Muhammed Ashraf vs Mohammed Ashraf on 31 January, 2011

[Cites 1, Cited by 1]

Kerala High Court

Muhammed Ashraf vs Mohammed Ashraf on 31 January, 2011

Bench: Thomas P.Joseph

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 265 of 2011()


1. MUHAMMED ASHRAF, S/O. MUHAMMED,
                      ...  Petitioner
2. KHASIM KOTTA, AGED 31 YEARS, S/O.
3. B.M.MUHAMMED HANEEFA, AGED 22 YEARS,
4. MUHAMMED SHEREEF, S/O. KHASIM,
5. JAFFAR, S/O. FAKRUDHEEN, AGED 33 YEARS,
6. MUHAMMED ARIF, S/O. MUHAMMED,

                        Vs



1. MOHAMMED ASHRAF, S/O. ABDULLA,
                       ...       Respondent

2. M.MUSTHAFA, S/O. MUHAMMED,

3. KHALEEL @ IBRAHIM, S/O. ASSANABHA,

4. FAYAS @ M.A.ABOOBACKER, S/O. ABDUL

5. MOHAMMED SUBAIR, S/O. SIDDIQUE @

6. SUB INSPECTOR OF POLICE,

7. STATE, REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :SRI.CIBI THOMAS

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :31/01/2011

 O R D E R
                  THOMAS P JOSEPH, J.

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                    Crl.M.C.No.265 of 2011

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               Dated this 31st day of January, 2011

                               ORDER

In the course of a cricket match on 25.06.2009 between two clubs which petitioners and respondent Nos.1 to 5 respectively, represented there was a clash and respondent Nos.1 to 5 are said to have assaulted petitioners with cricket bat and thereby committed offences punishable under Secs.143, 147, 148, 341 and 324 r/w Sec.149 of the Indian Penal Code. The Kumbala police registered Crime No.106 of 2009, investigated and submitted final report before the learned Chief Judicial Magistrate, Kasaragod who took cognizance for the said offences and filed C.C.No.314 of 2009 against respondent Nos.1 to 5. Petitioners/injured (CWs.1 to 6) seek to quash Annexure-I, final report and proceedings in C.C.No.314 of 2009. It is said in the petition that the incident occurred spontaneously and there was no intention for respondent Nos.1 to 5 to cause injuries to the petitioners. In the intervention of respectable persons in the locality the dispute has been settled between them and respondent Nos.1 to 5. I have heard learned counsel on both sides and the learned Public Prosecutor who confirmed fact of Crl.M.C.No.265 of 2011 -: 2 :- settlement between the parties.

2. It is seen that the incident occurred in the course of a cricket match between two clubs. The matter is settled between the parties. The offence is purely personal to and between respondent Nos.1 to 5 and petitioners. In the light of the settlement reached and the present stand of respondent Nos.1 to 5 there is no possibility of having a successful culmination for the prosecution. Hence I am inclined to allow this petition.

Resultantly this criminal miscellaneous case is allowed. Annexure-I, final report in Crime No.106 of 2009 of Kumbala Police Station, cognizance taken and proceedings in C.C.No.314 of 2009 of the court of learned Chief Judicial Magistrate, Kasaragod against respondent Nos.1 to 5 are quashed.

(THOMAS P JOSEPH, JUDGE) Sbna/-

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