Kerala High Court
Abdurahiman Darimi vs The State Of Kerala
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937
Crl.MC.No. 728 of 2016
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CC 107/2015 OF CHIEF JUDICIAL MAGISTRATE, MANJERI
CRIME NO. 96/2012 OF KARIPUR POLICE STATION, MALAPPURAM
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PETITIONER(S)/ACCUSED:
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ABDURAHIMAN DARIMI,
S/O ABDULLAKUTTY, AALPARAMBU HOUSE
ANTHIYOORKUNNU P.O., AALPARAMBU, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENT(S)/STATE DEFACTO COMPLAINANT AND INJURED:
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1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, COCHIN-682 011,
FOR THE SUB INSPECTOR OF POLICE,
KARIPUR POLICE STATION, MALAPPURAM DISTRICT.
2. THAZHATHERI MOOSA,
S/O UNNEN KUTTY, AALPARAMBU HOUSE, ANTHIYOORKUNNU P.O.,
MALAPPURAM DISTRICT, PIN:673 637.
3. THAZHATHERI ABDURAHIMAN, AGED 39 YEARS,
S/O UNNEN KUTTY, KARIPURATH HOUSE, ANTHIYOORKUNNU P.O.,
MALAPPURAM DISTRICT, PIN:673 637.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
R2 & R3 BY ADV. SMT.K.NISHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 728 of 2016
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APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A: TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO.96/2012 OF
THE KARIPUR POLICE STATION.
ANNEXURE B: TRUE COPY OF JUDGMENT DATED 8.10.2015 IN C.C.NO.34/2013 OF
THE C.J.M., MANJERI.
ANNEXURE C: TRUE COPY OF AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
DATED 1.2.2016.
ANNEXURE D: TRUE COPY OF AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT
DATED, 1.2.2016.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
B. KEMAL PASHA, J.
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CRL.M.C. No. 728 of 2016
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Dated this the 16th day of February, 2016
O R D E R
The petitioner is the accused in C.C. No.107 of 2015 of the Chief Judicial Magistrate's Court, Manjeri, which has arisen from Crime No.96 of 2012 of the Karipur Police Station, Malappuram, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 506(i) of the Indian Penal Code read with Section 149 IPC.
2. Altogether, there were 8 accused. All the other accused except the petitioner were acquitted in C.C.No.34/2013 of the Chief Judicial Magistrate's Court, Manjeri, as per Annexure B judgment. All the witnesses turned hostile and did not support the prosecution case. The case against the petitioner was split up and refiled as C.C.No.107/2015.
CRL.M.C.No. 728 of 2016 -: 2 :-
4. The matter has been amicably settled between the petitioner and 2nd and 3rd respondent, who are the defacto complainant and the injured. They have filed separate affidavits as Annexures C and D affirming that the matter has been amicably settled between them and the petitioner, and they have no complaints against the petitioner. The injuries sustained to the injured are trivial.
5. No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.107 of 2015 pending before the Chief Judicial Magistrate's Court, Manjeri, as against the petitioner, based on Annexure A Final Report in Crime No.96/2012 of the Karipur Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.107 of 2015 pending before the Chief Judicial Magistrate's Court, Manjeri, as against the CRL.M.C.No. 728 of 2016 -: 3 :- petitioner, based on Annexure A Final Report in Crime No.96/2012 of the Karipur Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge