Shameer v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 Crl.MC.No. 91 of 2015 () ------------------------- CP 3/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT, MANANTHAVADY SC 131/2013 of SESIONS COURT, KALPETTA CRIME NO. 349/2012 OF VELLAMUNDA POLICE STATION, WAYANAD DISTRICT ===================== PETITIONERS/ACCUSED 1 TO 8:
---------------------------------------------
1. SHAMEER, S/O. ABDULLA, AGED 30 YEARS PALLIYAL HOUSE, THARUVANA POST PORUNNANNUR VILLAGE, MANANTHAVADY TALUK WAYANAD DISTRICT, PIN- 670645
2. ABDUL BASHEER, S/O. MOIDU, OOKKADAN HOUSE 6TH MILE, PORUNNANNUR, MANANTHAVADY TALUK WAYANAD DISTRICT, PIN- 670645
3. MUHAMMED BASHEER, S/O. ABDURAHIMAN AGED 29 YEARS, ANIYAPRAVAN HOUSE THARUVANA POST, PORUNNANNUR VILLAGE MANATHAVADY TALUK, WAYANAD DISTRIT-670645
4. SIDHEEQUE P.K., S/O. EBRAHIM, AGED 25 YEARS PALLIKANDY HOUSE, THARUVANA POST PORUNNANNUR VILLAGE, MANANTHAVADY TALUK WAYANAD DISTRICT, PIN- 670645
5. ABDUL LATHEEF, S/O. RUKHIYA, AGED 24 YEARS THALIKUZHY HOUSE, THONNAPPATTA SCHOOL KUNNU THARUVANA, PORUNNANNUR, MANANTHAVADY TALUK WAYANAD DISTRICT - 670645
6. RIYAS, S/O. ALI HAJI, AGED 24 YEARS, ANADI HOUSE THARUVANA POST, PORUNNANNUR, MANANTHAVADY TALUK WAYANAD DISTRICT - 670645
7. AKBAR ALI, S/O. MOOSA, AGED 23 YEARS KIZHAKKETHALAKKAL HOUSE (KALATHINGAL), KARINGALI PORUNNANNUR, MANANTHAVADY TALUK WAYANAD DISTRICT - 670645
8. ABDUL SALAM, S/O. AMMED, AGED 25 YEARS, KUNNOTHU HOUSEE THARUVANA POST, PORUNNANNUR, MANANTHAVADY TALUK WAYANAD DISTRICT - 670645 BY ADV. SMT.CELINE JOSEPH
CRL.M.C.NO.91/2015 -2RESPONDENTS/STATE AND CW1 TO CW5:
------------------------------------------------------------
1. STATE OF KERALA, STATION HOUSE OFFICER VELLAMUNDA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
2. JUNAISE P.M., S/O. MOHAMMED, AGED 28 YEARS POTHANKODAN HOUSE, RESIDING AT MADAKKIMALA POST VYTHIRI TALUK, WAYANAD DISTRICT-673121.
3. AJNAS, S/O. KOYA, AGED 22 YEARS, CHERUVANASSERY HOUSE, MADAKKIMALA POST, VYTHIRI TALUK WAYANAD DISTRICT - 673121
4. SAINUL ABID, S/O. MOIDEEN, AGED 29 YEARS AYAKKODAN HOUSE, MADAKKIMALA POST VYTHIRI TALUK, WAYANAD DISTRICT - 673121
5. MUJEEB RAHMAN, S/O. SAIDALAVI, AGED 30 YEARS PARATHODUKA VEEDU, MADAKKIMALA POST VYTHIRI TALUK, WAYANAD DISTRICT-673121
6. MUHAMMED SHAFI, AGED 25 YEARS, S/O. MAMMU RESIDING AT VADAKKEKARA HOUSE MADAKKIMALA POST, VYTHIRI TALUK WAYANAD DISTRICT -673121 BY SMT.K.DEEPA (PAYYANUR) R1 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.91/2015 APPENDIX PETITIONERS' EXHIBITS ANEXURE-A COPY OF THE FIR AND F.I.STATEMENT DATED 17.09.20132 IN CRIME NO. 349/121 ANNEXURE B COPY OF THE FINAL REPORT DATED 21.11.2012 IN CRIME NO. 349/12 ANNEXURE C COPY OF THE MEMORANDUM OF EVIDENCE IN CRIME NO. 349/12 ANNEXURE D COPY OF THE AFFIDAVIT DATED 12.12.2014 AFFIRMED BY THE 3RD RESPONDENT ANNEXURE E COPY OF THE AFFIDAVIT DATED 12.12.2014 AFFIIRMED BY THE 3RD RESPONDENT ANNEXURE F COPY OF THE AFFIDAVIT DATED 12.12.2014 AFFIRMED BY THE 4TH RESPONDENT.
ANNEXURE G COPY OF THE AFFIDAVIT DATED 12.12.2014 AFFIRMED BY THE 5TH RESPONDENT.
ANNEXURE H COPY OF THE AFFIDAVIT DATED 12.12.2014 AFFIRMED BY THE 6TH RESPONDENT.
RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No. 91 of 2015 --------------------------------------- Dated this the 8th day of January, 2015
O R D E R
The petitioners herein are the eight accused in S.C.No.131/2013 of the Court of Session, Kalpetta. Crime in this case was registered under Sections 143, 147, 148, 341, 294(b), 324, 427, 308 and 506 IPC read with Section 149 IPC, on the complaint of one Junaise, that the petitioners assaulted him and his friends Ajnas, Sainul Abid, Mujeeb Rahman and Muhammed Shafi, as part of a criminal design made by them, and inflicted injuries on their body with weapons with the knowledge of consequence that the injuries may cause death. The petitioners now seek orders quashing the prosecution, on the ground that they and the injured persons including the first informant have come to terms amicably out of court. The first informant, Junaise is the 2nd respondent herein, and the other persons who sustained injuries are the respondent Nos. 3 to 6. The respondents 2 to 6 have filed affidavit to the effect that they have settled the whole dispute with the accused, and they have
Crl.M.C.. No. 91/2015 no grievance or complaint. I am well satisfied that there is a real and genuine settlement between the parties, and I also find that Section 308 IPC was in fact incorporated by the police on the basis of a purely hypothetical statement. This is a simple case of assault in which the respondents sustained some simple injuries. Any way, the dispute now stands settled. It is definite that continuance of prosecution will not serve any purpose in the above circumstances, because nobody will support the prosecution, if the case goes to trial.
In the result, this Crl.M.C. is allowed. The prosecution in S.C.No.131/2013 of the Court of Session, Kalpetta as against the petitioners 2 to 8, and in C.P.No.3/2013 of the Judicial First Class Magistrate Court, Mananthavady as against the first petitioner herein, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged. Sd/- P. UBAID, JUDGE sd