Kerala High Court
Anwar Salim Aged 27 Years vs Basheer Kunnil @ Ahammed Basheer on 6 November, 2014
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 6TH DAY OF NOVEMBER 2014/15TH KARTHIKA, 1936
Crl.MC.No. 6230 of 2014 ()
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IN CC 558/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG
CRIME NO. 253/2012 OF BEKAL POLICE STATION , KASARAGOD
PETITIONER(S)/ACCUSED:
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1. ANWAR SALIM AGED 27 YEARS
S/O.MOHAMMED KUNHI HAJI, NAZAR MANZIL, HADDAD NAGAR
PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
2. ASKAR MOHAMMED @ AKKU, AGED 30 YEARS
S/O.MOHAMMED KUNHI HAJI, NAZAR MANZIL, HADDAD NAGAR
PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.P.K.SUBHASH
RESPONDENT(S)/DEFACTO COMPLAINANT/STATE:
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1. BASHEER KUNNIL @ AHAMMED BASHEER, AGED 49 YEARS
S/O.MUHAMMED KUNHI, P.C.HOUSE, BEKAL KUNNIL
HADDAD NAGAR, PALLIKARA VILLAGE, KASARAGOD DISTRICT. 671121
2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADV. SRI.A.ARUNKUMAR
R2 BY PUBLIC PROSECUTOR SMT. S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-11-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6230 of 2014 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1: A TRUE COPY OF THE FIR IN CRIME NO.253/2012 OF BAKEL POLICE
STATION, KASARAGOD DISTRICT.
ANNEXURE AII: ATRUE COPY OF THE FINAL REPORT
ANNEXURE AIII: TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT
ENDORSING THE FACTUM OF COMPOUNDING OF THE SAID OFFENCES AND THE
SETTLEMENT OF THE DISPUTES
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
PATO JUDGE
sab
P.UBAID, J.
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Crl. M.C No. 6230 of 2014
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Dated this the 6th day of November, 2014.
O R D E R
The petitioners herein are the two accused in C.C No.558/12 of the Judicial First Class Magistrate Court - II, Hosdurg. Crime in the said case (Crime No.253/2012) of the Bakel Police Station, was registered under Sections 324, 341, 506(ii) IPC, on the complaint of one Basheer Kunnil. He is the first respondent in this proceeding. After investigation, the police submitted final report under Sections 341, 324 and 506 (ii) IPC on which cognizance was taken by the trial court. The accused now seek orders quashing the prosecution on the ground that they and the complainant have settled the dispute amicably. The first respondent has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. From the affidavit I am satisfied that there is a real settlement between the parties, and the dispute between them stands resolved. In such a situation no witness will support the prosecution, if the case goes to trial, and continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. I find that prosecution can Crl. M.C No. 6230 of 2014 be quashed by applying the guidelines made by the Hon'ble Supreme Court.
In the result, this petition is allowed. The prosecution as against the petitioners herein in C.C No.558/2012 of the Judicial First Class Magistrate Court - II, Hosdurg will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab