Muhamed Sajin v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 Crl.MC.No. 5029 of 2015 () --------------------------- CC 41/2015 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CRIME NO. 630/2014 OF KARIPUR POLICE STATION, MALAPPURAM ----------------- PETITIONERS/ACCUSED :

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1. MUHAMED SAJIN, AGED 21 YEARS, S/O.MOHAMMEDALI, MANGALASSERY HOUSE, VADAKKANGARA P.O., MALAPPURAM 679 324.

2. MUJEEB RAHMAN .K., AGED 22 YEARS, S/O.IBRAHIM, KALIYADATH HOUSE, MUNDABRA THAZHATHUMURI, UGRAPURAM P.O., AREEKODE AMSOM, MALAPPURAM DISTRICT.

3. SAMEER.K., S/O.MUHAMMEDALI AGED 20 YEARS THONIPPARAMB HOUSE, PERUVALLUR P.O.

MALAPPURAM - 673 638.

4. NAZEEH.P., AGED 21 YEARS, S/O.ABDUL ASEES, PAMBADAN HOUSE, PULPATTA P.O., SHAPPINKUNNU, MANJERI 676 123.

5. MOHAMMED IQBAL, AGED 22 YEARS, S/O.MAMMU, POOZHITHARA HOUSE, KURUGA P.O., EDARITHODU, KARUKATHANI, MALAPPURAM.

6. ANEES RAHMAN.A. AGED 19 YEARS S/O.ABDU RAHIMAN, ALANAGADAN HOUSE, MELANGADI P.O. MALAPPURAM 673 638.

7. SHARAF ALI, AGED 20 YEARS, S/O.SAIDALAVI A.P., ANDATHODI HOUSE, PADIKKAL VELIMUKKU P.O., MALAPPURAM DISTRICT, PIN: 676 317.

8. SHAHAD PAYAMBROBAN, AGED 21 YEARS, S/O.HASSANKUTTY, SADIYA HOUSE, C.H.ROAD ALINCHUVADU MUNNIYUR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.S.KANNAN

RESPONDENTS/STATE AND DEFACTO COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

2. THE SUB INSPECTOR OF POLICE, KARIPPOOR POLICE STATION MALAPPURAM DISTRICT 673 647.

3. SAYED S/O.ABDUL KAREEM, THAYYIL VALIYAPULACKAL HOUSE THENNALA, TIROORANGADI, MALAPPURAM DISTRICT KERALA 676 306.

4. NOUSHAD T.V.

S/O.MOIDEEN, THAYYIL VALIYAPULACKAL HOUSETHENNALA TIROORANGADI, MALAPPURAM DISTRICT, KERALA 676 306. R1 & R2 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R3 & R4 BY ADV. SRI.K.M.FIROZ BY ADV. SMT.M.SHAJNA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 5029 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- A1:

A TRUE COPY OF THE FINAL REPORT IN CRIME NO.630/2014 OF KARIPPUR POLICE STATION, MALAPPURAM.

A2:

AFFIDAVIT SWORN BY RESPONDENT NO.3.

A3:

AFFIDAVIT SWORN BY RESPONDENT NO.4.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 5029 of 2015 ================== Dated this the 6th day of August, 2015

O R D E R

The petitioners herein are the accused in the impugned Anx.A-1 final report/charge sheet filed in Crime No.630/2014 of Karippur Police Station, registered for offences punishable under Secs.143, 147, 148, 341, 323, 324 read with Sec.149 of the I.P.C., at the instance of the 4th respondent herein, which has led to the institution of Calendar Case, C.C.No.41/2015 on the file of the Judicial First Class Magistrate's Court, Manjeri. It is stated that now the entire disputes between the petitioners on the one hand and respondents 3 and 4 on the other have been settled amicably and that respondents 2 and 3 have sworn to Anx.A-2 and A-3 affidavits before this Court, wherein it is stated that they have settled the entire disputes with the petitioners and that they have 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

Crl.M.C.5029/15 - : 2 :- quash the 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.5029/15 - : 3 :- Anx.A-1 final report/charge sheet filed in Crime No.630/2014 of Karippur Police Station, which has led to the institution of Calendar Case, C.C.No.41/2015 on the file of the Judicial First Class Magistrate's Court, Manjeri, 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