Abdul Rahiman Rouf vs State Of Kerala
2022 Latest Caselaw 4841 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR.JUSTICE BASANT BALAJI

            FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944

                              CRL.MC NO. 6341 OF 2021

AGAINST THE ORDER/JUDGMENT IN CC 1251/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS

                                     -I,HOSDRUG

PETITIONER/ACCUSED:

             ABDUL RAHIMAN ROUF
             AGED 28 YEARS
             S/O. HAMEED, AJP XV/131
             CHALLIYANAYIN (H) ITTAMMAL, AJANNUR VILLAGE, KASARAGOD DISTRICT
             671 531
             BY ADVS.
             MUHAMMED YASIL
             ROSIN JOSEPH
             AMRITA ARUN
             AISWARIYA LEKSHMI LAL


RESPONDENTS/STATE & COMPLAINANT/INJURED WITNESS:

     1       STATE OF KERALA
             THROUGH REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM 682 031
     2       SURESH V.V
             AGED 35 YEARS,
             S/O. SURENDRAN, R/AT KALLIPAL HOUSE, MUTTICHARAL, ERIYA, BELLUR
             VILLAGE, VELLARIKUNDU TALUK, KASARGOD DISTRICT - 671543
     3       SUKANYA K.V
             AGED 27 YEARS, W/O/SURESH, R/AT KALLIPAL HOUSE, MUTTICHARAL,
             ERIYA, BELLUR VILLAGE, VELLARIKUNDU TALUK, KASARGOD DISTRICT -
             671543
     6       THE STATION HOUSE OFFICER
             HOSDURG POLICE STATION, (CRIME NO. 747 OF 2016) KASARAGOD DISTRICT
             671 315



             BY ADV JACKSON JOHNY


OTHER PRESENT:

             SRI. NOUSHAD K.A-SR.PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.04.2022, THE

COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C No. 6341 of 2021
                                       2




                                  ORDER

The petitioner is the accused in Crime No.747/2016 of

Hosdurg Police station registered offences punishable under

sections 323, 324, 427 r/w 34 of IPC.

2. Heard.

3. It has been submitted by the learned counsel for the

parties and the learned Public Prosecutor that the matter has been

settled between the parties. The second respondent, who is the de-

facto complainant and third respondent, who is the injured, filed

affidavit stating that the matter has been settled between the

parties and hence, they have no further grievance against the

petitioner. Since the matter has been settled between the parties,

quashing the said offence would secure the ends of justice. For the

said reason, I am inclined to quash all further proceedings against

the petitioner in C.C.No.1251/2017 on the file of Judicial First Class

Magistrate Court-I, Hosdurg in Crime No.747/2016, in exercise of Crl.M.C No. 6341 of 2021

the inherent power under Section 482 Cr.P.C., to meet the ends of

justice and accordingly, I order so.

In the result, this Crl.M.C. stands allowed.

Sd/-

BASANT BALAJI, JUDGE rps/ Crl.M.C No. 6341 of 2021

APPENDIX OF CRL.MC 6341/2021

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR DATED 25-07-2016 IN CRIME NO. 747 OF 2016 OF HOSDURG POLICE STATION.

Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 29-03-2017 IN CRIME NO. 747 OF 2016 AS NUMBERED A S C.C NO. 1251 OF 2017 ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE -1 HOSDURG, HOSDURG Annexure A3 A TRUE COPY OF THE AFFIDAVIT DATED 09-12-2021 SIGNED BY THE 2ND RESPONDENT/ INJURED WITNESS WITNESS BEFORE AN ADVOCATE Annexure A4 A TRUE COPY OF THE AFFIDAVIT DATED 09-12-2021 SIGNED BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT BEFORE AN ADVOCATE