The High Court of Kerala exercised its inherent power to quash the final report and further proceedings against the petitioners in a criminal case, noting that the matter had been settled between the parties, securing the ends of justice.
Quashing of the final report and further proceedings against the petitioners in the criminal case.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 18TH DAY OF AUGUST 2017/27TH SRAVANA, 1939
Crl.MC.No. 5579 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN CC NO.1970/2015OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II,HOSDRUG
CRIME NO.80/2015 OF BEKAL POLICE STATION, KASARGOD
PETITIONER(S)/ACCUSED 1 TO 13:
1. GAFOOR.T.A S/O. ABDUL RAHIMAN, AGED 25 YEARS, RESIDING AT THEKKEKARA HOUSE, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
2. ISMAIL ISSAC @ ISSAC S/O. MUHAMMED KUNHI, AGED 28 YEARS, RESIDING AT THEKKE KADAPURAM, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
3. ACHU @ ASHRAF S/O. T.K ISMAIL, AGED 31 YEARS, RESIDING AT KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
4. RASHEED. M S/O. MUKRI MUHAMMED, AGED 30 YEARS, RESIDING AT RASHEED MANZIL, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
5. MUHAMMED RASHIK RAHIMAN @ RASHID, S/O. MUHAMMED KUNHI. T.A., AGED 28 YEARS, RESIDING AT THOTTATHIL HOUSE, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
6. HABEEB S/O. MOIDU, AGED 32 YEARS, RESIDING NEAR ORPHAN'S CLUB, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
7. AHAMMED SHANAVAS @ SHANA, S/O. MUHAMMED KUNHI, AGED 26 YEARS, RESIDING AT PALLIKANDAM HOUSE, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
8. NABEEL, S/O. ANDUMAN, AGED 30 YEARS, RESIDING AT NELLUR KARA, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
9. ABDUL RUMAISE @ RUMAISE, S/O. BASHEER, AGED 23 YEARS, RESIDING AT FATHIMA MANZIL, KEEZHUR KADAPPURAM, KALANAD VILLAGE, KASARAGOD DISTRICT.
Crl.MC.No. 5579 of 2017
10. BASHEER. A.K.
13. JAMSHEER A @ JANI
BY ADVS.SRI.T.MADHU
SMT.C.R.SARADAMANI
RESPONDENT(S)/STATE:
1. STATE OF KERALA
2. ASMA
R2 BY ADV. SMT.G.SANGEETHA BY PUBLIC PROSECUTOR SHRI E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 1808-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5579 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------ANNEXURE A1 COPY OF THE FIR IN CRIME NO.80/2015 OF BEKAL POLICE STATION. ANNEXURE A2 COPY OF THE FINAL REPORT IN CRIME NO.80/2015 OF BEKAL POLICE STATION. ANNEXURE A3 THE AFFIDAVIT DATED 07.08.2017 SWORN IN BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:NIL -----------------------
/TRUE COPY/ P.A. TO JUDGE SKV
B.SUDHEENDRA KUMAR, J.
===========================
Crl.M.C.No.5579 of 2017
==============================
Dated this the 18th day of August, 2017
ORDER
The petitioners are the accused in C.C.No.1970 of 2015 on the files of the court below. The offences alleged are punishable under Sections 143, 147, 148, 323, 324, 452, 354 and 427 read with Section 149 of the Indian Penal Code.
parties and the learned Public Prosecutor that the matter has been settled between the parties. The second respondent, who is the defacto complainant, filed affidavit stating that the matter has been settled and hence, he has no further grievance against the petitioners. Considering the facts and circumstances of the case, I am of the view that since the matter has been settled between the parties, quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash the final report and further proceedings against the petitioners in
Crl.M.C.No.5579 of 2017 2
C.C. No.1970 of 2015 on the files of the court below in exercise
of the inherent power under Section 482 of the Code of Criminal Procedure to meet the ends of justice and accordingly, I order
so.
In the result, this Criminal Miscellaneous Case stands allowed.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
SKV
1 issue framed by the court
Whether the offences should be quashed given that the matter has been settled between the parties.
1 provisions across 1 enactments
Gafoor T.A and Others
State of Kerala
Asma
B. Sudeendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
