN MANZIL,
ERUTHUMKADAVU, MUTTATHODY VILLAGE,
VIDYANAGAR KASARAGOD, PIN – 671123

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CRL.MC NO. 3458 OF 2022

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2

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3ANSAR MUHAMMED E.M.
AGED 35 YEARS, S/O. MUHAMMED, HOUSE NO.28/14,
FASEELA MANZIL, ERUTHUMKADAVU, MUTTATHODY
VILLAGE, VIDYANAGAR KASARAGOD DISTRICT, PIN –
671123

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BY ADVS.
PUBLIC PROSECUTOR
Adv Meera P.A.
Adv Sreeja V-Sr PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 26.09.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

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CRL.MC NO. 3458 OF 2022

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ORDER

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The petitioners are the accused Nos.1 to 4 Crime No.385/2014

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of Vidyanagar Police Station which is now pending as C.C. No.3370/2014 before the Judicial First Class Magistrate Court I, Kasargod. The offences alleged against the petitioners are under

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Sections 341, 323, 324, 294(b), 506(1) read with Section 34 of Indian Penal Code.

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The prosecution case is that on 02.07.2014 15.30 hours, the defacto complainant was restrained by the accused 1 to 4 and he was assaulted with a wooden reaper. Annexure 1 is the Final Report submitted by the Police and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

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Heard Smt.Shiba M. Samuel, learned counsel appearing for the petitioners, Smt.Sreeja V., learned Public Prosecutor for the State and Smt.Meera P.A., learned counsel appearing for the respondents 2 and 3.

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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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parties has been settled and to substantiate the same, the

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CRL.MC NO. 3458 OF 2022

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respondents 2 and 3 have sworn Annexure 2 and Annexure 3 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the respondents 2 and 3 have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents 2 and 3 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 respondents 2 and 3 have reiterated that, they do not have any objection in quashing the proceedings as they have 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 successful prosecution are very bleak. Therefore, I am of the view

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CRL.MC NO. 3458 OF 2022

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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.

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Accordingly, this Crl.M.C. is allowed. Annexure 1 final report in Crime No.385/2014 of Vidyanagar Police Station and all further proceedings in C.C. No.3370/2014 pending before the Judicial First

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Class Magistrate Court I, Kasargod as against the petitioners are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A.
JUDGE

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scs

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CRL.MC NO. 3458 OF 2022

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APPENDIX OF CRL.MC 3458/2022

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PETITIONER ANNEXURES
Annexure15. THE CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO. 385 OF 2014 OF
VIDYANAGAR POLICE STATION PUNISHABLE
U/S. 341,323,324,294(B) 506(1) R/W 34
IPC PENDING ON THE FILE OF THE
JUDICIAL CLASS MAGISTRATES' COURT-I
KASARAGOD AS CC NO. 3370/2014.
Annexure2THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/ DEFACTO COMPLAINANT
Annexure3THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT/ INJURED (CW2)

Savad A.K v. State of Kerala

Case brief

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Savad A.K v. State of Kerala

Case brief

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