Moideenkutty vs State Of Kerala
2024 Latest Caselaw 30508 Ker

Kerala High Court

Moideenkutty vs State Of Kerala on 25 October, 2024

CRL.A NO. 982 OF 2007                   1              2024:KER:79957



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
      FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
                            CRL.A NO. 982 OF 2007
         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.165 OF 2001 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, N.PARAVUR ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CRL.L.P NO.291 OF 2007 OF HIGH COURT OF
KERALA
APPELLANT/COMPLAINANT:

             MOIDEENKUTTY
             S/O.ABDUL KHADER, THOPPIL PARAMBIL,, VEDIMARA DESOM,
             PARAVOOTHARA MURI, PARAVUR VILLAGE, ERNAKULAM DISTRICT.


             BY ADV SRI.S.RAJEEV

RESPONDENTS/ACCUSED:

     1       STATE OF KERALA
             PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.

     2       SUNIL KUMAR
             SUB INSPECTOR OF POLICE,, NORTH PARAVUR,
             ERNAKULAM DISTRICT,, NOW WORKING AS CIRCLE INSPECTOR OF
             POLICE,, NJARAKKAL POLICE STATION.

     3       BABU
             HEAD CONSTABLE, NORTH PARAVUR POLICE STATION,,
             ERNAKULAM DISTRICT, NOW RESIDING AT L.B.NIVAS,,
             MAKKANAYI PARAMBIL (H), MANNAM P.O.,, PIN- 683 520,
             NORTH PARAVUR.

     4       SURENDRAN
             CONSTABLE, NORTH PARAVUR POLICE STATION,, ERNAKULAM
             DISTRICT., NOW RESIDING AT KUNNAMPILLY (H),
             THONNIKKAVU,, KEDAMANGALAM P.O., NORTH PARAVUR.

     5       ABDUL RAZZAK
 CRL.A NO. 982 OF 2007               2                2024:KER:79957



            ASST.SUB INSPECTOR OF POLICE,, VADAKKEKARA POLICE
            STATION, ERNAKULAM DISTRICT., NOW RESIDING AT MANALODY
            PARAMBIL,, KATTUNGACHIRA, IRINJALAKKUDA.

     6      ABOOBACKER
            CONSTABLE, PUTHENVELIKKARA POLICE STATION,,
            PUTHENVELIKKARA, NORTH PARAVUR,, ERNAKULAM DISTRICT,
            NOW RESIDING AT KANJIRAPARAMBIL (H), PARAVOOTHARA,
            KAVADIMARA,, MANNAM P.O., N.PARAVUR.


            BY ADV SRI.P.K.SAJEEV

OTHER PRESENT:

            PP-SRI.M.C.ASHI

      THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 982 OF 2007                  3                  2024:KER:79957



                            JUDGMENT

This appeal is at the instance of the complainant in CC

No.165/2001 on the file of Judicial First Class Magistrate Court

North Paravur, challenging the acquittal of the accused in a

complaint filed by him under Sections 323, 324 read with Section

34 of IPC.

2. When the appeal is taken up for consideration today,

learned counsel for the appellant/complainant submitted that the

matter has been settled between himself and the respondents,

and Annexure-I affidavit filed by the appellant was produced

stating that he has no intention to proceed with the appeal.

In the light of the settlement arrived between parties and in

the light of the affidavit filed by the appellant, the appeal is

dismissed as withdrawn.

Sd/-

SOPHY THOMAS, JUDGE ska CRL.A NO. 982 OF 2007 4 2024:KER:79957

PETITIONER ANNEXURES

Annexure I A COPY OF THE SWORN NOTARIZED AFFIDAVIT OF THE VICTIM DATED 06.09.2024