Kerala High Court
Farook .H @ Kuttymon vs State Of Kerala on 21 January, 2019
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY ,THE 21ST DAY OF JANUARY 2019 / 1ST MAGHA, 1940
Crl.MC.No. 107 of 2019
AGAINST THE ORDER IN CC 606/2018 of J.M.F.C.-I,PATHANAMTHITTA
CRIME NO. 2630/2017 OF PATHANAMTHITTA POLICE STATION ,
PATHANAMTHITTA
PETITIONERS/ACCUSED NOS.1 TO 3:
1 FAROOK .H @ KUTTYMON,
AGED 30 YEARS,
S/O LATE HASSANKUTTY, SASTHAMKULAM PURAYIDAM,
KULASEKHARAPATHY, PATHANAMTHITTA DISTRICT.
2 ARSHAD S.,
AGED 24 YEARS,
S/O SALIM, KEEZHUMALA PURAYIDAM, KUMBAZHA P.O.,
PATHANAMTHITTA DISTRICT.
3 SHEFRIN,
AGED 23 YEARS,
S/O SHERIFF, ALANKARATHU HOUSE, KULASEKHARAPATHY,
PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENTS/STATE/COMPLAINANT/INJURED:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 RAHUL KRISHNAN,
AGED 26 YEARS,
S/O UNNIKRISHNAN NAIR, SARASWATHY VILASOM,
ELAPPUPARA, V.KOTTAYAM, PATHANAMTHITTA DISTRICT-689
545.
3 PRANAV,
AGED 21 YEARS,
S/O PRASANNAKUMAR, SUJATHA BHAVANAM, PULIMUKKU,
PRAMADAM VILLAGE, PATHANAMTHITTA DISTRICT-689 545.
Crl.MC.No. 107 of 2019
-:2:-
R2 AND R3 BY ADV. SRI.R.RAJESH
OTHER PRESENT:
R1 BY PUBLIC PROSECUTOR SMT. V. SREEJA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 107 of 2019
-:3:-
O R D E R
The petitioners are accused in C.C.No.606 of 2018 on the files of the court below. The offences alleged are punishable under Sections 294(b), 323, 324 and 308 read with Section 34 of the Indian Penal Code.
2. The 2nd and the 3rd 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. The learned Public Prosecutor, on instructions, has submitted that the matter has been settled by the parties and hence, the 2 nd and the 3rd respondents have no further grievance against the petitioners.
4. Considering the facts and circumstances of the case, including the nature of allegations, 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 C.C.No.606 of 2018 on the files of the court below, in exercise of the inherent power under Section 482 of Crl.MC.No. 107 of 2019 -:4:- the Code of Criminal Procedure, 1973, 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 JUDGE DST Crl.MC.No. 107 of 2019 -:5:- APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.2630/2017 OF PATHANAMTHITTA POLICE STATION.
ANNEXURE B TRUE COPY OF THE CHARGE SHEET IN CRIME NO.2630/2017 OF PATHANAMTHITTA POLICE STATION.
RESPONDENTS EXHIBITS : NIL //True Copy// P.A.To Judge