Quashing petition by the second accused in an assault and unlawful assembly case after settlement with the defacto complainant and injured witnesses. Court verified settlement affidavits, found no public interest in continuing trial, and quashed all pending criminal proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF JULY 2024 / 20TH ASHADHA, 1946
CRL.MC NO. 1882 OF 2023
CRIME NO.344/2006 OF Manjeswar Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.167 OF 2020 OF CHIEF
JUDICIAL MAGISTRATE ,KASARAGOD
PETITIONER:
SULAIMAN
AGED 40 YEARS
S/O. HASSAINAR,
KASAIGALLI,
HIDAYATH NAGAR,
UPPALA VILLAGE,
KASARAGOD., PIN - 671322
BY ADV ANN SUSAN GEORGE
RESPONDENTS:
1MOHAMED NAUFAL
AGED 38 YEARS
S/O. SHEIK IBRAHIM,
SHEIK ALI COTTAGE,
MAJAL, UPPALA POST,
MANJESHWAR TALUK,
KASARAGOD DISTRICT.,
PIN - 671322
2THE STATION HOUSE OFFICER
MANJESHWAR POLICE STATION,
KASARAGOD., PIN - 671323
3THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
4MOHAMMED PARVEZ
AGED 45 YEARS
S/O. ABDUL RAZAK,
AMINA MANZIL, UPPALA,
MAJAL, MANJESHWAR TALUK,
KASARAGOD, PIN-671323
5THAREEQUE
AGED 46 YEARS
S/O. R. AHAMED,
HANFI BAZAR,
CRL.MC NO. 1882 OF 2023
2
OPPOSITE PRAKYANTH GARAGE,
UPPALA VILLAGE AND POST,
MANJESHWAR TALUK,
KASARAGOD, PIN-671323
BY ADV P.M.RAFIQ
OTHER PRESENT:
SRI. ASHI M.C (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 11.07.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 1882 OF 2023
3
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 1882 of 2023
Dated this the 11th day of July, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against him.
4
CRL.MC NO. 1882 OF 2023
CRL.MC NO. 1882 OF 2023
5
No. 167 of 2020 on the files of the Chief Judicial Magistrate’s
Court, Kasaragod are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 1882 OF 2023
6
APPENDIX OF CRL.MC 1882/2023
PETITIONER ANNEXURES
Annexure ITHE CERTIFIED COPY OF THE FINAL
REPORT IN C. C. NO. 182 / 2007 ON THE
FILES OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KASARAGOD, IN CRIME
NO. 344 / 2006 OF MANJESHWAR POLICE
STATION, KASARAGOD
Annexure IITHE COPY OF THE ORDER DATED
27.04.2012. IN CRL. M. C. NO. 1453 /
2012 ON THE FILES OF THIS HON'BLE
COURT
Annexure IIITHE COPY OF THE ORDER DATED
01.06.2012. IN C. C. NO. 583 / 2009
ON THE FILES OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KASARAGOD
Annexure IVTHE AFFIDAVIT DATED 16.01.2023. SWORN
IN BY THE 1ST RESPONDENT
Annexure.VTHE AFFIDAVIT DATED.30.5.2024 SWORN
BY THE ADDITIONAL 4TH RESPONDENT
Annexure.VITHE AFFIDAVIT DATED.30.5.2024 SWORN
BY THE ADDITIONAL 5TH RESPONDENT
1 issue framed by the court
Whether proceedings against the petitioner for unlawful assembly and assault offences could be quashed under Section 482 CrPC following a settlement with the defacto complainant and injured witnesses.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶6
(2012) 10 SCC 303 · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherRelied on¶6
(2014) 6 SCC 466 · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherRelied on¶6
(2014) 9 SCC 653 · Who else cites this
2 provisions across 2 enactments
SULAIMAN
MOHAMED NAUFAL
THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION
THE STATE OF KERALA
MOHAMMED PARVEZ
THAREEQUE
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court