Umarul Farook vs State Of Kerala
2021 Latest Caselaw 21740 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                        THE HONOURABLE MR. JUSTICE K.HARIPAL

              TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943

                                  CRL.MC NO. 3808 OF 2021

AGAINST THE ORDER/JUDGMENT IN CC 430/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,

                                  KASARAGOD, KASARGOD

PETITIONER/ACCUSED Nos. 1 TO 3:

      1       UMARUL FAROOK
              AGED 32 YEARS
              S/O.AHAMMED KUNHI, RESIDING AT KOLLADUKKA HOUSE, KUMBADAJE(P.O),
              KASARAGOD DISTRICT,PIN-671551.

      2       ABDULLAKUNHI.K,
              AGED 45 YEARS
              S/O.AHAMMED KUNJI, RESIDING AT KOLLADUKKA HOUSE, KUMBNADAJE(P.O),
              KASARAGOD DISTRICT-671551.

      3       KHALID.K,
              AGED 40 YEARS
              S/O.AHAMMED KUNHI, RESIDING AT KOLLADUKA HOUSE,
              KUMBADAJE(P.O), KASARAGOD DISTRICT,PIN-671551.

              BY ADV JAWAHAR JOSE



RESPONDENTS/COMPLAINANT-STATE, DEFACTO COMPLAINANT & INJURED:

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

      2       ASHIF ABDULLA
              AGED 25 YEARS, S/O ABBAS, RESIDING AT NIDUVANAMVAYAL HOUSE,
              KUMBADAGE VILLAGE, ETHADKA (P.O), KASARAGOD TALUK AND DISTRICT.
              PIN-671551

              BY ADV JAISON ANTONY



OTHER PRESENT:

              SR.PP - SRI. RENJITH T.R.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.11.2021, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3808 of 2021
                                    2

                                ORDER

Petitioners are accused Nos. 1 to 3 in C.C. No. 430 of 2018

on the file of Judicial First Class Magistrate's Court-II,

Kasaragod, where they face allegations under Sections 341, 323

read with Section 34 of the IPC.

2. The allegation is that the accused persons in furtherance

of their common intention had attacked and injured the 2 nd

respondent. They attacked him with a wooden stick and an iron

punch and caused him injuries. Now the petitioners have moved

this Court under Section 482 of the Cr.P.C. for quashing the

proceedings on the ground that the matter is settled with the 2 nd

respondent.

3. I heard the learned counsel for the petitioners, the learned

counsel for the 2nd respondent and also the learned Senior Public

Prosecutor.

4. The learned Public Prosecutor and the learned counsel for

the 2nd respondent have confirmed the settlement reached between

the parties. Annexure-V affidavit of the 2nd respondent also Crl.M.C.No.3808 of 2021

indicates that the dispute is purely personal in nature that he does

not want to prosecute the case as a settlement is arrived at and

therefore he has no objection in quashing the proceedings. The

wound certificate does not indicate that the 2 nd respondent had

suffered serious injuries in the occurrence. In the circumstances,

having noticed the settlement reached with the 2 nd respondent, there

is no purpose in continuing the proceedings.

5. Entire proceedings in C. C. No. 430 of 2018. pending

before the Judicial First Class Magistrate's Court-II, Kasaragod

shall stand quashed and the petitioners shall stand exonerated.

Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/02/11/2021 Crl.M.C.No.3808 of 2021

APPENDIX OF CRL.MC 3808/2021

PETITIONER ANNEXURE

Annexure I CERTIFIED COPY OF THE FIR IN CRIME NO.132/2018 OF BADIADKA POLICE STATION

Annexure II CERTIFIED COPY OF THE CHARGE SHEET/FINAL REPORT SUBMITTED BY THE INVESTIGATING OFFICER BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE COURT-II, KASARAGOD

Annexure III CERTIFIED COPY OF THE MEMO OF EVIDENCE SUBMITTED BY THE INVESTIGATING OFFICER ALONG WITH THE CHARGE SHEET/FINAL REPORT

Annexure IV CERTIFIED COPY OF THE WOUND CERTIFICATE PRODUCED BY THE INVESTIGATING OFFICER ALONG WITH THE CHARGE SHEET/FINAL REPORT

Annexure V COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO-

COMPLAINANT/2ND RESPONDENT EVIDENCING SETTLEMENT.