Ibrahim.O.P vs The State Of Kerala on 29 January, 2019

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Kerala High Court

Ibrahim.O.P vs The State Of Kerala on 29 January, 2019

Bench: B.Sudheendra Kumar

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

     TUESDAY ,THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940

                      Crl.MC.No. 588 of 2019

  AGAINST THE ORDER/JUDGMENT IN SC 294/2015 of DISTRICT COURT &
                     SESSIONS COURT,MANJERI

    CRIME NO. 290/2014 OF MANKADA POLICE STATION , Malappuram



PETITIONER/S/ACCUSED:
       1     IBRAHIM.O.P
             AGED 55 YEARS
             S/O.KOYAMU(LATE), ODUPPURAMBAN HOUSE, VALAMBUR AMSOM,
             TIRUKAD, MALAPPURAM DISTRICT.

      2      ANWAR ATHIKODAN
             AGED 36 YEARS
             S/O.KUNJAHAMMED, ATHIKODAN HOUSE, VALABUR ASMOM,
             TIRUKAD, MALAPPURAM DISTRICT.

             BY ADV. SRI.E.C.AHAMED FAZIL


RESPONDENT/S/STATE - COMPLAINANT & VICTIMS:
       1     THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

      2      THE SUB INSPECTOR OF POLICE
             MANKADA POLICE STATION, MALAPPURAM DISTRICT-679324.

      3      SAKKEER
             AGED 44 YEARS
             S/O.MOOSA, THONIKARA HOUSE, THIRURKAD AMSOM DESOM,
             MALAPPURAM DISTRICT-679321.

      4      KAREEM
             AGED 56 YEARS
             S/O.KUNHIMOHAMMED (LATE), PAYASADATH HOUSE, THIRUKAD
             AMSOM, MALAPPURAM DISTRICT-679321.

             BY ADV. SRI.SHAHIM BIN AZIZ
             BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No. 588 of 2019

                               2




                         O R D E R

The petitioners are accused in S.C.No.294 of 2015 on the files of the court below. The offences alleged are punishable under Sections 324, 326, 308 and 506 (i) read with Section 34 IPC, Section 118 (d) of the Kerala Police Act.

2. The third and the fourth respondents are the injured, who filed separate affidavit stating that the matter has been settled and hence they have no further grievance against the petitioners.

3. Having heard the learned Counsel for the petitioners and the learned Counsel for respondent Nos. 3 and 4, I am satisfied that the respondent Nos. 3 and 4 filed the Crl.MC.No. 588 of 2019 3 affidavit voluntarily.

4. Considering the facts and circumstances of the case, I am of the view that the settlement of the dispute in this case will lead to peace and harmony in the locality. In the said circumstances, I am inclined to quash the final report and further proceedings against the petitioners in S.C.No.294 of 2015 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. It is ordered accordingly.

In the result, this Crl.M.C. stands allowed as above.

Sd/-

B.SUDHEENDRA KUMAR RK/29.01.2019 JUDGE //TRUE COPY// PA TO JUDGE Crl.MC.No. 588 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.290 OF 2014 OF MANKADA POLICE STATION, MALAPPURAM DISTRICT. ANNEXURE A2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT. ANNEXURE A3 AFFIDAVIT SWORN IN BY 4TH RESPONDENT. RESPONDENT'S/S EXHIBITS:NIL //TRUE COPY// PA TO JUDGE RK

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