Kerala High Court
Abdu Rahiman vs Kuttiali on 4 January, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 20TH DAY OF JANUARY 2017/30TH POUSHA, 1938
Crl.MC.No. 190 of 2017 ()
--------------------------
AGAINST THE ORDER/JUDGMENT IN CC 1165/2016 of J.M.F.C., NADAPURAM
CRIME NO. 466/2011 OF NADAPURAM POLICE STATION, KOZHIKODE
PETITIONER(S)/PETITIONER/ACCUSED:
--------------------------------
ABDU RAHIMAN
S/O.MUHAMMED, AGED 33 YEARS, KARIYA MAKOOL HOUSE,
KUNINGAD P.O., PURAMERI, KOZHIKODE DISTRICT.
BY ADV. SRI.M.MUHAMMED SHAFI
RESPONDENT(S)/RESPONDENTS/STATE OF DE-FACTO COMPLAINANTS:
---------------------------------------------------------
1. KUTTIALI
S/O.MOIDU HAJI, AGED 61 YEARS, CHATHANGOTT HOUSE,
P.O.PURAMERI, KOZHIKODE DISTRICT-673503.
2. ABDULLA HAJI
AGED 63 YEARS, S/O.MOIDU HAJI, MEETHALE NEROTH HOUSE,
KUNINGAD P.O., KOZHIKODE DISTRICT-673503.
3. STATE OF KERALA
(SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION)
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
R1-2 BY ADV. SMT.LALIZA.T.Y.
R3 BY PUBLIC PROSECUTOR SRI.T.R.RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 190 of 2017 ()
--------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
ANNEXURE A1 COPY OF THE CHARGE IN CRIME NO.466/2011 OF NADAPURAM
POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT IN CC.NO.489/2014 OF
JFCM COURT, NADAPURAM.
ANNEXURE A3 AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 4-1-2017.
ANNEXURE A4 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 4-1-2017.
RESPONDENT(S)' EXHIBITS : NIL
-----------------------
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
-------------------------------------------
Crl. M. C. No. 190 of 2017
-------------------------------------------
Dated this the 20th day of January, 2017
O R D E R
The petitioner herein is arrayed as the 5th accused from which C.C.No.489/2014 arose. The allegation of the prosecution was that, on 12.09.2011 at about 1.45 p.m., the accused Nos.1 to 5 trespassed into the house while a cultural programme was going on and wrongfully restrained the defacto complainant and others. It was alleged that, they were beaten up and caused damage to the properties. On the basis of the complaint lodged crime was registered. After investigation final report was filed. Original accused Nos.1 and 4 faced the trial. They were convicted and sentenced to undergo simple imprisonment till rising of the court in C.C.No.893/2011. Thereafter, the matter was settled between the remaining accused. The remaining accused faced the trial in C.C. No.489/2014 evidenced by Annexure A2. They were acquitted. The petitioner herein alone was left out since he did not appear before the court below. The case against the petitioner is now pending as C.C.No.1165/2016 of Judicial First Class Magistrate Court, Nadapuram.
Crl. M. C. No. 190 of 2017 2
2. The petitioner has now approached this Court with a contention that, in the light of the subsequent settlement and consequent acquittal of the accused, the petitioner is also entitled for the benefit since the substratum of the case is lost. To buttress that contention that the matter has been settled, the learned counsel for the petitioner and the learned counsel for the respondents 1 and 2 relied on their respective affidavits produced as Annexures A3 and A4. It was submitted by them that they are proposed to give a quietus to the entire disputes.
3. Having regard to these facts and the submission of the learned Public Prosecutor that Annexure A2 judgment is not under challenge in any other proceedings and that the petitioner is not involved in any other case, I feel that no purpose will be served by prosecuting on an offence which arose about 6 years back. Having regard to these facts and in the light of the settlement arrived at between the parties, I am inclined to allow the Crl.M.C. In the result, Crl. M.C. is allowed. All further proceedings in C.C.No.1165/2016 of Judicial First Class Magistrate Court, Nadapuram stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn