Mohamed Rafi v. Assainar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 Crl.MC.No. 6036 of 2015 () --------------------------- AGAINST THE ORDER/JUDGMENT IN CC 218/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT II, PERINTHALMANNA CRIME NO. 116/2013 OF WANDOOR POLICE STATION, MALAPPURAM DISTRICT. PETITIONER/ACCUSED:
------------------- MOAHMED RAFI, S/O.ABUBACKER, KOOMANGADAN HOUSE, MATTAKULAM P O VANIAMBALAM, WANDOOR AMSOM, MALAPPURAM DISTRICT BY ADV. SRI.K.M.M ABDURAHIMAN RESPONDENTS/COMPLAINANT & STATE:
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1. ASSAINAR, S/O.ALAVI, CHAKKIPPARAMBN HOUSE , VILAKKUCHIRA, POROOR AMSOM, MALAPPURAM DISTRICT, PIN 679 339.
2. SUB INSPECTOR OF POLICE, WANDOOR POLICE STATION, MALAPPURAM DISTRICT PIN 679 328
3. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031.
R2 & R3 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P. R1 BY ADV. SRI.C.T.BASHEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6036 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- ANNEXURE A:-TRUE COPY OF CHARGE SHEET IN CRIME NO 116/2013 OF WANDOOR POLICE STATION, MALAPPURAM DISTRICT ANNEXURE B:-TRUE COPY OF F.I.R. IN CRIME NO 116/2013 OF WANDOOR POLICE STATION, MALAPPURAM DISTRICT ANNEXURE C:-AFFIDAVIT DTD 31/7/2015 OF DEFACTO COMPLAINANT/RESPONDENT NO 1 STATING THE WHOLE MATTER OF SETTLEMENT RESPONDENT(S)' EXHIBITS : NIL ----------------------- /TRUE COPY/ P. A. TO JUDGE Pn
SUNIL THOMAS, J.
-------------------------------------------- Crl.M.C. No. 6036 of 2015 ------------------------------------------- Dated this the 9th day of September, 2015
O R D E R
The petitioner is the sole accused in Crime No.116/2013 of Wandoor Police Station and now pending as C.C. No.363/2013 of JFMC-II, Perinthalmanna. The offence alleged are under Section 341, 323 IPC. Pending the proceedings, the parties have settled their dispute. The 1st respondent has appeared through the counsel, who also endorsed this. Annexure C is an affidavit filed by the defacto complainant dated 31.07.2015 stating that, he propose to withdraw the complaint.
2.
It is evident that, the parties have settled their dispute and no further grievance survives. In the light of the above, I find that, continuance of the proceedings can only result in manifest miscarriage of justice. Essentially, it is a private dispute. 3.
Hence I am inclined to allow this petition. Crl.M.C. is allowed and all proceedings pending before the Court below as C.C.No.218/2015 of JFMC II, Perinthalmanna stand quashed. Sd/- SUNIL THOMAS, JUDGE.
Pn