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2022 Supreme(Online)(KER) 54284
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943
CRL.MC NO. 2360 OF 2021
CRIME NO.607/2020 OF MAYYIL POLICE STATION, KANNUR
PETITIONERS/ACCUSED 1 TO 7:
1
SIDDIQUE,
AGED 25 YEARS
S/O. KUNNJU, SHAFEENA MANZIL, MANIYOR EDAVACHAL,
CHEKKIKULAM P.O, KANNUR DIST-670 592.
2
MUHAMMED AJEER,
AGED 26 YEARS
S/O. AYOOB, CHANDROTH HOUSE, MANIYOR EDAVACHAL,
CHEKKIKULAM P.O, KANNUR DIST-670 592
3
MUSAMMIL,
AGED 35 YEARS
S/O. AZEEZ, THACHOTH PURAYIL,
MANIYOOR EDAVACHAL, CHEKKIKULAM P.O,
KANNUR DISTRICT-670592.
4
NOUMAN,
AGED 26 YEARS
S/O. MUHAMMED, KHADEEJA MANZIL,
MANIYOR EDAVANCHAL, CHEKKIKULAM P.O,
KANNUR DISTRICT-670 592.
5
SAVAD,
AGED 22 YEARS
S/O. SOOPUNJI, KIDANNOTH HOUSE,
MANIYOR EDAVACHAL, CHEKKIKULAM P.O,
KANNUR DISTRICT-670 592
6
THANVEER,
AGED 34 YEARS
S/O. KHALID, KHADEEJA MANZIL, MANIYOR EDAVANCHAL,
CHEKKIKULAM P.O, KANNUR DIST-670 592.
CRL.MC NO. 2360 OF 2021
2
7
THANZEER,
AGED 26 YEARS
S/O. KHALID, KHADEEJA MANZIL, MANIYOR EDAVACHAL,
CHEKKIKULAM P.O, KANNUR DISTRICT-670 592
BY ADV E.A.HARIS
RESPONDENT/S:
1
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682 031.
2
NOUSHEER
AGED 26 YEARS, S/O. MUHAMMED SHAFI,
SALAMATH MANZIL, MAYYIL AMSOM,
CHEUVATHALA MOTTA, KANNUR DISTRICT-670 592
BY ADV SREEJITH S.NAIR
SR.PP SMT. SREEJA V
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.01.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 2360 OF 2021
3
Proceedings can be quashed under Section 482 Cr.P.C if the parties have settled and the offences are minor in nature.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - SETTLEMENT - OFFENCES MINOR IN NATURE
Fact of the Case:
The petitioners were accused of forming an unlawful assembly and attacking the 2nd respondent, causing him injuries. The petitioners filed a petition under Section 482 Cr.P.C for quashing the proceedings on the ground of settlement.
Finding of the Court:
The court found that the offences were minor in nature and that the parties had expressed their consent for settlement.
Issues: Whether the proceedings should be quashed in light of the settlement between the parties.
Ratio Decidendi: When the parties have expressed their consent for settlement, the court can exercise jurisdiction under Section 482 of the Cr.P.C to quash the proceedings, especially when the offences are minor in nature.
Final Decision: The court allowed the petition and quashed the proceedings against the petitioners.
ORDER
The petitioners are accused in CC No.64/2021 on the file of the Judicial First Class Magistrate's Court-II, Kannur arising out of Crime No.607/2020 of Mayyil Police Station, Kannur.
2. The offences alleged are under Sections 143, 147, 148, 341, 323, 324 r/w Section 149 of the IPC. The allegation is that on 02.10.2020 at 20.00 hours, the accused persons, seven in number, formed an unlawful assembly and in prosecution of their common object, wrongfully attacked the 2nd respondent using wooden stick etc and caused him injuries. The petitioners are before this Court for quashing the proceedings under Section 482 Cr.P.C on the ground of settlement.
3. I heard the learned counsel for the petitioners, learned counsel for the second respondent and also the learned Senior Public Prosecutor.
4. The learned counsel for the second respondent has confirmed the settlement between the parties. Moreover, Annexure A2 affidavit also indicates that the matter is settled and he has no objection in quashing the proceedings.
5. When the parties have expressed their consent for settlement, this Court cannot hesitate to exercise jurisdiction under Section 482 of the Cr.P.C. The offences are minor in nature. Therefore, entire proceedings in CC No.64/2021 on the file of the Judicial First Class Magistrate's Court-II, Kannur arising from Crime No.607/2020 of Mayyil Police Station, Kannur are quashed. The petitioners shall stand exonerated.
The Crl.M.C is allowed as above.
Sd/-
K. HARIPAL JUDGE
APPENDIX OF CRL.MC 2360/2021 PETITIONER ANNEXURES ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME NO.
607/2020 OF MAYYIL POLICE STATION.
ANNEXURE 2 AFFIDAVIT OF THE DEFACTO 2ND RESPONDENT.
ANNEXURE 3 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.64/2021 OF THE JFCM-II, KANNUR.
ANNEXURE 4 TRUE COPY OF THE WITNESS LIST CC.64/2021 OF THE JFCM-II, KANNUR.
RESPONDENT'S ANNEXURES : NIL
