The Court quashed criminal proceedings filed against petitioners accused of causing grievous hurt and unlawful assembly upon receipt of a settlement and affirmation that no serious injuries were sustained by the victim and no public interest was involved.
Quashed the criminal proceedings in C.C. No. 151/2020 and exonerated the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
CRL.MC NO. 80 OF 2022
(AGAINST IN C.C.NO.151/2020 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM WHICH AROSE FROM CRIME NO.129/2019 OF NADAPURAM POLICE STATION, KOZHIKODE)
PETITIONERS/ACCUSED 1 TO 3:
1 RAFEEK AGED 40 YEARS S/O. KUNHALI, PARAMBATH HOUSE, VISHNUMANGALAM (PO), KALLACHI, KOZHIKODE DISTRICT. 2 RASHEED, AGED 41 YEARS S/O. ANDRU, CHUNDAYULLA PARAMBATH HOUSE, NARIPATTA (PO), KALLACHI, KOZHIKODE DISTRICT. 3 HARIS, AGED 31 YEARS S/O. ABDULLA, KAREECHERI HOUSE, KALLACHI (PO), KOZHIKODE DISTRICT. BY ADVS. P.V.ANOOP PHIJO PRADEESH PHILIP M.P.PRIYESHKUMAR
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
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2 RASIK AGED 41 YEARS S/O.ANDRU, PUTHAN KOYILOTH HOUSE, KALLACHI (PO), KOZHIKODE DISTRICT, PIN-673506. BY ADV K.V.SREERAJ
SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Petitioners are the accused in C.C.No.151/2020 on the file of the Judicial First Class Magistrate's Court, Nadapuram which arose from the final report in Crime No.129/2019 of Nadapuram police station registered on 21.03.2019 alleging offence under Sections 143, 147, 148, 341, 323, 324, 506 and 294(b) read with Section 149 of the IPC. It is alleged that on 20.03.2019 at 22:00 hours, near the Sinajul Huda Education Complex, the petitioners who are the accused, along with three identifiable persons formed an unlawful assembly and in prosecution of their common object and also carrying lethal weapons, wrongfully restrained the defacto complainant, the 2nd respondent. The first petitioner beat him with a wooden reaper whereas the 3rd petitioner beat him with an iron pipe. The 2nd petitioner and other three persons manhandled him and caused him injuries. He was also abused and threatened that he would be killed. The identifiable persons could not be apprehended. Now the petitioners contend that the matter is settled and in the light of the settlement reached with the 2nd respondent, entire proceedings are sought to be quashed under Section 482 of the Cr.P.C.
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learned Senior Public Prosecutor, who has confirmed the settlement.
that the matter is settled and he has no subsisting grievance against the petitioners.
Crl.M.C is allowed as above.
Jms/18.02
//True Copy// P.A to Judge
Crl.M.C.No.80 of 2022
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APPENDIX OF CRL.MC 80/2022
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE FIR IN CRIME NO.129/2019 OF NADAPURAM POLICE STATION, KOZHIKODE. Annexure B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.129/2019 WHICH IS NOW PENDING AS CC NO.151/2020 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM. Annexure C AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 26.10.2021.
1 issue framed by the court
Whether criminal proceedings can be quashed under Section 482 Cr.P.C. upon settlement and absence of public interest.
1 provisions across 1 enactments
Rafeek
Rasheed
Haris
Rasik
State of Kerala
2nd Respondent
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
