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Abdul Salam Vs. Sub Inspector of Police - Court Judgment

LegalCrystal Citation
CourtKerala High Court
Decided On
Judge
AppellantAbdul Salam
RespondentSub Inspector of Police
Excerpt:
.....4. sudheer, aged48years, s/o.basheer kutty, residing do. pin-690 519 5. state, rep. by public prosecutor, high court of kerala, ernakulam -682 031 r1 & r5 by public prosecutor smt.sareena george.p. r2 to r4 by adv. sri.cibi thomas this criminal misc. case having come up for admission on1302-2014, the court on the same day passed the following: sts crl.mc.no. 1059 of 2014 () --------------------------------------- appendix petitioner(s)' annexures: ---------------------------------------------- annex.i - true copy of the final report in cc.2636/2010 on the file of the judicial1t class magistrate ii, kollam. annex.ii - true copy of the affidavit filed by the2d respondent dated301-2014 annex.iii - true copy of the affidavit filed by the3d respondent dated301-2014 annex.iv -.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE13H DAY OF FEBRUARY201424TH MAGHA, 1935Q Crl.MC.No. 1059 of 2014 () --------------------------- CC.NO. 2636/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, KOLLAM ------------------------------------------- PETITIONER(S)/ACCUSED1TO6 -------------------------------------------------------- 1. ABDUL SALAM, S/O.ABDUL AZEEZ, SAJEENA MANZIL, UMAYANALLOOR P.O., MYLAPOOR, KOLLAM.

2. SAJEEV, S/O.BABU THAHA, NEDIYAVILA VEEDU, PUNCHIRI JUNCTION, MYLAPOOR CHERI, THAZHUTHALA VILLAGE, KOLLAM.

3. ABDUL NAZAR, S/O.KASIM KUNJU, PLAVILA VEEDU, PUNCHIRI JUNCTION, MYLAPOOR CHERI, THAZHUTHALA VILLAGE, KOLLAM.

4. ABDUL SALAM,S/O.AHAMMED KUNJU, NEDIYAVILA HOUSE, PUNCHIRI JUNCTION, MYLAPOOR CHERI,THAZHUTHALA VILLAGE, KOLLAM.

5. NAVAS, S/O.ABDUL RAHIMAN, SHEEBA MANZIL, PUNCHIRI JUNCTION, MYLAPOOR CHERI, THAZHUTHALA VILLAGE, KOLLAM.

6. PILLANTHI SURESH @ SURESH, S/O.NELSON, PANAMTHUNDILL HOUSE, KANNANALLUR CHERI, THRIKKOVILVATTOM VILLAGE, KOLLAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE : ----------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION - 691 571 2. BASHEERKUTTY,AGED59YEARS, S/O.HANEEFA KUNJU, NEDIYAVILA HOUSE, PUNCHIRI JUNCTION, MYLAPPOOR CHERI, THAZHUTHALA VILLAGE, KOLLAM -690 519 3. ABDUL RAHIM, AGED48YEARS, S/O.HANEEFA KUNJU, RESIDING DO. PIN- 690 519. sts 2/- -2- CRMC.NO.1059/2014 4. SUDHEER, AGED48YEARS, S/O.BASHEER KUTTY, RESIDING DO. PIN-690 519 5. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031 R1 & R5 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P. R2 TO R4 BY ADV. SRI.CIBI THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON1302-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 1059 of 2014 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: ---------------------------------------------- ANNEX.I - TRUE COPY OF THE FINAL REPORT IN CC.2636/2010 ON THE FILE OF THE JUDICIAL1T CLASS MAGISTRATE II, KOLLAM. ANNEX.II - TRUE COPY OF THE AFFIDAVIT FILED BY THE2D RESPONDENT DATED301-2014 ANNEX.III - TRUE COPY OF THE AFFIDAVIT FILED BY THE3D RESPONDENT DATED301-2014 ANNEX.IV - TRUE COPY OF THE AFFIDAVIT FILED BY THE4H RESPONDENT DATED301-2014 RESPONDENT(S)' ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts K. Ramakrishnan, J.

============================== Crl.M.C.No.1059 of 2014 ============================== Dated this, the 13th day of February, 2014. ORDER

This is an application filed by accused Nos.1 to 6 in C.C.No.2636/10 on the file of the Judicial First Class Magistrate Court No-II, Kollam, to quash the proceedings after recording composition entered into between the de facto complainant and other injured persons and the accused persons under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that petitioners are accused Nos.1 to 6 in C.C.No.2636/10 on the file of the Judicial First Class Magistrate Court No-II, Kollam. The case was originated on the basis of a statement given by the de facto complainant against the petitioners alleging offences under Sections. 143, 147, 148, 323, 324, 326 read with Section 149 of Indian Penal Code and Section 27 of Arms Act as Crime No.848/09 of Kottiyam Police Station. After investigation, they submitted final report against the petitioners for the above said offence which was taken on file as C.C.No.2636/10 by Judicial First Class Magistrate Court No-II, Kollam. Now, the matter has been settled between the parties. They are now living in Crl.M.C.No.1059 of 2014 :

2. : harmony. There is no ill will between them now. Respondents 2 to 4 who are the de facto complainant and other injured in the case have agreed to withdraw the case against them in view of the settlement arrived between the parties. Since some of the offences are non-compoundable in nature, they cannot get case compounded through the court in which it was pending. So, they have no other option but to approach this court to quash the proceedings under Section 482 of Code of Criminal Procedure.

3. Respondents 2 to 4 appeared through Counsel and also filed affidavits stating that the matter has been settled and the settlement was arrived at considering the public interest to bring harmony in the locality.

4. The learned Public Prosecutor submitted on instructions that except this case there is no other case against the petitioners but there is a tendency for the petitioners to involve in criminal offences. Learned Public Prosecutor also submitted that at the time when incident occurred, they were in rival unions and now they become members of the same union and that was the reason why they settled this case. So, the learned Public Prosecutor opposed the application. Crl.M.C.No.1059 of 2014 :

3. :

5. Counsel for the petitioners submitted that except this case, there is no criminal antecedent and on account of the intervention of the well wishers in the locality, the settlement has been arrived at and now harmony has been brought among the petitioners and the injured persons. In order to promote harmony, it is necessary in the interest of justice to allow the application.

6. It is an admitted fact that on the basis on the statement given by CW1, de facto complainant Kottiyam police has registered a case as Crime No.848/09 alleging offences under Sections. 143, 147, 148, 323, 324, 326 read with Section 149 of Indian Penal Code and Section 27 of the Arms Act against the present petitioners. After investigation, final report was filed and Judicial First Class Magistrate Court No-II, Kollam has taken cognizance of the case as C.C.No.2636/10. Now, the matter has been settled between the parties. It is true that some dangerous weapons have been used in the commission of the crime. On going through the Case Diary file, it is seen that it happened due to some misunderstanding between the parties. Further, now the matter has been settled between the parties due to the intervention of well wishers and Crl.M.C.No.1059 of 2014 :

4. : friends. Now they became friends and the de facto complainant and injured have no grievance against each other now. They are living in harmony now. The Public Prosecutor also submitted that when the incident occurred, they were in rival unions and now they became members of the same union. That also shows that harmony has been brought between the injured and the accused persons. On going through the allegations, I feel that there is no public interest involved and it was due to some misunderstanding between the petitioners and the de facto complainant and others that the present incident had happen. Now, they have realized their folly. Though, it is mentioned by the Public Prosecutor that there is a tendency for the petitioners to involve in some other offence if this is allowed, there is no indication mentioned in the report what prompted the police official to come such a conclusion. After this incident, there is no case for the prosecution that they have involved in any other crime of similar nature. If there is a mistake committed by a person due to some misunderstanding and they repented for the same and wanted to lead a proper life, an opportunity has to be given to them to reform themselves. Here, that happened on account of the Crl.M.C.No.1059 of 2014 :

5. : intervention of the mediators and friends. So, considering the circumstances, I feel that it is a fit case where the power under Section 482 of Code of Criminal Procedure has to be invoked to quash the proceedings. So, the application is allowed and further proceedings in C.C.No.2636/10 (Crime No.848/09 of Kottiyam Police Station) now pending before the Judicial First Class Magistrate Court No-II, Kollam against the petitioners is quashed. Office is directed to communicate this order to the concerned court for further action. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge


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