The High Court quashed criminal proceedings against ten accused persons pending before a Magistrate Court. The court relied on the fact that the dispute had been amicably settled, citing Supreme Court precedents allowing quashing in such circumstances where no public interest is involved.
All proceedings against the petitioners in C.C. No.670/2022 are quashed.
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 BECHU KURIAN THOMAS
WEDNESDAY, THE 14TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945
CRL.MC NO. 107 OF 2024
CRIME NO.752/2022 OF NADAKKAVU POLICE STATION, KOZHIKODE
IN C.C.NO.670/2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -IV,KOZHIKODE
PETITIONERS/ACCUSED NOS. 1 TO 10:
1DILSHAD ALI
AGED 22 YEARS
S/O KUTTI ALIKUTTI P THEKKEPAD,
BEACH ROAD, PARAPPANANGADI P O
THIRURURANGADI, MALAPPURAM, PIN – 676303
2ABDUL RASHEED
AGED 22 YEARS
S/O MUHAMMED SALEEM N.P
NENMENIPARAMBATH (H)ERINGADANPALLY,
CHEVAYOOR KOZHIKODE, PIN – 673017
3MUHAMMED ROSHAN EBRAHIM
AGED 22 YEARS
S/O EBRAHIM
VENGASSERIYIL (H) CHANDAKUNNU P O,
NILAMBUR , MALAPPURAM, PIN – 679329
4 MUHAMMED BILALAGED 21 YEARS
S/O MOIDEEN VALLIL (H)
ADUKKATH P O, KUTTIYADI ,
KOZHIKODE, PIN – 673508
5BIDHUL BALAN
AGED 21 YEARS
S/O BALAN BINSHA NIVAS (H)
THODANNUR P.O VATAKARA
KOZHIKODE, PIN - 673541
Crl.M.C.No.107 of 2024
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6MUHAMMED AFNAN
AGED 21 YEARS
S/O ABDUL ASEES
KOORINTAVIDA(H) KUTTIADI P.O
KOZHIKODE, PIN – 673508
7MISBAH
AGED 19 YEARS
S/O SAKKEER HUSSAIN BAITHUL MISBAH (H)
PALLIKANDI KALAYI P O KOZHIKODE, PIN – 673003
8 MOHAMMED SAMJEED SAMEER AGED 21 YEARS S/O SAMEER MOHAMED ALLIPARMABIL KIZHINCHALIL (H) MARANCHERY P.O MALAPPURAM, PIN – 6795819JOBIN RAJ
AGED 20 YEARS
9. AGED 20 YEARS
S/O RAJEEVAN, CHERUKUTTI (H)
THIKKODI P.O KOZHIKODE, PIN – 673529
10RISWAN A.K
AGED 22 YEARS
S/O ASHRAF
KUNIYIL (H) PINANGODE
KALPETTA WAYANAD, PIN – 673122
BY ADV K.REEHA KHADER
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 6820312ALBIN SAMUEL
AGED 25 YEARS
S/O SURESH KUMAR,
KAMBILI PARAMBA (H)
KOMMERI P.O POOVENGAL,
KOZHIKODE, PIN – 673007
Crl.M.C.No.107 of 2024
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BY ADV.
P.K.SUBHASH
OTHER PRESENT:
SRI. NOUSHAD K.A.
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.107 of 2024
-:4:-
BECHU KURIAN THOMAS, J.
Crl.M.C.No.107 of 2024
Dated this the 14th day of February, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
Crl.M.C.No.107 of 2024
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proceedings.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/14.02.24.
Crl.M.C.No.107 of 2024
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APPENDIX OF CRL.MC 107/2024
PETITIONERS’ ANNEXURES
Annexure A1CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 752/2022 OF NADAKKAVU POLICE
STATION, KOZHIKODE DISTRICT PENDING BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-
IV KOZHIKODE AS C.C.NO.670/2022.
Annexure A2CERTIFIED COPY OF MEMORANDUM OF EVIDENCE.
Annexure A 3SECOND RESPONDENTS AFFIDAVIT.
1 issue framed by the court
Whether the High Court should quash criminal proceedings pending against the accused in light of an amicable settlement between the parties?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶45
(2012) 10 SCC 303 · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherReferred¶45
(2014) 6 SCC 466 · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherReferred¶45
(2014) 9 SCC 653 · Who else cites this
2 provisions across 2 enactments
DILSHAD ALI
ABDUL RASHEED
MUHAMMED ROSHAN EBRAHIM
MUHAMMED BILAL
BIDHUL BALAN
MUHAMMED AFNAN
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court