Bayan Siddique v. Ap.Sulaiman Haji
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 Crl.MC.No. 902 of 2015 () -------------------------- CRIME NO. 154/2013 OF PAYANGADI POLICE STATION , KANNUR PETITIONER(S)/ACCUSED NO.2::
------------------------------------- BAYAN SIDDIQUE AGED 38 YEARS S/O.S.P.MUSTAFA HAJI, PUTHIYANGADI, MADAYI AMSOM MADAYI P.O., KANNUR DISTRICT.
BY ADVS.SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENT(S)/COMPLAINANT:
-------------------------------------
1. AP.SULAIMAN HAJI S/O. ABDULLA, ANJARAPPATTIL (H), PUTHIYANGADI MADAYI AMSOM, KANNUR DISTRICT 670002
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN: 682 031. R1 BY ADV. SMT.P.A.ANEESHA R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 902 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE 1: TRUE COPY OF THE FIR & POLICE CHARGE IN CRIME 154/13 OF PAZHAYANGADI POLICE STATION ANNEXURE -II: THE TRUE COPY OF THE AFFIDAVIT OF 1ST RESPONDENT RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ Crl.M.C No.902 of 2015 ~~~~~~~~~~~ Dated this the 25th March, 2015
O R D E R
The petitioner herein is the 2nd accused in C.C No.334 of 2014 of the Judicial First Class Magistrate's Court, Payyannur involving the offence under Section 420 of Indian Penal code. He seeks orders quashing the prosecution as against him on the ground of amicable settlement between him and the de facto complaint. The offence is well compoundable under the law. When normal remedies are possible under the Code of Criminal Procedure, this Court will not act under Section 482 of the Code of Criminal Procedure. The parties can very well approach the trial court and report composition. Once composition is accepted, the petitioner will get orders under section 320 (8) of the Code of Criminal Procedure. This Crl.M.C is accordingly closed, directing the parties to approach the trial court under Section 320 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE
ma