Mayan vs S.I. Of Police on 30 January, 2019

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Kerala High Court

Mayan vs S.I. Of Police on 30 January, 2019

Bench: B.Sudheendra Kumar

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

 WEDNESDAY,THE 30TH DAY OF JANUARY 2019 / 10TH MAGHA, 1940

                     Crl.MC.No. 7789 of 2018

   CRIME NO. 238/2018 OF Padinjarethara Police Station ,
                          Wayanad


PETITIONER/S:

      1       MAYAN,AGED 52 YEARS
              S/O.AVULLA HAJI, NADUKKANI HOUSE,
              PADINJARETHARA P.O., VITHIRI THALUK, WYNAD
              DISTRICT.

      2       SHAMEER,AGED 29 YEARS
              S/O.MAYAN, NADUKKANDI HOUSE, PADINJARETHARA
              P.O., VITHIRI THALUK, WYNAD DISTRICT.

              BY ADVS.
              SRI.ZUBAIR PULIKKOOL
              SMT.FATHIMATHU ZAINABU MUHAMMED K.

RESPONDENT/S:
      1     S.I. OF POLICE,
            PADINJARETHARA POLICE STATION, REPRESENTED BY
            PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682 031.

      2       HARIS,S/O.ANDRU, AGED 30 YEARS, NADUKKANDI
              HOUSE, PADINJARETHARA P.O., VITHIRI THALUK,
              WYNAD DISTRICT, PIN - 673 576.

      3       SUHAIL,S/O.SULAIMAN, AGED 20 YEARS, NADUKKANDI
              HOUSE, PADINJARETHARA.P.O., VITHIRI THALUK,
              WYNAD DISTRICT, PIN - 673 576.

              BY ADV. SRI.B.MUHAMMED SHAHEEL

OTHER PRESENT:
            SMT.V.SREEJA,PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No. 7789 of 2018



                            -2-



                          ORDER

The petitioners are the accused in Crime No.238 of 2018 of Padinjarethara Police Station registered for the offences punishable under Sections 341, 323, 324, 506, 294(b) and 308 IPC.

2. Heard.

3. The respondent Nos.2 and 3 are the injured in this case, who filed separate affidavit stating that they have no objection in quashing the proceedings.

4. The learned Public Prosecutor, on instructions, has submitted that the matter has been settled by the parties. Having heard the learned counsel for the petitioners and the learned counsel for respondent Nos.2 and 3, I am satisfied that respondent Nos.2 and 3 filed the affidavit Crl.MC.No. 7789 of 2018 -3- voluntarily. Considering the nature of the allegations, I am of the view that the dispute involved in this case is personal in nature. In the said circumstances, I am inclined to quash the FIR and further proceedings against the petitioners in Crime No.238 of 2018 of Padinjarethara Police Station, 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.

Dated this the 30th day of January 2019.

sd B. SUDHEENDRA KUMAR, JUDGE.

dl/ Crl.MC.No. 7789 of 2018 -4- APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF FIR 238/2018 OF PADINJARETHARA POLICE STATION - WYNAD DISTRICT.

ANNEXURE 2 SWORN AFFIDAVIT OF 2ND RESPONDENT. ANNEXURE 3 SWORN AFFIDAVIT OF 3RD RESPONDENT.

RESPONDENT'S/S EXHIBITS:    NIL

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