Irshad vs State Of Kerala Represented By The ...
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Kerala High Court

Irshad vs State Of Kerala Represented By The ... on 10 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE G.GIRISH
        FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                        CRL.MC NO. 9265 OF 2022
        CRIME NO.570/2018 OF Kollam East Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.718 OF 2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS:

    1       IRSHAD
            AGED 25 YEARS
            S/O MUNIRUDEEN, RESIDING AT VATTAVILA VEEDU,
            THADIKKADU, ARAKKAL VILLAGE, ANCHAL, KOLLAM, PIN -
            691306
    2       JASMAL
            AGED 24 YEARS
            S/O JALEEL, RESIDING AT KARIKKATHIL VEEDU,
            PULLANJIYODU, KARUKONE, ALAYAMON VILLAGE, ANCHAL,
            KOLLAM, PIN - 691306
    3       SIBIDEV
            AGED 27 YEARS
            S/O SAHADEVAN, RESIDING AT ELAVINALKUTTIYIL VEEDU,
            KAROORKADAVU, NEAR KAROORKADAVU SCHOOL, NORTH
            MYNAGAPPALLY, KOLLAM, PIN - 690519
            BY ADVS.
            R.N.SANDEEP
            KEERTHI VIJAYAN


RESPONDENTS:

    1       STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
            HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031
    2       SREEDHAR LAL
            AGED 28 YEARS
            S/O SURESH LAL, MEDAYIL VEEDU, VADAKKEVILA VILLAGE,
            PATTATHANAM, KOLLAM, PIN - 691021
            BY ADVS.
            PUBLIC PROSECUTOR
            RAHUL S.R.


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 9265 OF 2022
                                      2

                                ORDER

Dated this the 10th day of May, 2024

The accused Nos. 1 to 3 in C.C.No.718 of 2018 on

the files of the Judicial First Class Magistrate Court-II,

Kollam, have filed this petition under Section 482 of the

Code of Criminal Procedure, 1973 to quash the

proceedings in the said case.

2. It is stated that the issue involved has been

amicably settled with the de facto complainant, who is

the injured.

3. Obviously, the offences involved are

compoundable by invoking Section 320 of the Code of

Criminal Procedure. No reason is stated by the

petitioners as to why they are not in a position to

approach the learned Magistrate seeking composition of

the offence.

CRL.MC NO. 9265 OF 2022

4. Petitioners have to approach the learned

Magistrate with a proper petition for compounding the

offence alleged in this case.

5. In the result, the Crl.M.C stands closed,

reserving the rights of the petitioners to approach the

Judicial First Class Magistrate Court-II, Kollam seeking

composition of the offence alleged in C.C.No.718/2018.

Sd/-

G.GIRISH, JUDGE AJM/10/5/24 CRL.MC NO. 9265 OF 2022

PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C NO. 718/2018 IN CRIME NO. 570 OF 2018 OF KOLLAM EAST POLICE STATION, ON THE FILES OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT-II, KOLLAM, KOLLAM DISTRICT Annexure2 AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES