Muhammad Afsar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Crl.MC.No. 4389 of 2015 () --------------------------- CC.NO. 393/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM CRIME NO. 523/2014 OF MAVOOR POLICE STATION , KOZHIKODE DISTRICT ---------------- PETITIONER(S)/ACCUSED:

------------------------------------------

1. MUHAMMAD AFSAR, AGED 21 YEARS, S/O.ABDULLA, CHUDALAKKANDI HOUSE, MALAYAMMA P.O., KOZHIKODU DISTRICT.

2. ARSHAK SHUKKUR, AGED 19 YEARS, S/O.SHUKKUR, ADUKKATHIL HOUSE, KARASSERY P.O., MUKKAM, KOZHIKODU DISTRICT.

3. MUHAMMED P.P., AGED 21 YEARS, S/O.USMAN, PONPARAKKAL HOUSE, KARUVANPOIL, KODUVALLY, KOZHIKODU DISTRICT.

BY ADVS.SRI.K.S.ARUN KUMAR SRI.M.S.DILEEP RESPONDENT(S)/COMPLAINANT:

----------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. HARIS T.P, AGED 21 YEARS, S/O.ABOOBAKKER, THEELERIPULPARAMBIL HOUSE, PAZHAMPARAMBU, CHERUVADI P.O, MUKKAM, KOZHIKODE, PIN -673 661 R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SMT.RESMI THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 4389 of 2015 () -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

-------------------------------------------- ANNEX I:

CERTIFIED COPY OF THE CHARGE SHEET IN CC.NO.393/2015 OF JFCM COURT, KUNNAMANGALAM.

ANNEX II:

TRUE COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT RESPONDENT(S)' ANNEXURES:

NIL ------------------------------------------------ /TRUE COPY/ P.S.TO JUDGE sts

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 4389 of 2015 ================== Dated this the 20th day of July, 2015

O R D E R

The petitioners herein are accused Nos.1 to 3 in the impugned Anx.1 final report/charge sheet filed in Crime No.523/2014 of Mavoor Police Station, Kozhikode district, registered for offences punishable under Secs.341, 323, 324, 326 & 294(b) read with Sec.34 of the I.P.C., at the instance of the 2nd respondent, which has led to the institution of Calendar Case, C.C.No.393/2015 on the file of the Judicial First Class Magistrate's Court, Kunnamangalam. It is stated that now the entire disputes between the petitioners and the 2nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx.II affidavit before this Court, wherein it is stated that he has settled the entire disputes with the petitioners and that he has no objection for quashment of the impugned criminal proceedings pending against the petitioners herein. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the

Crl.M.C.4389/15 - : 2 :- impugned criminal proceedings against them.

2.

In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.

On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.

Crl.M.C.4389/15 - : 3 :- Anx.1 final report/charge sheet filed in Crime No.523/2014 of Mavoor Police Station, which has led to the institution of Calendar Case, C.C.No.393/2015 on the file of the Judicial First Class Magistrate's Court, Kunnamangalam, and all further proceedings arising therefrom pending against the petitioners herein stand quashed.

With these observations and directions this Crl.M.C. stands finally disposed of.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge