Mahammad Rafeek @ Moh’D Rafeek vs State Of Kerala
2024 Latest Caselaw 16793 Ker

Kerala High Court

Mahammad Rafeek @ Moh’D Rafeek vs State Of Kerala on 12 June, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                     CRL.MC NO. 1816 OF 2024
    CRIME NO.415/2022 OF Vellarikundu Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.267 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONER/SOLE ACCUSED:

          MAHAMMAD RAFEEK @ MOH'D RAFEEK
          AGED 30 YEARS
          S/O. LATE MOOSA BYARI,
          KAMBALA KODI HOUSE, PATHUR,
          KASARAGOD, MANJESHWARAM,
          PIN - 671323

          BY ADVS.
             RAYJITH MARK
             MANU KRISHNA S.K.


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

    2     GIRIJA C.C
          AGED 45 YEARS
          W/O SUMIT LAL P.M., VII/197 C,
          FOUNDER CHAIRPERSON, SIGN, DARKAS,
          MALOM VILLAGE, KASARGODE, PIN - 671533

          BY ADV
             RENJIT GEORGE - SR PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO.1816 OF 2024
                                 2



                          ORDER

Dated this the 12th day of June, 2024

This Criminal Miscellaneous Case has been filed

under Section 482 of the Code of Criminal Procedure,

1973, to quash Annexure A Final Report and all further

proceedings in C.C.No.267/2023 on the files of the JMFC-

II, Hosdurg arose out of Crime No.0415/2022 of

Vellerikondu Police Station, Kasargod.

2. Heard the learned counsel for the petitioner, the

learned counsel appearing for the de facto complainant

and the learned Public Prosecutor.

3. In this matter, offences punishable under

Sections 354-D(1)(ii) of IPC and 120(o) of KP Act are

alleged to have been committed by the accused.

4. It is submitted that the matter has been amicably

settled and the de facto complainant filed affidavit in this

regard.

CRL.MC NO.1816 OF 2024

5. The learned Public Prosecutor also submitted

that the matter has been settled between the parties and

statement of the de facto complainant to that effect has

been recorded.

6. Since the dispute has been settled in between

the parties, there is no reason to disallow the prayer for

quashment, so as to facilitate peaceful living of the parties

hereinafter. Therefore, in the interest of justice, I am

inclined to allow this petition.

In the result, this petition stands allowed and

Annexure A Final Report and all further proceedings in

C.C.No.267/2023 on the files of the JMFC-II, Hosdurg

arose out of Crime No.0415/2022 of Vellerikondu Police

Station, Kasargod, stand quashed.

Sd/-

A. BADHARUDEEN JUDGE MSA CRL.MC NO.1816 OF 2024

PETITIONER ANNEXURES

Annexure A THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 0415/2022 OF VELLERIKONDU POLICE PENDING AS CC NO. 267/2023 ON THE FILE OF THE JMFC -II. HOSDURG DATED 30/12/2022

Annexure B AN AFFIDAVIT OF COMPROMISE OF RESPONDENT NO. 2 DATED 15/02/2024