Shafi Vs. State of Kerala

Shafi vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 24, 2014

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https://sooperkanoon.com/case/1166583

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Citation: sooperkanoon.com/1166583
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Ubaid
Decided On: Oct 24, 2014
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Shafi

Respondent

State of Kerala

Excerpt

.....of one muhammedkutty that these petitioners assaulted him and his friends, and inflicted injuries on their body. cognizance on the final report submitted by the police was taken as c.c1192014 in the court of judicial first class magistrate - ii (forest offences), manjeri. the petitioners seek orders under section 482 cr.p.c quashing the prosecution on the ground that they and the defacto complainant have amicably settled the whole dispute out of court, and that continaunce of prosecution will not serve any purpose. the first informant muhammedkutty and the other persons who sustained injuries in the alleged incident are the respondent 2 to 5 in this proceeding. they have filed affidavit to the effect that they have settled the whole dispute with the accused, and that they have no complaint or grievance now. order under section 482 cr.p.c is sought, because the offence under section 324 ipc is not now compoundable after the amendement to the code of criminal procedure. the hon'ble supreme court has held in so many decisions that even in cases crl. m.c no. 6014 of 2014 2 involving non compoundable offences, the high court can quash proseuciton, if the parties have really settled the whole dispute, and continuance of proseuction will not serve any purpose. i am well satisfied that the parties have really settled the whole dispute, and continuance of prosecution in such a circumstance will not serve any purpose, other than wasting the precious time of the trial court. in the result, this crl.m.c is allowed. the prosecution as against the petitioners in c.c no.119/2014 of the judicial first class magistrate court - ii (forest offences), manjeri will stand quashed under section 482 cr.p.c, and the pettioners will stand released from prosecution. the bail bond, if any, executed by them will stand discharged. p.ubaid, judge sab

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE24H DAY OF OCTOBER20142ND KARTHIKA, 1936 Crl.MC.No. 6014 of 2014 () --------------------------- IN CC1192014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II(FOREST OFFENCES), MANJERI CRIME NO. 454/2013 OF VAZHAKKAD POLICE STATION, MALAPPURAM PETITIONER(S)/ACCUSED: ------------------------------------- 1. SHAFI S/O.SHEIK MUHAMMED, MAILANGOTTU HOUSE, VAZHAKAD AMSOM CHERUVAYOOR, MALAPPURAM DISTRICT.

2. SHEIK MUHAMMED MAILANGOTTU HOUSE, VAZHAKAD AMSOM, CHERUVAYOOR MALAPPURAM DISTRICT.

3. FADISH S/O.SHEIK MUHAMMED, MAILANGOTTU HOUSE, VAZHAKAD AMSOM CHERUVAYOOR, MALAPPURAM DISTRICT.

4. SULFIKAR ALI S/O.AHAMMEDKUTTY, PULIKKATHODI HOUSE, VAZHAKAD AMSOM CHERUVAYOOR, MALAPPURAM DISTRICT. BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S)/STATE, DEFACTO COMPLAINANT AND CWS68.: ---------------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER VAZHAKKAD POLICE STATION-THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

2. RAFEEDA W/O.RAMEES, ILASSERY HOUSE, OORNGATTIRI AMSOM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT PIN-676121.

3. RAMEEF S/O.ASSAINAR, ILASSERY HOUSE, OORNGATTIRI AMSOM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT PIN-676121. Crl.MC.No. 6014 of 2014 () --------------------------- 4. SULAIMAN S/O.SALAM, PUTHANPURAKKAL VEEDU, OORNGATTIRI AMSOM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT PIN-676121.

5. MUHAMMEDKUTTY S/O.UNNI MUHAMMED, CHELAPURATH HOUSE, CHERUVADY KODIYATHOOR AMSOM, KOZHIKKODE DISTRICT, PIN-676121. R2-5 BY ADV. SRI.R.RANJITH (K/489/2011) R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2410-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 6014 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A : TRUE COPY OF THE MEMORANDUM OF EVIDENCE AND CHARGE IN CRIME45413 OF THE VAZHAKAD POLICE STATION. ANNEXURE B : TRUE COPY OF THE AFFIDAVIT DT.25-9-2014 SWORN TO BY THE R2. ANNEXURE C : TRUE COPY OF THE AFFIDAVIT DT.25-9-2014 SWORN TO BY THE R3. ANNEXURE D : TRUE COPY OF THE AFFIDAVIT DT.25-9-2014 SWORN TO BY THE R4. ANNEXURE E : TRUE COPY OF THE AFFIDAVIT DT.25-9-2014 SWORN TO BY THE R5. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PATO JUDGE sab P.UBAID, J.

----------------------------- Crl. M.C No. 6014 of 2014 --------------------------------------- Dated this the 24th day of October, 2014. ORDER

The petitioners herein are the accused in crime No. 454 of 2013 of the Vazhakkad Police Station, registered under Section 341, 323 and 324 IPC. Crime in the said case was registered on the complaint of one Muhammedkutty that these petitioners assaulted him and his friends, and inflicted injuries on their body. Cognizance on the final report submitted by the police was taken as C.C1192014 in the court of Judicial First Class Magistrate - II (Forest offences), Manjeri. The petitioners seek orders under Section 482 Cr.P.C quashing the prosecution on the ground that they and the defacto complainant have amicably settled the whole dispute out of court, and that continaunce of prosecution will not serve any purpose. The first informant Muhammedkutty and the other persons who sustained injuries in the alleged incident are the respondent 2 to 5 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the accused, and that they have no complaint or grievance now. Order under section 482 Cr.P.C is sought, because the offence under Section 324 IPC is not now compoundable after the amendement to the code of Criminal Procedure. The Hon'ble Supreme Court has held in so many decisions that even in cases Crl. M.C No. 6014 of 2014 2 involving non compoundable offences, the High Court can quash proseuciton, if the parties have really settled the whole dispute, and continuance of proseuction will not serve any purpose. I am well satisfied that the parties have really settled the whole dispute, and continuance of prosecution in such a circumstance will not serve any purpose, other than wasting the precious time of the trial court. In the result, this Crl.M.C is allowed. The prosecution as against the petitioners in C.C No.119/2014 of the Judicial First Class Magistrate Court - II (Forest offences), Manjeri will stand quashed under Section 482 Cr.P.C, and the pettioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged. P.UBAID, JUDGE sab

Same Court & Year Kerala · 2014 Same Parties Shafi vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice P.Ubaid