Sulaiman vs State Of Kerala
2021 Latest Caselaw 15776 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                     THE HONOURABLE MR. JUSTICE ASHOK MENON

             FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943

                            CRL.MC NO. 3183 OF 2021

  AGAINST THE ORDER/JUDGMENT IN SC 337/2019 OF SUB COURT, VADAKARA, KOZHIKODE

          (CRIME NO. 97/2016 OF NADAPURAM POLICE STATION, KOZHIKODE).

PETITIONER/ACCUSED NO.1.:

             SULAIMAN
             AGED 27 YEARS
             S/O. YUSAF, KILAYIL, PALLIPARA BUND HOUSE, THUNERI P.O.,
             KOZHIKODE-673 504
             BY ADV M.R.SASITH


RESPONDENTS/DEFACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM,PIN-682 031
     2       THE SUB INSPECTOR OF
             NADAPURAM POLICE STATION, KOZHIKODE ,PIN-673 504
     3       SUNIL KUMAR
             AGED 29 YEARS
             S/O. KUNHIRAMAN, KURUVANTE KIZHAKKAYIL, THUNERI P.O., KOZHIKODE-
             673 504
             BY ADV RANJITH E N


OTHER PRESENT:

             SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2021, THE

COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.3183 OF 2021    2




                              O R D E R

Dated this the 30th day of July 2021

The petitioner is the first accused in Crime

No.97/2016 of Nadapuram Police Station, for having

allegedly committed the offences punishable under

Sections 143, 147,148, 341, 323, 324 & 308 read

with Section 149 of the IPC.

2. The injured defacto complainant is the third

respondent herein. The petitioner states that the

matter has been amicably settled between the

petitioner and the defacto complainant third

respondent. Therefore, the entire proceedings as

against him may be quashed under Section 482 CRPC.

The defacto complainant third respondent has

appeared through counsel and filed affidavit at

Annexure A3 stating that he has no grievance against

the petitioner and that he has no objection in

quashing the proceedings charged against the

petitioner.

3. The learned Public Prosecutor has also

got instructions regarding the genuineness of the

settlement. The petitioner has one more criminal

antecedents according to the learned Public

Prosecutor. But that is an offence under Sections

447 and 427 and he stands acquitted in that crime.

Therefore, it cannot be stated that he has

criminal antecedents. Even though an offence under

Section 308 has been incorporated in this crime,

there is no serious injury sustained by the defacto

complainant and he has no grievance also. Under

such circumstances, I find that no purpose will be

served by proceeding with the trial as against the

petitioner. There is no public interest involved.

In the result, the Crl.M.C is allowed. The

entire proceedings in Crime No.97 of 2016 of

Police Station presently pending as S.C.

No.337/2019 on the file of the Assistant Sessions

Court, Vadakara as against the petitioner stands

quashed under Section 482 of the CRPC and the

petitioner herein is discharged and set at liberty.

Sd/-

ASHOK MENON

JUDGE al/-

APPENDIX OF CRL.MC 3183/2021

PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF FIR NO 97/2016 OF NADAPURAM POLICE STATION, KOZHIKODE Annexure A2 CERTIFIED COPY OF THE FINAL REPORT, FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT

RESPONDENTS EXHIBITS : NIL

TRUE COPY

P.S TO JUDGE

AL/-