Kerala High Court
Abdul Rahim B.A vs The State Of Kerala on 1 October, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY ,THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940
Crl.MC.No. 5310 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 1460/2016 of J.M.F.C.-II, HOSDURG
CRIME NO. 250/2016 OF BEKAL POLICE STATION, KASARAGOD
PETITIONER/ACCUSED 1 TO 3:
1 ABDUL RAHIM B.A.,
AGED 29 YEARS, S/O. ABDUL KHADER, RESIDING AT KBM
HOUSE, KUNIYA, PERIYA VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT.
2 ABDUL RAFI B.A.,
AGED 20 YEARS, S/O. ABDUL KHADER, RESIDING AT KBM
HOUSE, KUNIYA, PERIYA VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT.
3 GAFOOR, AGED 34 YEARS, S/O. UMMER, RESIDING AT
SAKKIRA QUARTERS, KUNIYA, PERIYA VILLAGE, HOSDURG
TALUK, KASARAGOD DISTRICT.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
RESPONDENT/STATE:
1 THE STATE OF KERALA
THROUGH THE STATION HOUSE OFFICER, BEKAL POLICE
STATION, KASARAGOD DISTRICT, REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2 MARIYAMBI, W/O. HASAINAR, AGED 35 YEARS, RESIDING AT
ARAFA NAGAR, KUNIYA PERIYA VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT.
BY ADV. SMT.G.SANGEETHA
OTHER PRESENT:
SREEJA V PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5310 of 2018
2
O R D E R
Petitioners are accused Nos.1 to 3 in Crime No.250/2016 of Bekal Police Station, Kasaragod District for offences punishable under Sections 323, 354, 452, 427, 294(b), 506(i) read with Section 34 of IPC. The crux of the prosecution allegation is that, on 11.05.2016, due to previous enmity, the accused trespassed into the building in which the de facto complainant and her children were residing, assaulted and abused them. Complaint was laid and crime was registered. After investigation final report has been laid and the matter is now pending as C.C.No.1460/2016 of Judicial First Class Magistrate Court II, Hosdurg.
2. Facing the prosecution, the parties are stated to have resolved their disputes. Petitioners contended that the settlement is evidenced by Annexure A3 affidavit. Learned counsel for the 2nd respondent de facto complainant acknowledged the due execution of the above affidavit and submitted that Crl.MC.No. 5310 of 2018 3 she does not intent to pursue the criminal proceedings.
3. The learned Public Prosecutor on instructions submitted that the parties have resolved their disputes and they have no further surviving grievance.
4. There is nothing on record to show that the petitioners are involved in any other crime. Having considered the entire facts, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. and to quash the entire criminal proceedings.
Accordingly, Crl.M.C. is allowed. All further proceedings in C.C.No.1460/2016 of Judicial First Class Magistrate Court II, Hosdurg stand quashed.
Sd/-
SUNIL THOMAS, JUDGE Crl.MC.No. 5310 of 2018 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO 250/2016 OF BEKAL POLICE STATION.
ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.250/2016 OF BEKAL POLICE STATION.
ANNEXURE A3 THE AFFIDAVIT DATED 16/7/2018 SWORN IN BY THE 2ND RESPONDENT.Pn 01/10