Allowed

Muhammed Anas v. State of Kerala

Kerala HC12 Feb 2024Crl.MC/7/2024

Case brief

AI extract

What is this about?

Accused in a Kondotty police station case for unlawful assembly and assault sought quashing under Section 482 Cr.P.C after settlement with the defacto complainant and injured witnesses. The court, relying on Gian Singh, found the affidavits genuine and no public interest involved, and quashed all proceedings.

What did the court decide?

All proceedings against petitioners in Crime No. 1266/2023 of Kondotty Police Station quashed.

Muhammed Anas Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 12^TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945

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CRL.MC NO. 7 OF 2024

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CRIME NO.1266/2023 OF Kondotty Police Station, Malappuram PETITIONER/ACCUSED NOS. 1 TO 4:

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1 MUHAMMED ANAS AGED 23 YEARS

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S/O. ABDUL ASEES, KUNNUMMAL HOUSE,

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KANNAMVETTIKKAVU, MALAPPURAM DIST, PIN - 673637

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2 JUNAIS AGED 40 YEARS

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S/O. SAITHALAVI, NAIKKOTTAKKAL HOUSE, KANNAMVETTIKKAVU, CHERUKAVU, MALAPPURAM DIST, PIN - 673637

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3 SHAMSUDHEEN

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AGED 32 YEARS

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S/O. ABDURAHIMAN, PARAMBIL HOUSE, KANNAMVETTIKKAVU, CHERUKAVU, MALAPPURAM DIST, PIN - 673637

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4 ABDUL ASEES

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AGED 52 YEARS

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S/O. ABDULLAKKUTTY, PARAMBIL HOUSE, KANNAMVETTIKKAVU, MALAPPURAM DIST, PIN - 673637

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BY ADVS. V.S.BOBAN

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CHACKO SIMON

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RESPONDENTS/STATE & DEFACTO COMPLAINANT & INJURED:

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

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2 SARATH KUMAR AGED 30 YEARS

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S/O. CHANDRAN, ANUGRAHAM HOUSE, FAROKE COLLEGE PO., KOZHIKODE DIST, PIN - 673632

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3 SAHEER ANAS P AGED 30 YEARS S/O. BASHEER, PAMBINAKATH MECHERI HOUSE, VALIYAPARAMBU P.O, PULLIKKAL, MALAPPURAM DIST, PIN

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CRL.MC NO. 7 OF 2024

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- 673637

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4 MUHAMMED BASHEER AGED 29 YEARS S/O. ABDUNNASAR, MACHILAKATH HOUSE, FAROKE COLLEGE PO., KOZHIKODE DIST, PIN - 673632

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SRI.SOJAN MICHEAL-R, SHRI NOUSHAD K.A.-P.P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 7 OF 2024

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BECHU KURIAN THOMAS, J.

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Crl.M.C No. 7 of 2024

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Dated this the 12^th day of February, 2024

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O R D E R

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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 the accused 1 to 4 in Crime No. 1266/2023 of Kondotty Police Station, Malappuram registered for the offences under Sections 143, 147, 148, 323, 308 and 427 r/w 149 of the Indian Penal Code, 1860. Respondents 2 to 4 are the defacto complainant and the injured witnesses.

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According to the prosecution, on 22.10.2023 at

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6.00 p.m., the accused formed themselves into an unlawful assembly and attacked the de facto complainant and his friends with an iron rod and thereby committed the offences alleged.

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

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The learned counsel for the petitioners submitted

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CRL.MC NO. 7 OF 2024

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that the matter has been settled and hence the proceedings against the 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

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[(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes 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 3 to 5 affidavits filed by respondents 2 to 4. 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 proceedings will

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CRL.MC NO. 7 OF 2024

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only be an exercise in futility.

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Accordingly, all proceedings against the petitioners in Crime No. 1266/2023 of Kondotty Police Station, Malappuram

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are quashed.

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This Crl.M.C is allowed as above.

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Sd/-BECHU KURIAN THOMAS, JUDGE

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lsn

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CRL.MC NO. 7 OF 2024

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APPENDINX IN CRL.M.C 7 OF 2004

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PETITIONER ANNEXURES

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Annexure 1 CERTIFIED COPY OF THE FIR DATED 23.10.2023 IN CRIME NO: 1266/2023 OF KONDOTTY POLICE STATION, MALAPPURAM DISTRICT

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Annexure 2 COPY OF THE REPORT DATED 01.11.2023 Annexure 3 AFFIDAVIT DATED 21.12.2023 SWORN BY THE 2ND RESPONDENT Annexure 4 AFFIDAVIT DATED 21.12.2023 SWORN BY THE 3RD RESPONDENT Annexure 5 AFFIDAVIT DATED 21.12.2023 SWORN BY THE 4TH RESPONDENT

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Muhammed Anas v. State of Kerala

Case brief

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Muhammed Anas v. State of Kerala

Case brief

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