Sakkir v. Sabu

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 Crl.MC.No. 6473 of 2015 ----------------------------------- SC 52/2011 OF PRINCIPAL SUB COURT, ATTINGAL CC 87/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA CRIME NO. 135/2008 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM ..........

PETITIONER(S)/ACCUSED:

------------------------------------- 1.

SAKKIR, AGED 30 YEARS, S/O.SALIM, OEP BUILDING, NEAR PERUNGULAM ARABIC COLLEGE, KEEZHATTINGAL VILLAGE.

2.

FAIZAL, AGED 26 YEARS, S/O.SALIM, OEP BUILDING, NEAR PERUNGULAM ARABIC COLLEGE, KEEZHATTINGAL VILLAGE.

3.

ABDUL VAHAB, AGED 77 YEARS, S/O.MOHAMMED HANEEFALABA, CHARUVI HOUSE, MISSION COLONY, PERUNGULAM, MANNANUR VILLAGE.

4.

SHIJU, AGED 32 YEARS, S/O.BASHEER, SHIBU MANZIL, NEAR PERUNGULAM POST OFFICE, KEEZHATTINGAL VILLAGE.

BY ADV. SMT.SREEKALA KRISHNADAS RESPONDENT(S)COMPLAINANT & STATE:

------------------------------------------------------------ 1.

SABU, AGED 40 YEARS, S/O.SAINULABDEEN, JANATHA BUILDING, MANANAKKU, VAKKOM VILLAGE, CHIRAYAKEEZHU TALUK, THIRUVANANTHAPURAM.

2.

STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. R1 BY ADV. SRI.C.VIVEK R2 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 6473 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A1: CERTIFIED COPY OF THE FIR IN CRIME NO.135/2008 OF KADAKKAVOOR POLICE STATION.

ANNEXURE A2: CERTIFIED COPY OF INAL REPORT IN CC.NO.87/2010 OF COURT OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA. ANNEXURE A3: AFFIDAVIT EXECUTED BY RESPONDENT NO.1. RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6473 of 2015 ======================= Dated this the 5th day of October, 2015

O R D E R

The petitioners are the accused in S.C.No.52/11 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.135/2008 of the Kadakkavoor Police Station, for the offences punishable under Sections 114, 115, 120(B), 324, 326 and 307 read with Section 34 IPC.

2. According to the petitioners, the matter has been amicably settled between them and the de facto complainant. Considering the seriousness of the allegations in the prosecution case, this Court cannot accept the settlement arrived at between the parties. The matter cannot be permitted to be compounded. This Crl.M.C is devoid of merits and is only to be dismissed and I do so. In the result, this Crl.M.C is dismissed.

Sd/- B.KEMAL PASHA, JUDGE stu