Kerala High Court
Abdul Fathah vs State Of Kerala on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
CRL.MC NO. 3644 OF 2021
(CRIME NO.14/2012 OF BEKAL POLICE STATION, KASARAGOD)
AGAINST THE ORDER/JUDGMENT IN LPC 8/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,HOSDRUG, KASARGOD
PETITIONER/ACCUSED NO.7:
ABDUL FATHAH
AGED 32 YEARS
S/O. ABDUL KHADER, MANGADU HOUSE, BARA VILLAGE, R/A. MANGAD HOUSE,
BARA VILLAGE, KASARAGOD DISTRICT.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682031.
2 SUDHAKARAN K.M
AGED 48 YEARS
S/O. LATE KOTTAN, CHAPPILA NILAYAM, MANAGAD, BARA VILLAGE AND POST,
HOSDURG TALUK, KASARAGOD DISTRICT.
3 BALACHANDRAN,
AGED 48 YEARS
S/O LATE BAMBAN, MANGAD HOUSE, BARA VILLEGE AND POST, HOSDURG
TALUK, KASARAGOD DISTRICT
ADDITIONAL R3 IMPLEADED AS PER ORDER DATED 16-09-2021 IN
CRL.M.A.NO.3/2021 IN CRL.M.C.NO.3644/2021.
BY ADV VIPIN T JOSE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.09.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.No.3644 of 2021
2
ORDER
Petitioner is the 7th accused in S.C.No. 434 of 2019, which was
taken on file on the basis of the final report laid in Crime No. 14 of
2012 of Bekal police station. The crime was registered alleging offence
punishable under Sections 143, 147, 148, 323, 324, 326, 506(ii), 308,
153A read with 149 of the IPC against eight named accused persons
and other six identifiable persons.
2. On completion of investigation, charge sheet was laid before
the Judicial First Class Magistrate Court-II, Hosdurg, against eight
persons, where the case was taken on file as C.P. No. 76 of 2018.
Accused Nos. 1 to 6 alone faced trial before the Additional Sessions
Judge. By Annexure-3 judgment, the six accused persons were found
not guilty and acquitted under Section 232 of the Cr.P.C. It was a case
of no evidence, since the material witnesses had turned hostile to the
prosecution. It was also informed to the Court that the matter was
settled.
3. Now the petitioner, the 7 th accused against whom the case stood
refiled as L.P. No. 8 of 2020, has moved this Court on the ground that
so long as the other accused are found not guilty, he is also liable to be
Crl.M.C.No.3644 of 2021
acquitted. Later, he produced affidavits of the 2 nd respondent and also
additional 3rd respondent, who are the injured in the incident, who have
vouched that the matter has been settled and they do not want to pursue
the proceedings.
4. I heard the learned counsel for the petitioner and also the
learned Senior Public Prosecutor.
5. Even though, Section 308, 153A of the IPC etc are alleged, it is
evident that the matter is settled. Having regard to the seriousness of
the allegations, it is only appropriate that the stamp of approval be
given for restoring peace and tranquility of the area. Moreover, by
approving such settlement no public interest will be hampered.
Considering these aspects, entire proceedings pending against the
petitioner before the Judicial First Class Magistrate Court-II, Hosdurg
as C.P. 53 of 2021 shall stand quashed.
Criminal Miscellaneous Case is allowed of as above.
Sd/-
K.HARIPAL
JUDGE
RMV/16/09/2021
Crl.M.C.No.3644 of 2021
APPENDIX OF CRL.MC 3644/2021
PETITIONER ANNEXURE
Annexure AI CERTIFIED COPY OF THE F.I.R IN CRIME NO. 14 OF 2012 BEKAL
POLICE STATION, KASARAGOD.
Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.14 OF 2012
OF BEKAL POLICE STATION, KASARAGOD.
Annexure AIII CERTIFIED COPY OF THE JUDGMENT DATED 08.07.2021 IN S.C. NO.
434 OF 2019 ON THE FILES OF ADDITIONAL SESSIONS COURT-III,
KASARAGOD.
