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High Court of KeralaCrl.MC/1693/2015allowed

Muhammad Shafeek v. The State Of Kerala

2015-03-274 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 Crl.MC.No. 1693 of 2015 () --------------------------- CC. NO.688/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT , KARUNAGAPPALLY.

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PETITIONER/1ST ACCUSED:- ------------------------------------------- MUHAMMAD SHAFEEK, AGED 32 YEARS, S/O.SHAMSUDEEN, KOYIPPURATHUKIZHAKKATHIL HOUSE, NJAKKANAL, KRISHNAPURAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SMT.S.L.SYLAJA.

RESPONDENTS/STATE & DEFACTO - COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

2. RASHEEDA, AGED 29 YEARS, D/O.SULAIMUTHU, NAVAS MANZIL, MEMANA MURI, OACHIRA VILLAGE, KOLLAM DISTRICT, PIN - 691 001. R1 BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.

R2 BY ADV. SRI.M.R.NANDAKUMAR.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Crl.MC.No. 1693 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I.

TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY AS C.M.P. NO:12199/2010.

ANNEXURE II.

TRUE COPY OF THE FIR IN CRIME NO:1295/2010 REGISTERED BY THE OACHIRA POLICE STATION.

ANNEXURE III.

CERTIFIED COPY OF THE FINAL REPORT DATED 12.02.2011 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY.

ANNEXURE IV.

AFFIDAVIT DATED 12.01.2015 OF THE 2ND RESPONDENT (DEFACTO - COMPLAINANT).

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1693 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2015

O R D E R

Petitioner is the first accused in C.C.No.688/2011 on the file of the learned Judicial First Class Magistrate, Karunagappally. The second respond is his wife. The petitioner is charged with having committed the offences under Sections 323, 406 & 498A IPC.

2.

The submission is the matter has been settled between them. It is prayed that the proceedings in the criminal case may be quashed.

3.

The second respondent has entered appearance through counsel and filed an affidavit to the effect that the disputes have been settled and she has no objection to the proceedings in the criminal case being quashed. I am satisfied that no public interest is involved in this case. In the result, Crl.M.C. is allowed. The proceedings in in C.C.No.688/2011 on the file of the learned Judicial First

Crl.M.C.No.1693 of 2015 -2Class Magistrate, Karunagappally are quashed. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/