Kabeer vs Abdul Rahman
2021 Latest Caselaw 16709 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        CRL.MC NO. 3376 OF 2021
         CRIME NJO.918/2015 OF CHERPULASSERY POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CC 571/2016 OF JUDICIAL MAGISTRATE OF
                 FIRST CLASS - I, OTTAPPALAM, PALAKKAD
PETITIONER/S:

     1     KABEER,
           AGED 26 YEARS
           S/O.MUHEMMEDALI, KURUMBOTTUTHODI HOUSE, NELLAYA P.O.,
           CHERPULASSERY, PALAKKAD DISTRICT-679 335.

     2     SUBAIR,
           S/O.ABDULKHADER, AGED 23 YEARS, KUNNATHPEEDIKAKKAL HOUSE,
           POMBILAYA P.O., CHERPULASSERY, PALAKKAD DISTRICT-679 335.

     3     SUBAIR,
           S/O.MUHAMMED, AGED 24 YEARS, KUNNATHPEEDIKAKKAL HOUSE,
           POMBILAYA P.O., CHERPULASSERY, PALAKKAD DISTRICT-679 335.

     4     SALMAN FARIS,
           S/O.BAPPUTTI, AGED 24 YEARS, AINIKKATHODI HOUSE,
           PULAKKAD, NELLAYA P.O., CHERPULASSERY, PALAKKAD DISTRICT-
           679 335.

     5     MUNEER,
           S/O.ABDUL KHADER, AGED 25 YERS, KUNNATHPEEDIKAKKAL HOUSE,
           POMBILAYA P.O., CHERPULASSERY, PALAKKAD DISTRICT-679 335.

     6     ANSAR,
           S/O.ABDULKHADER, AGED 28 YEARS, CHALAPURATH HOUSE,
           PIMBILAYA P.O., CHERPULASSERY, PALAKKAD DISTRICT-679 335.

           BY ADV MUHAMMED IBRAHIM ABDUL SAMAD
 Crl.M.C.No. 3376 of 2021

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RESPONDENT/S:

      1        ABDUL RAHMAN,
               AGED 32 YEARS
               S/O.SRAJU, PULAKKAL HOUSE, PULAKKAD, NELLAYA P.O.,
               CHERPULASSERY, PALAKKAD DISTRICT-679 335.

      2        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM-31.

               R1 BY ADV P.G.GOKULNATH

               R2 BY SRI.T.R.RENJITH-SR PP



OTHER PRESENT:




      THIS    CRIMINAL     MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No. 3376 of 2021

                                           3




                                    O R D E R

Dated this the 11th of August 2021

The petitioners are accused 1 to 6 in Crime No.918/2015

of Cherpulassery Police Station for having allegedly

committed the offences punishable under Sections 143, 147

and 323 read with Section 149 of the I.P.C. The final

report has been filed and taken on the files of the

Judicial First Class Magistrate Court, Ottappalam as

C.C.No.571/2016.

2. The petitioners state that they have settled the

matter with the de facto complainant/injured, who is the 1 st

respondent herein. The 1st respondent has also appeared

through a Counsel and filed Annexure-3 affidavit stating

that he has no objection in quashing the proceedings

against the petitioners since the matter has been settled.

3. The learned Public Prosecutor has also received

instructions regarding the genuineness of the settlement. Crl.M.C.No. 3376 of 2021

The petitioner has no criminal antecedents. No public

interest is involved. The main offence is compoundable.

Resultantly, the Crl.M.C. is allowed and the entire

proceedings as against the petitioners in Crime No.918/2015

of Cherpulassery Police Station, presently pending as

C.C.No.571/2016 on the files of the Judicial First Class

Magistrate Court, Ottappalam, shall stand quashed under

Section 482 of Cr.P.C. and the petitioners are discharged

and set at liberty.

Sd/-

ASHOK MENON JUDGE Crl.M.C.No. 3376 of 2021

APPENDIX OF CRL.MC 3376/2021

PETITIONER ANNEXURE

Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO.918/2015 OF CHERPULASSERY POLICE.

Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.918/2015 OF CHERPULASSERY POLICE.

Annexure 3 AFFIDAVIT FILED BY 1ST RESPONDENT DATED 15.03.2021.