Mustafa M.K v. Muhammed Hisham
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 Crl.MC.No. 675 of 2015 () -------------------------- IN CC 730/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR CRIME NO. 256/2010 OF PAYANGADI POLICE STATION, KANNUR PETITIONER(S)/ACCUSED:
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1. MUSTAFA M.K AGED 26 YEARS S/O.USMAN, MULANJIKKAL HOUSE, MADAYI AMSOM MUTTAM, VENGARA P.O., KANNUR DISTRICT.
2. ABDULLA K. AGED 29 YEARS S/O.PAREED, MADAYI AMSOM, MUTTAM VENGARA P.O., KANNUR DISTRICT.
3. RAMSHEED K. AGED 26 YEARS S/O.ASHRAF, MADAYI AMSOM, MUTTAM VENGARA P.O., KANNUR DISTRICT.
4. ISHAQ S.H.
S/O.MUHAMMED KUNHI, MADAYI AMSOM, MUTTAM VENGARA P.O., KANNUR DISTRICT.
BY ADVS.SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENT(S)/COMPLAINANT:
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1. MUHAMMED HISHAM S/O.ABDULLA, CHAPPAYIL HOUE, PUTHIYANGADI MADAYI P.O, KANNUR DISTRICT-670 307.
2. MUSTHAFA .A.V., AGED 33 YEARS S/O.KUNHAMMED, A.V.HOUSE, PUTHIYANGADI MADAYI P.O, KANNUR DISTRICT-670 307.
3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 -2 BY ADV. SMT.P.A.ANEESHA R3 BY PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 675 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-I.COPY OF THE FIR AND POLICE CHARGE IN CRIME NO.256/2010 OF PAZHAYANGADI POLICE STATION.
ANNEXURE-II. THE COPY OF THE AFFIDAVIT OF 1ST RESPONDENT ANNEXURE-III.COPY OF THE AFFIDAVIT OF 2ND RESPONDENT RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
--------------------------- Crl. M.C No. 675 of 2015 --------------------------------------- Dated this the 3rd day of February, 2015.
O R D E R
The petitioners herein are the accused No. 1 to 4 in C.C No. 730/2010 of the Judicial First Class Magistrate Court, Payyannur. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Crime in this case was registered under Sections 143, 147, 148, 341, 323, 324, 326, 294(b) r/w 149 IPC on the complaint of one Muhammed Hisham who is the first respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint now. The other person who sustained injuries in the alleged incident is the second respondent in this proceeding.
He has also filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint now.
Crl. M.C No. 675 of 2015 court, and continuance of the proceedings will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement between the parties. This is not a case involving any public interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides, and I am satisfied that the parties are now on quite cordial terms. In such a situation, continuance of the prosecution will not serve any purpose, other than wasting the precious time of the court. No doubt, nobody will support the prosecution in such a situation, if the case goes to trial. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.730/2010 of the Judicial First Class Magistrate's Court, Payyannur will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab