Mahsookh, vs the Station House Officer, Mnjeshwar Police Station

Mahsookh, vs The Station House Officer, Mnjeshwar Police Station

Type Court Judgment Court Kerala Decided Feb 28, 2019

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Citation: sooperkanoon.com/1870413
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Feb 28, 2019
Case Number: Crl.MC/1436/2019

Parties & Advocates

Appellant / Petitioner

Mahsookh,

Respondent

The Station House Officer, Mnjeshwar Police Station

Excerpt

.....kadapuram hosabettuy, kunjathur, manjeshwar, taluk, kasaragode 671 323. 4 the state of kerala, represented by the public prosecutor, high court of kerala, ernakulam-682 031. by adv. sri.cibi thomas sri.c.s.hrithwik public prosecutorthis criminal misc. case having come up for admission on 28.02.2019, the court on the same day passed the following: -2-orderthe petitioners are accused in c.c. no.1467/2016 on the files of the court below. th offences alleged are punishable under sections 341, 323 and 324 read with section 34 ipc.2. the 2nd and the 3rd respondents are the injured, who filed affidavit stating that the matter has been settled and hence they have no further grievance against the petitioners. the learned public prosecutor, on instructions, has submitted that the matter has been settled by the parties.3. having heard the learned counsel for respondent nos. 2 and 3, i am satisfied that the respondent nos. 2 and 3 filed affidavit voluntarily. it appears that the offences alleged in this case are personal in nature, having no public interest. -3- in the said circumstances, since the matter hasbeen settled, i am inclined to quash the final report and further proceedings against the petitioners in the above said case in exercise of the inherent power under section482 cr.p.c.to meet the ends of justice. it is ordered accordingly. in the result, this crl.m.c. stands allowed. sd/- b.sudheendra kumar judge nkr/28.02.19 -4- appendix petitioner's/s exhibits: annexure a1 true copy of the final report annexure a11 true cop yof the affidavit sworn in by the 2nd respondent dated 12.2.2019 annexure a111 true copy of the affidavit sworn in by the 3rd respondent dated 12.2.2019 respondents exhibits:nil //true copy// p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY ,THE 28TH DAY OF FEBRUARY 2019 / 9TH PHALGUNA, 1940 AGAINST THE ORDER/JUDGMENT IN CC 1467/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD CRIME NO. 679/2015 OF Manjeswar Police Station , Kasargod PETITIONER/S: 1 MAHSOOKH,AGED 25 YEARS 2 AHAMMED MASHOOD,AGED 29 YEARS 3 MUHAMMED MUSTHAQ,AGED 29 YEARS S/O ABDULL RAHIMAN, GUDDAKKARI, HOSABETTU, MANJESHWAR, KASARAGODE. BY ADVS. SRI.T.G.RAJENDRAN SRI.T.R.TARIN RESPONDENT/S:
1 THE STATION HOUSE OFFICER, MNJESHWAR POLICE STATION KASARAGOD DISTRICT 671 323. 2 AHAMMED ASHRAF,AGED 45 YEARS S/O K.YUSUF, ZAHEER MANZIL, GUDDAKERI, HOSABETTU, MANJESHWAR TALUK, KASARAGODE 671 323 3 ABDUL RAHIMAN,AGED 53 YEARS S/O KUNHI MOHAMMED, K.M.K.HOUSE, KADAPURAM HOSABETTUY, KUNJATHUR, MANJESHWAR, TALUK, KASARAGODE 671 323. 4 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY ADV. SRI.CIBI THOMAS SRI.C.S.HRITHWIK PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

ORDER

The petitioners are accused in C.C. No.1467/2016 on the files of the court below. Th offences alleged are punishable under Sections 341, 323 and 324 read with Section 34 IPC.

2. The 2nd and the 3rd respondents are the injured, who filed affidavit stating that the matter has been settled and hence they have no further grievance against the petitioners. The learned Public Prosecutor, on instructions, has submitted that the matter has been settled by the parties.

3. Having heard the learned counsel for respondent Nos. 2 and 3, I am satisfied that the respondent Nos. 2 and 3 filed affidavit voluntarily. It appears that the offences alleged in this case are personal in nature, having no public interest. -3- In the said circumstances, since the matter has

been settled, I am inclined to quash the final report and further proceedings against the petitioners in the above said case in exercise of the inherent power under Section

482 Cr.P.C.to meet the ends of justice. It is ordered accordingly. In the result, this Crl.M.C. stands allowed. Sd/- B.SUDHEENDRA KUMAR JUDGE Nkr/28.02.19 -4- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE FINAL REPORT ANNEXURE A11 TRUE COP YOF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 12.2.2019 ANNEXURE A111 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 12.2.2019 RESPONDENTS EXHIBITS:NIL //True Copy// P.A. to Judge

Same Court & Year Kerala · 2019 Same Parties Mahsookh, vs The Station House Officer, Mnjeshwar Police Station Same Judge Honourable Mr. Justice B.Sudheendra Kumar