Allowed

Muhammed Shareef.I v. State of Kerala

Kerala HC3 Apr 2023Crl.MC/303/2023

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against petitioners accused under IPC Sections 341, 294(b), and 323 r/w 34. Relying on settled principles (Gian Singh), the court held that since the matter was amicably settled and no public interest was involved, quashing was necessary to avoid futile proceedings.

What did the court decide?

All proceedings against the petitioners in S.T.No.943/2022 arising out of Crime No.437/2022 are quashed.

Muhammed Shareef.I Vs State of Kerala — Quashing and FIR | Kerala HC (2023)

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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 BECHU KURIAN THOMAS

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MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945

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CRL.MC NO. 303 OF 2023

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CRIME NO.437/2022 OF MANNARKKAD POLICE STATION, PALAKKAD AGAINST THE ORDER/JUDGMENT ST 943/2022 OF MUNSIFF MAGISTRATE

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COURT,MANNARKAD

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PETITIONERS/ACCUSED :

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1 MUHAMMED SHAREEF.I, AGED 22 YEARS S/O. MUHAMMED EBRAHIM, RAVUTHER HOUSE, MANNARKKAD POST, MANNARKKAD-I, PALAKKAD DISTRICT- 678 582.

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2 MUHAMMAD ABDUL MIHRAN.M, AGED 20 YEARS, S/O. MOIDU, MUNDAYIL HOUSE, ARYAMBAVU, KOTTOPADAM, ARIYUR, PALAKKAD DISTRICT, PIN – 678 583.

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3 SHIBIL HAMSA.P.T., AGED 21 YEARS, S/O. HAMSA P T, POTHIYIL THOTTIPPARAMBIL HOUSE, KARINKALLATHANI, CHETHALLUR, THACHANATTUKARA-II, PALAKKAD DISTRICT, PIN – 678 583 BY ADVS.AJMAL P.

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MUHAMMED SHAHEEN A.

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RESPONDENTS/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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2 MOHAMED EHSAN.N.V., AGED 19 YEARS, S/O. IBRAHIM, NADUVIL HOUSE, GYM ROAD, PONNANI, MALAPPURAM DISTRICT, PIN – 679 577

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3 FATHAH.V.V., AGED 20 YEARS, S/O. ABDUL VAHAB.V.V, MAITHRY BHAVAN, VETTOM, ARIKKANCHIRA, MALAPPURAM DISTRICT, PIN - 676502

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4 MUHAMMED SHAMIL.K, AGED 18 YEARS, S/O. SHAMSUDHEEN.K, KARIMBANAKKAL, KUNTHIPPUZHA, MANNARKKAD COLLEGE POST, MANNARKKAD-I, PALAKKAD DISTRICT, PIN - 678582

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5 ADDL R5 HASEENA, ASSISTANT PROFESSOR. THE PRINCIPAL IN CHARGE, M.E.S KALLADI COLLEGE, MANNARKAKAD, PALAKKAD .ADDL R5 IMPLEADED AS PER ORDER DATED 31/1/2023 IN CRL.MA.1/2023. BY ADVS.PUBLIC PROSECUTOR V SREEJA GOPIKA P.J. SREERAJ M.D.(K/1025/2017)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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03.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC 303/2023

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BECHU KURIAN THOMAS, J

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......…..................................

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Crl.M.C.No.303 of 2023

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…..................................

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Dated this the 3^rd day of April, 2023

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ORDER

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Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

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Petitioners are accused in S.T.No.943/2022 on the files of the Judicial First Class Magistrate Court-I, Mannarkkad, arising out of Crime No.437/2022 of Mannarkkad Police Station, registered for the offences under Sections 341, 294(b) and 323 r/w Section

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34 of the Indian Penal Code, 1860. The additional 5^th respondent is the defacto complainant. Respondents 2 to 4 are the injured witnesses.

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Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.

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The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the

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CRL.MC 303/2023

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petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

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In Gian Singh v. State of Punjab and Another [(2012) 10 SCC

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303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes

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between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

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I have perused Annexures-A2 to A5 affidavits filed by respondents 2, 3, 4 and additional respondent No.5. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents stand by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the

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CRL.MC 303/2023

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proceedings will only be an exercise in futility.

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Accordingly, all proceedings against the petitioners in

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S.T.No.943/2022 on the files of the Judicial First Class Magistrate Court-I, Mannarkkad, arising out of Crime

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No.437/2022 of Mannarkkad Police Station, are quashed.

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The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS

JUDGE

AMV/04/04/2023

CRL.MC 303/2023

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APPENDIX OF CRL.MC 303/2023

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PETITIONER ANNEXURES

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ANNEXURE1A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NUMBER 437 OF 2022 OF MANNARKKAD
POLICE
ANNEXURE A2THE ORIGINAL OF THE AFFIDAVIT SWORN
INTO BY THE 2ND RESPONDENT SIGNED DATED
03.12.2022
ANNEXURE A3THE ORIGINAL OF THE AFFIDAVIT SWORN
INTO BY THE 3RD RESPONDENT SIGNED DATED
03.12.2022
ANNEXURE A4THE ORIGINAL OF THE AFFIDAVIT SWORN
INTO BY THE 4TH RESPONDENT SIGNED DATED
03.12.2022
ANNEXURE A5TRUE COPY OF THE AFFIDAVIT BY THE
ADDITIONAL 5TH RESPONDENT

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TRUE COPY

Muhammed Shareef.I v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Shareef.I v. State of Kerala

Case brief

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