Mohammed Rishad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 Crl.MC.No. 6322 of 2015 () --------------------------- CC.NO. 778/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, PERINTHALMANNA CRIME NO. 1283/2012 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT ------------- PETITIONER/ACCUSED :
--------------------------------------- MOHAMMED RISHAD, S/O. ABDU SAMAD, AGED 23 YEARS, PALLIYALIL THODI HOUSE, PONTHYAKURRISSI, PERINTHALMANNA.
BY ADV. SRI.K.I.SAGEER RESPONDENT(S)/STATE & COMPLAINANT :
---------------------------------------------------------------
1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, (CRIME NO.1283/2012) PERINTHALMANNA POLICE STATION, PERINTHALMANNA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. MUHAMMED SAFVAN, S/O.ASHRAF, AGED 21 YEARS, ORAVAMPURATH HOUSE, KUNNAPPALLY POST, PERINTHALMANNA, MALAPPURAM-679 322 R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2 BY ADV. SRI.K.M.NASARUDHEEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
CRL.MC.NO.6322/2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEX A1 COPY OF THE FINAL REPORT IN FIR NO.CRIME NO.1283/2012 OF PERINTHALMANNA POLICE STATION, PERINTHALMANNA. RESPONDENT'S ANNEXURES:
NIL /TRUE COPY/ P.A.TO JUDGE sts
B.KEMAL PASHA, J.
=================== CRL.M.C. No.6322 of 2015 ==================== Dated this the 6th day of October, 2015
O R D E R
The petitioner is the accused in C.C.No.778 of 2013 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, which has arisen from Crime No.1283 of 2012 of the Perinthalmanna Police Station, for the offences punishable under Sections 341 and 324 IPC.
2. The allegation against the petitioner is that by making use of his finger ring, he has caused injuries on the face of the defacto complainant by hitting him.
3. Presently, the matter has been amicably settled between the parties, and the defacto complainant, who is the 2nd respondent herein, has no complaints against the petitioner. The 2nd respondent has filed an affidavit affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner.
CRL.M.C. No.6322 of 2015 No criminal antecedents have been reported against the petitioner. When the matter has been settled between the parties, no purpose will be served in proceeding with the matter any further. Considering the trivial nature of the injuries caused to the defacto complainant, this Court is of the view that the proceedings in C.C.No.778 of 2013 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, which has arisen from Crime No.1283 of 2012 of the Perinthalmanna Police Station can be quashed.
In the result, this Crl.M.C. is allowed and Annexure A1 Final Report and all further proceedings based on it in C.C.No.778 of 2013 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, which has arisen from Crime No.1283 of 2012 of the Perinthalmanna Police Station are hereby quashed.
Sd/- B. KEMAL PASHA JUDGE DSV/6/10/15 // True Copy // P.A. To Judge