Shuhaib vs State Of Kerala
2021 Latest Caselaw 16262 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
     WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        CRL.MC NO. 2307 OF 2021
         CRIME NO.1024/2014 OF Hosdurg Police Station, Kasargod
  AGAINST THE ORDER/JUDGMENT IN SC 618/2015 OF SUB COURT, HOSDRUG,
                                KASARGOD
PETITIONERS/ACCUSED 1 & 2:

     1      SHUHAIB
            AGED 31 YEARS
            S/O ABDULLA,
            THOTTI (H),
            KEEKKAN, PALLIKKARA,
            KASARGOD, PIN-671316.

     2      SHIHAB
            AGED 27 YEARS
            S/O ABOOBACKER,
            KEEKKAN,
            MOUVVAL,
            PALLIKKARA,
            KASARGOD, PIN-671316.

            BY ADVS.
            RAHUL SASI
            SMT.NEETHU PREM



RESPONDENTS/STATE & COMPLAIANANT:

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM-682031.

     2      NUHMAN K.K.
            AGED 27 YEARS
            S/O ABDUL RAHMAN,
            SHAMEEMA MANZIL,
 CRL.MC NO. 2307 OF 2021          2

          BALLAKADAPPURAM,
          HOSDURG, KASARGOD, PIN-671531.

          BY ADV NIRMAL V NAIR

           SRI.C.S.HRITHWIK SR.PP




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2307 OF 2021                3

                              ORDER

Dated this the 4th day of August, 2021

Petitioners are accused in Crime No.1024/2014 of Hosdurg

Police Station for having allegedly committed offences punishable

under Sections 341, 324 and 308 r/w Section 34 of IPC. The final

report has already been filed and the matter is presently pending trial

before the Assistant Sessions Court, Hosdurg as S.C No.618/2015.

2. The de facto complainant is the 2nd respondent herein. The

petitioners state that the matter has been amicably settled with the

de facto complainant and that the entire proceedings as against them

may be quashed. The de facto complainant is residing abroad and he

has sent an affidavit signed before the Consulate General of India in

Dubai as Annexure A2.

3. The learned Public Prosecutor has also received information

regarding the genuineness of the settlement. The de facto complaint

states that he has no objection in quashing the proceedings against

the petitioners as the entire matters have been amicably settled with

them. The petitioners have no criminal antecedents. There is no

public interest involved. The injury alleged sustained by the de facto

complainant is not life threatening.

Hence, the petition is allowed and the entire proceedings as

against the petitioners in Crime No.1024/2014 of Hosdurg Police

Stations presently pending as SC No.618/2015 on the files of the

Assistant Sessions Court, Hosdurg stands quashed under Section 482

of Cr.P.C. and the accused are discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE rmm

APPENDIX OF CRL.MC 2307/2021

PETITIONER ANNEXURE

ANNEXURE-A1 CERTIFIED COPY THE FINAL REPORT IN CRIME NO.1024 OF 2014 OF HOSDURG POLICE STATION WITH MEMO OF EVIDENCE.

ANNEXURE-A2 AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 28/03/2021.