Kerala High Court
Sainul Abideen vs The State Of Kerala on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
CRL.MC NO. 1217 OF 2021
CRIME NO.504/2016 OF PATTAMBI POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN SC 311/2017 OF ADDITIONAL DISTRICT
COURT, OTTAPALAM, PALAKKAD
PETITIONER/S:
1 SAINUL ABIDEEN
AGED 31 YEARS
S/O. MOOSA, VALIYATHODI HOUSE, MOONUMALA, CHERUKADANGAD,
PALLIPURAM, PALAKKAD DISTRICT-679 305 , NOW RESIDING AT
PERASANNUR, NILAMPATHI, MALAPPURAM DISTRICT-679 571
2 MUHAMMED BACKER NISAMUDHEEN,
AGED 31 YEARS
S/O. ABOOBACKER, PALLIYIL HOUSE, PERASANTHUR POST,
EDACHALAM, KUTTIPURAM, MALAPPURAM DISTRICT-679 571
3 HAMEED
AGED 39 YEARS
S/O. SULAIMAN, MELETHIL HOUSE, KALADI, THAVANOOR,
MALAPPURAM DISTRICT-679 573, NOW RESIDING AT, PERASANNUR,
KUNNUMPURATH 679 571.
BY ADV E.C.AHAMED FAZIL
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
CRL.MC NO. 1217 OF 2021
2
2 THE SUB INSPECTOR OF POLICE
PATTAMBI POLICE STATION, PALAKKAD DISTRICT-679 303
3 SANIL KUMAR
AGED 28 YEARS
S/O. VASUDEVAN, MANAGATUTHODI HOUSE, PAPPADAPADIVEED,
NADUVATTOM, PALAKKAD DISTRICT-679 308
4 VINIL KUMAR
AGED 28 , S/O. VASUDEVAN, MANAGATUTHODI HOUSE,
PAPPADAPADIVEED, NADUVATTOM, PALAKKAD DISTRICT-679 308
R3-R4 BY ADV NIYAS MOHAMMED
OTHER PRESENT:
R1-R2 BY SMT.REKHA.C.NAIR,SRPP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 1217 OF 2021
3
O R D E R
Dated this the 2nd day of July 2021
The petitioners are accused in Crime No.504/2016 of
Pattambi Police Station for having allegedly committed the
offences punishable under Sections 447, 342, 364(A) and
506(i) read with Section 34 of the I.P.C.
2. The 3rd respondent is the de facto complainant and
the 4th respondent is the victim, who was allegedly
kidnapped and detained. The petitioners state that the
matter has been settled with respondents 3 and 4, and
therefore, the matter may be quashed under Section 482 of
the Cr.P.C. Respondents 3 and 4 have appeared through
Counsel and filed affidavits stating that the matter has
been amicably settled and that they do not have any
grievance against the petitioners.
3. The learned Public Prosecutor, under instructions,
also submits that there is a report from the investigating
officer regarding the settlement of the dispute. The
CRL.MC NO. 1217 OF 2021
learned Counsel appearing for the petitioners submits that
it was a money transaction in which respondents 3 and 4 had
filed a complaint of kidnapping and illegal detention. Now
that money matter has been settled and there is no
grievance for respondents 3 and 4. There is no public
interest involved and the petitioners do not have any
criminal antecedents.
Resultantly, the Crl.M.C. is allowed and the entire
proceedings as against the petitioners in Crime No.504/2016
of Pattambi Police Station, which is presently pending as
S.C.No.311/2017 on the files of the Additional District &
Sessions Court, Ottapalam, stands quashed under Section 482
of Cr.P.C. and the petitioners are discharged and set at
liberty.
Sd/-
ASHOK MENON
JUDGE
dkr
CRL.MC NO. 1217 OF 2021
APPENDIX OF CRL.MC 1217/2021
PETITIONER ANNEXURE
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.
504 OF 2016 OF PATTAMBI STATION, MALAPPURAM
DISTRICT.
ANNEXURE A2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT.
ANNEXURE A3 AFFIDAVIT SWORN IN BY 4TH RESPONDENT.
