Kerala High Court
Murshid vs Sameer M.P on 16 March, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938
Crl.MC.No. 1669 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CC 835/2015 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT,VADAKARA
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CRIME NO. 483/2015 OF VATAGARA POLICE STATION , KOZHIKODE
PETITIONER(S)/CCUSED NOS.1 TO 6:
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1. MURSHID,
S/O.IBRAHIM,AGED 27 YEARS,CHERUMADATHIL HOUSE,
MANGALAD,PONMERI PARAMBIL,P.O.VILLIPPALLY.
2. MUHAMME FAYIS.C.K,
S/O.MOIDEEN KUTTY,AGED 21 YEARS,CHERUVATH KANDY
HOUSE,PONMERI PARAMBIL,MANGALAD.P.O,VILLIAPPALLY.
3. AMMER.M,
S/O.MOIDU,AGED 21 YEARS,MECHERRY MEETHAL HOUSE,
PONMERI PARAMBU.P.O,MANGALAD,VILLIPPALLY.
4. AJMAL.V.P,
S/O.HAMEED,AGED 21 YEARS,VALIYAPARAMBATH HOUSE,
PONMERI PARAMBIL,MANGALAD.P.O.
5. MUHAMMED SABEER,
S/O.KUNHABDULLA,AGED 21 YEARS,KOTTAYULLATHIL HOUSE,
PONMERI PARAMBIL,VILLIPALLY.P.O.
6. RAYEES.P.M,
S/O. KUNHALI,AGED 23 YEARS,PATTERIMALAMMEL HOUSE,
PONMERI PARAMBIL,MANGALAD.P.O.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT(S)/COMPLAINANT & STATE:
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1. SAMEER M.P,
AGED 39 YEARS,S/O.POKKER,PADINJARE MOOLAMMEL HOUSE,
KUNINGAD.P.O,PURAMERI,VADAKARA-673101.
2. THE SUB INSPECTOR OF POLICE,
VADAKARA POLICE STATION,KOZHIKODE DISTRICT-673101.
3. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY ADV. SRI.CIBI THOMAS
BYSRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1669 of 2017 () 2
APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE-I TRUE COPY OF THE FINAL REPORT
ANNEXURE -II TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL
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//TRUE COPY//
PA TO JUDGE
R.AV
SUNIL THOMAS, J.
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Crl.M.C.No.1669 of 2017
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Dated this the 16th day of March, 2017
ORDER
The petitioners are accused Nos.1 to 6 in CC.No.835/2015 on the files of the Judicial First Class Magistrate Court, Vadakara arising from Crime No.483/2015 of Vatakara police station for offences punishable under sections 143 147, 148, 341, 323, 324 read with 149 of the Indian Penal Code.
2. It was alleged by the first respondent herein that on 9.5.2015, at 3.45 pm, while the first respondent was driving his lorry, it was intercepted by the accused who came on motor cycle. They pulled him out of the vehicle and assaulted. It was alleged that he was beaten up, and injuries inflicted on the various parts of the body, including face. Complaint was laid and crime was registered. After investigation final report was laid.
3. Pending the proceedings, the accused have approached this court contending that they have resolved the dispute with the first respondent and he has no Crl.M.C.No.1669 of 2017 2 surviving grievance. It was submitted by the first respondent that he has settled the matter and he has no grievance against the petitioners. It was further submitted that the criminal proceedings can be quashed pursuant to the affidavit filed by him reiterating the settlement. The learned Public Prosecutor on instructions submitted that the first accused is involved in crime no.1404/2011 of Vatakara police station for offences under section 326 and 308 IPC. The other accused are not involved in any other crime. It was further submitted that the dispute was reported to be settled between the parties. Though the conduct of the first accused does not appear to be appreciable, because of his criminal track record, still considering the submission of the learned counsel for the petitioners that the accused have resolved not to get themselves involved in criminal cases in future and also that they propose to lead a peaceful life now, and also considering the fact of settlement and further fact that the present case do not involve very serious offences, I am inclined to give one more opportunity to Crl.M.C.No.1669 of 2017 3 the petitioners herein to mend their case. Having considered this I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the entire proceedings.
Crl.M.C is allowed. All further proceedings in CC.No.CC.No.835/2015 on the files of the Judicial First Class Magistrate Court, Vadakara arising from Crime No.483/2015 of Vatakara police station against the petitioners herein stand quashed.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge