Cc 1102/2014 Of Judicial First ... Vs Nousheed Muhammed

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Kerala High Court

Nousheed Muhammed vs The State Of Kerala

Author: P. Ubaid

Bench: P.Ubaid

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 26TH DAY OF NOVEMBER 2014/5TH AGRAHAYANA, 1936 Crl.MC.No. 6668 of 2014 () --------------------------- CC 1102/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,HOSDRUG CRIME NO. 20/2014 OF AMBALATHARA POLICE STATION , KASARGOD DISTRICT ==================== PETITIONERS/ACCUSED 1 TO 4: ---------------------------------------------- 1. NOUSHEED MUHAMMED, AGED 28 YEARS S/O.MUHAMMED KUNHI, RESIDING AT PATTILLATHU HOUSE MUTTICHARAL, ERIYA PO, KASARAGOD DISTRICT 2. NOUSHEED.P, AGED 24 YEARS S/O.HAMSA, RESIDING ALADUKKAM, BELUR VILLAGE KASARAGOD DISTRICT 3. THAMSEED.P.M., AGED 24 YEARS S/O.IBRAHIM, RESIDING AT ODAYAMCHAL, BELUR VILLAGE KASARAGOD DISTRICT 4. UBAIZ.L.K., AGED 20 YEARS S/O.RAZAK, RESIDING AT PATTILLATHU HOUSE, ODAYAMCHAL BELUR VILLAGE, KASARAGOD DISTRICT BY ADV. SMT.BINDUMOL JOSEPH RESPONDENTS/STATE: --------------------------------- 1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER AMBALATHARA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031. 2. C.SHAMEER, AGED 33 YEARS S/O.MUHAMMED, RESIDING AT CHELAKKATT HOUSE ODAYAMCHAL, KODOM VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT 671 123 3. HASHIQ.N, AGED 21 YEARS S/O.HAMEED, RESIDING AT HASHIBA VILLA, ODAYAMCHAL KODOM VILLAGE, HOSDURG TALUK KASARAGOD DISTRIT 671 123 R2-R3 BY ADV. SRI.T.MADHU R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-11-2014 ALONG WITH Crl.M.C.No. 6669/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:  Crl.MC.No. 6668 of 2014 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------ ANNEXURE A1 COPY OF THE FIR IN CRIME NO.20/2014 OF AMBALATHARA POLICE STATION ANNEXURE A2 COPY OF THE FINAL REPORT IN CRIME NO.20/2014 OF AMBALATHARA POLICE STATION ANNEXURE A3 AFFIDAVIT DATED 18/11/2014 SWORN IN BY THE 2ND RESPONDENT ANNEXURE A4 THE AFFIDAVIT DATED 18/11/2014 SWORN IN BY THE 3RD RESPONDENT ANNEXURFE A5 COPY OF THE MEMO OF EVIDENCE INCRIME NO.20/2014 OF AMBALATHARA POLICE STATION RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sd  P. UBAID, J. --------------------------------------- Crl.M.C. Nos. 6668 & 6669 of 2014 --------------------------------------- Dated this the 26th day of November, 2014 O R D E R

Two crimes, as case and counter, happened to be registered in the Ambalathara Police station of Kasaragod District, in connection with an incident of fight between two groups of persons. Crime No. 20/2014 was registered under Sections 143,147,148,323 and 324 read with 149 IPC on the complaint of one Shameer, who sustained injuries in the incident. The petitioners in Crl.M.C.No.6668/2014, are the accused in Crime No.20/2014. The first informant, Shameer and the other injured person, Hashiq, are the respondents 2 and 3 in Crl.M.C. No. 6668/2014. Crime No.21/2014 was registered under Sections 143,147,148,323 and 324 read with 149 IPC, on the complaint of one Nousheed. The said Nousheed and four others sustained injuries in the incident. They are the respondents 2 to 6 in Crl.M.C.No.6669/2014. The petitioners herein are the four accused in Crime No.21/2014. Now, the accused on both sides have come before this Court under Section 482 Cr.P.C. to quash  Crl.M.C. Nos. 6668 & 6669 of 2014 2 the two prosecutions, on the ground that they have amicably settled the whole dispute out of court, and that the real dispute between them stands resolved forever on the intervention of persons acceptable to both sides. The case in Crime No.20/2014 is pending as C.C.No.1102/2014 before the learned Judicial First Class Magistrate Court-I, Hosdurg, and the case in Crime No. 21/2014 is pending in the same court as C.C.No.1094/2014. The persons who sustained injuries on both sides have filed affidavit as respondents in the proceeding, to the effect that they have settled the whole dispute forever, and that they have no grievance or complaint. The Honourable Supreme Court has held in so many decisions that even in cases involving non- compoundable offences, the High Court can quash prosecution, if the parties have really settled the whole dispute amicably, and continuance of prosecution in such a situation will cause harm and hardship to both the parties, or will not serve any purpose. I find that this is a fit case where these guidelines can be applied, because I find a real and genuine settlement between the parties.

In the result, these petitions are allowed. The prosecution  Crl.M.C. Nos. 6668 & 6669 of 2014 3 against the petitioners in Cr.M.C.No.6668/2014 in C.C.No.1102/2014, and also the prosecution against the petitioners in Crl.M.C.No.6669/2014 in C.C.No.1094/2014 before the learned Judicial First Class Magistrate Court-I, Hosdurg, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.

Sd/-

P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE 

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