Petitioners accused of rioting and related offences sought to quash proceedings on the basis of a settlement affidavit from 2019. The court held the affidavit, sworn more than five years earlier, could not be relied upon for quashing and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945
CRL.MC NO. 41 OF 2024
CRIME NO.56/2017 OF Neyyattinkara Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CC 1518/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,NEYYATINKARA
PETITIONERS/ACCUSED NO.1 TO 5:
1SUNEER KHAN
AGED 34 YEARS
S/O MUHAMMED, RESIDING AT KHAN MANZIL,
PACHIKODE, VAZHIMUKKU, ATHIYANNOOR VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN – 695123
2SIBIN
AGED 26 YEARS
S/O SHAHJAHAN, RESIDING AT PACHIKODE HOUSE,
PACHIKODE, VAZHIMUKKU, ATHIYANNOOR VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN – 695123
3ASHIQ
AGED 26 YEARS
S/O AYOOB, RESIDING AT PUTHUVAL PUTHEN VEEDU,
PACHIKODE, VAZHIMUKKU, ATHIYANNOOR VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN – 695123
4SEYDALI
AGED 29 YEARS
S/O ABDUL LATHEEF,
RESIDING AT PACHIKODE PUTHUVAL PUTHEN VEEDU,
PACHIKODE, VAZHIMUKKU, ATHIYANNOOR VILLAGE,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN – 695123
5AL AMEER
AGED 29 YEARS
S/O SAIDALI,
CRL.MC NO. 41 OF 2024
2
RESIDING AT PUTHUVAL PUTHEN VEEDU, PACHIKODE,
VAZHIMUKKU, ATHIYANNOOR VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN – 695123
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
MUHAMMED SWADIQ
O.MOHAMED BASIL KOYA THANGAL
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682031
2SEYAD
AGED 29 YEARS, S/O THAJUDEEN,
RESIDING AT CHANALKARA VEEDU,
CHERIYAKONAM, ATHIYANNOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695123
R1 BY ADV.SRI. T.R. RANJITH (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 41 OF 2024
3
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 41 of 2024
Dated this the 5th day of February, 2024
ORDER
Petitioners seek to quash the proceeding in C.C.No. 1518/2018 on the files of the Judicial First Class Magistrate’s Court-I, Neyyatinkara arising out of Crime No. 56 of 2017 of Neyyattinkara Police Station, Thiruvananthapuram. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324 and 427 r/w Section 149 of the Indian Penal Code, 1860
On a perusal of the documents produced in support of the contention that the matter has been settled, it is noticed that the affidavit is dated 30-08-2019. Since more than 5 years have elapsed after the alleged swearing to the affidavit and filing of this case, I am of the view that the said affidavit cannot be relied upon to quash the proceedings.
Accordingly, I dismiss this Crl.M.C.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 41 OF 2024
4
APPENDIX OF CRL.MC 41/2024
PETITIONERS’ ANNEXURES:
ANNEXURE A1THE CERTIFIED COPY OF THE FINAL
REPORT/CHARGE SHEET IN CRIME NO: 56
OF 2017 NEYYATTINKARA POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
ANNEXURE A2THE AFFIDAVIT, SOLEMNLY AFFIRMED BY
THE 2ND RESPONDENT/DEFACTO
COMPLAINANT DATED 30/8/2019
RESPONDENTS’ ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether proceedings in C.C. No. 1518/2018 could be quashed based on a 2019 settlement affidavit between the parties.
1 provisions across 1 enactments
Suneer Khan
Sibin
Ashiq
Seydali
Al Ameer
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court