Jabir vs The State Of Kerala
2022 Latest Caselaw 2128 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                       THE HONOURABLE MR. JUSTICE K.HARIPAL

            THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943

                                 CRL.MC NO. 6658 OF 2021

                    CRIME NO. 36/2018 OF MEPPAYUR POLICE STATION

  AGAINST THE ORDER/JUDGMENT IN CC 94/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS,

                                        PAYYOLI

PETITIONERS/ACCUSED 1 & 2:

      1      JABIR,
             AGED 21 YEARS
             S/O. MOIDU, PALAKKUNI HOUSE, AVALA P.O., PERINJERIKKADAVU, KOZHIKODE
             DISTRICT.
      2      SHAFI,
             AGED 27 YEARS
             S/O. IBRAHIM,
             EDATHIL HOUSE, AVALA P.O., PERINJERIKKADAVU, KOZHIKODE DISTRICT.
             BY ADVS.
             U.P.BALAKRISHNAN
             K.R.AVINASH (KUNNATH)


RESPONDENTS/STATE & DE FACTO COMPLAINANT:

      1      THE STATE OF KERALA,
             REPRESENTED BY THE STATION HOUSE OFFICER, MEPAYYUR POLICE STATION,
             KOZHIKODE DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM 682 031.
      2      RAJEEVAN,
             AGED 46 YEARS
             S/O. CHEKKOTTI,
             RESIDING AT MOTTEMMAL HOUSE, POOLAKKOOL P.O. KOZHIKODE DISTRICT
             673 507.
             BY ADV C.H.ABDUL RASAC



             SR.PP - SMT. SREEJA V.



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M. C. NO. 6658 OF 2021
                                         2




                                      ORDER

Petitioners are the accused in C. C. No. 94 of 2018 on the

file of the Judicial First Class Magistrate's Court, Payyoli

which arose from the final report in Crime No. 36 of 2018 of

Meppayur police station.

2. The crime was registered on 05.03.2018 alleging

offence punishable under Sections 341, 323, 324 read with 34

of the IPC on the basis of the First Information Statement

furnished by Rajeevan, the 2nd respondent. On conclusion of

investigation, charge sheet has been laid. The substance of the

allegation against petitioners is that on 04.03.2018 at 18 hours

accused persons had wrongfully restrained the 2nd respondent

while he was moving in an autorickshaw, dragged him out, and

hit him with a stone, and also manhandled him. Thus the

above-stated offences are alleged against them. Now it is stated

that the case is settled and the 2nd respondent does not want to

pursue the proceedings.

Crl. M. C. NO. 6658 OF 2021

3. I heard the learned counsel for the petitioners and also

the learned Senior Public Prosecutor who has confirmed the

settlement reached between parties.

4. Moreover, Annexure-3 affidavit of the 2 nd respondent

also suggests that at the intervention of mediators the case is

settled; it is purely a personal dispute. He has no objection in

quashing the proceedings.

5. The 2nd respondent did not suffer serious injuries in the

occurrence; no public interest is involved in the case. The

matter is evidently settled, so that entire proceedings in C.C.

No. 94 of 2018 on the file of the Judicial First Class

Magistrate's Court, Payyoli are quashed and the petitioners

shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/24/02/2022

APPENDIX OF CRL.MC 6658/2021

PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO. 36/2018 OF MEPPAYUR POLICE STATION, KOZHIKODE DISTRICT. Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 36/2018 OF MEPPAYUR POLICE STATION, KOZHIKODE DISTRICT. Annexure 3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DE FACTO COMPLAINANT.

TRUE COPY

P.A.TO JUDGE