Muhammed v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 Crl.Rev.Pet.No. 636 of 2013 () ------------------------------- AGAINST THE ORDER/JUDGMENT IN CRL.A. 135/2010 OF III ADDITIONAL SESSIONS COURT, THRISSUR DATED 01-01-2013 AGAINST THE ORDER/JUDGMENT IN CC 1666/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,KUNNAMKULAM REVISION PETITIONER/APPELLANT/ACCUSED (IN CUSTODY): --------------------------------------------------------------------------------------------------------------------- MUHAMMED AGED 56 YEARS S/O.KUNJUMON, VETTUNATTAYIL HOUSE, AGALAD MOONNAINI DESOM, PUNNAYUR VILLAGE, THRISSUR DISTRICT BY ADV. SRI.RAJIT RESPONDENTS/RESPONDENT/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------------------------------------------

1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. FATHIMA W/O.USMAN, AGALAD, PONNANI DESOM PUNNAYUR VILLAGE, THRISSUR DISTRICT.679 562 R2 BY ADV. SRI.V.V.JOY R 1 BY PUBLIC PROSECUTOR SRI. GITHESH R.

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SHG/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - Crl.M.A.No.1607 of 2015 & Crl.R.P.No.636 of 2013 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2015

O R D E R

The revision petitioner in this case has been convicted of the offence under Section 326 IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.5,000/-. Crl.M.A.No.1607/2015 has been filed to quash the proceedings on the ground that the matter has been settled between the parties.

2.

Heard the learned counsel for the revision petitioner and the second respondent victim.

3.

The revision petitioner and the second respondent are neighbours. The injury sustained by the victim is fracture on the wrist. It is submitted that all the disputes have been settled between the parties. The second respondent has filed an affidavit to the effect that she has no complaint against the revision petitioner and has no objection to the criminal case being quashed. I am satisfied

Crl.M.A.No.1607 of 2015 & Crl.R.P.No.636 of 2013 -2that no public interest is involved in this case and this is a fit case to grant the prayer. The the proceedings in the criminal case i.e. C.C.No.1666/2004 on the file of the learned Judicial First Class Magistrate, Kunnamkulam and Crl.A.No. 135/2010 on the file of the learned III Additional Sessions Judge, Thrissur Division are quashed. In the result, Crl.R.P. is closed in view of the order in Crl.M.A.No.1607 of 2015.

Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/