IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

CRL.MC NO. 6807 OF 2022

AGAINST THE ORDER/JUDGMENTCC 74/2020 OF JUDICIAL

MAGISTRATE OF FIRST CLASS ,MALAPPURAM

PETITIONER/S:

1

MOHAMMED IMRAN

AGED 26 YEARS

S/O. ANVER, MADHAMPUR, CHAMPAL POST, MORADABAD,

UTTAR PRADESH - 244001, PRESENTLY RESIDING AT

MATTIL QUARTERS, EDARIKKODE POST, KOTTAKKAL,

MALAPPURAM DISTRICT - , PIN - 676501

2

MUHAMMED KUFRAN

AGED 25 YEARS

S/O. ANVER, MADHAMPUR, CHAMPAL POST, MORADABAD,

UTTAR PRADESH - 244001, PRESENTLY RESIDING AT

MATTIL QUARTERS, EDARIKKODE POST, KOTTAKKAL,

MALAPPURAM DISTRICT - , PIN - 676501

3

NOUFAL BABU

AGED 32 YEARS

S/O. MARAKKAR, MANGADAN HOUSE, EDARIKKODE POST,

MALAPPURAM DISTRICT , PIN - 676501

4

ABDUL NASSAR

AGED 51 YEARS

S/O. MARAKKAR, MANGADAN HOUSE, EDARIKKODE POST,

MALAPPURAM DISTRICT , PIN - 676501

BY ADV P.C.MUHAMMED NOUSHIQ

RESPONDENT/S:

1

STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF

KERALA, PIN - 682031

2

THE SUB INSPECTOR OF POLICE

KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT ,

PIN - 676503

3

MUHAMMED SHAREEF

AGED 35 YEARS

S/O. AHAMMEDKUTTY, THAYYIL HOUSE, ETHUPARAMBA,

EDARIKKODE POST, MALAPPURAM DISTRICT , PIN -

676501

Crl.M.C.No.6807/2022

: 2 :

ADDL.4

MUHAMMED FAYIZ

S/O. ABDUL RAZAK, THAYYIL HOUSE, PUTHUPARAMBA,

EDARIKKODE AMOM, MALAPPURAM DISTRICT

(ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED

01.11.2022 IN CRL.M.A.NO.2/2022)

BY ADV E.C.AHAMED FAZIL

ADV M P PRASHANTH- PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR

ADMISSION ON 01.11.2022, THE COURT ON THE SAME DAY PASSED

THE FOLLOWING:

Crl.M.C.No.6807/2022

: 3 :

ORDER

Dated this the 1^st day of November, 2022

The petitioners are the accused in crime No.225/2019 of

KottakkaL Police Station, which is now pending as C.C.

No.74/2020 before the Judicial First Class Magistrate's Court,

Malappuram. The offences alleged against the petitioners are

under Sections 341 and 323 read with Section 34 of the Indian

Penal Code.

2.

The prosecution case is that, on 20.10.2019 at 8.45

p.m., the petitioners wrongfully restrained respondent Nos.3 and

4 and assaulted them. Annexure-A1 is the final report submitted

by the Police. This Crl.M.C. is filed for quashing all further

proceedings pursuant to Annexure-1 final report.

3.

Heard Sri. P.C. Muhammed Noushiq, the learned

counsel appearing for the petitioners, Sri. M.P. Prasanth, the

learned Senior Public Prosecutor for the State and Sri. E.C.

Ahamed Fazil, the learned counsel appearing for respondent

Crl.M.C.No.6807/2022

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Nos.3 and 4 .

4.

The prayer for quashing the proceedings is sought

mainly on the ground that the dispute between the parties has

been settled. Annexures-A3 and R4(a) affidavits sworn by

respondent Nos.3 and 4 are filed along with this Crl.M.C. to

substantiate the settlement. In the said affidavits, respondent

Nos.3 and 4 had specifically acknowledged the aforesaid

settlement and also conveyed the no-objection to quash the

proceedings against the petitioners herein. The learned counsel

appearing for respondent Nos.3 and 4 also confirms the same.

The learned Public Prosecutor, upon instructions, submitted that

the Station House Officer concerned has verified the veracity of

the same and found it to be genuine.

5.

The allegations would reveal that the dispute is purely

private in nature. In such circumstances, by applying the

principles laid down by the Honourable Supreme Court in Gian

Singh v. State of Punjab and Another [(2012) 10 SCC 303],

proceedings can be quashed by invoking the powers of this Court

under Section 482 Cr.P.C. This is particularly because, on

account of the settlement, no fruitful purpose would be served by

Crl.M.C.No.6807/2022

: 5 :

allowing the prosecution to continue.

In the result, this Crl.M.C. is allowed and Annexure-1 final

report su