Safeer v. Kunhali

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Crl.MC.No. 6830 of 2015 -------------------------------------- S.C.NO.1023/2014 OF ADDITIONAL DISTRICT & SESSIONS COURT - IV, KOZHIKODE ------------------ PETITIONER(S)/ACCUSED :

----------------------------------------- SAFEER, AGED 28 YEARS, S/O.KUNHALI, KATTALITHAZHKUNIYIL HOUSE, THINOOR P.O., KAKKATTIL, VATAKARA.

BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S)/COMPLAINANTS :

------------------------------------------------------

1. KUNHALI, AGED 73 YEARS, S/O.KUNHABDULLA, KATTALITHAZHKUNIYIL HOUSE, THINOOR P.O., KAKKATTIL, VATAKARA, PIN-673 507.

2. PATHUMMA, AGED 62 YEARS, W/O.KUNHALI, KATTALITHAZHKUNIYIL HOUSE, THINOOR P.O., KAKKATTIL, VATAKARA-673 507.

3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

R1 & R2 BY ADV. SMT.A.P.RUFAIJA R3 BY PUBLIC PROSECUTOR SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 6830 of 2015 ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE 1:

ACCUSED COPY OF POLICE CHARGE SHEET IN CRIME NO.392/2014 OF KUTTIADI POLICE STATION. ANNEXURE 2:

AFFIDAVIT SWORN OF 1ST RESPONDENT ANNEXURE 3:

AFFIDAVIT SWORN OF 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No.6830 of 2015 ............................................................... Dated this the 16th day of November, 2015

O R D E R

Petitioner is the accused in S.C. No.1023/2014 of the Additional District & Sessions Judge, Kozhikode-IV, which has arisen from Crime No.392/2014 of the Kuttiadi Police Station, registered for the offence punishable under Sections 452, 341, 323, 324, 427, 308, 294(b) and 506(ii) of the Indian Penal Code. It seems that the matter has been amicably settled between the parties.

2.

The defacto complainant and the other injured in the case, who are respondents 1 and 2, have filed separate affidavits as Annexures 2 and 3 affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner. There are

CRL.M.C.No. 6830 of 2015 -: 2 :- no sufficient ingredients to invite an offence under Section 308 IPC. In such case, no purpose would be served in proceeding with the matter further. Matters being so, this Court is of the view that Annexure 1 final report and all further proceedings against the petitioner in S.C. No.1023/14 of the Additional District and Sessions Court, Kozhikode-IV, which has arisen from Crime No.392/14 of the Kuttiadi Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure 1 final report and all further proceedings against the petitioner in S.C. No.1023/14 of the Additional District and Sessions Court, Kozhikode-IV, which has arisen from Crime No.392/14 of the Kuttiadi Police Station, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge