Muhammadali v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 --------------------------- CC 1211/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY. CRIME NO. 124/2014 OF CHAKKARAKKAD POLICE SATION. ...........

PETITIONERS/ACCUSED:

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1. MUHAMMADALI, S/O ABDUL MAJEED, AGED 34 YEARS, MARAKKARATH HOSUE, NEAR NEERCHAL PALLI, NEERCHAL, P.O. THAYYIL, KANNUR DISTRICT.

2. MUHAMMED RAFI,S/O ABDUL MAJEED, AGED 41 YEARS, MARAKKARATH HOSUE, NEAR NEERCHAL PALLI, NEERCHAL, P.O. THAYYIL, KANNUR DISTRICT.

3. MUHAMMAD RASHEED, S/O ABDUL MAJEED, AGED 36 YEARS, MARAKKARATH HOSUE, NEAR NEERCHAL PALLI, NEERCHAL, P.O. THAYYIL, KANNUR DISTRICT.

4. SHARMIDA, D/O ABDUL MAJEED, AGED 30 YEARS, MARAKKARATH HOSUE, NEAR NEERCHAL PALLI, NEERCHAL, P.O. THAYYIL, KANNUR DISTRICT.

5. KHADEEJA, D/O. SAREIN KUTTY, AGED 60 YEARS, MARAKKARATH HOSUE, NEAR NEERCHAL PALLI, NEERCHAL, P.O. THAYYIL, KANNUR DISTRICT.

6. ABDUL MAJEED, S/O.ABDUL KHADER, AGED 70 YEARS, MARAKKARATH HOSUE, NEAR NEERCHAL PALLI, NEERCHAL, P.O. THAYYIL, KANNUR DISTRICT.

BY ADV. SRI.SATHEESHAN ALAKKADAN RESPONDENTS/RESPONDENTS:

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1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. NAMEERA P.K., D/O ABOOBACKER, AGED 28 YEARS, IBRAHIM COTTAGE, CHELORA AMSOM, CHELORA DESOM, P.O. MOWANCHERY, KANNUR TALUK, KANNUR DISTRICT-671001.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.A.ARUNKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

--------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------- ANNEXURE AI:

A TRUE COPY OF THE F.I.R. IN CRIME NO.124 OF 2014 OF CHAKKARAKKAL POLICE STATION.

ANNEXURE AII:

A TRUE COPY OF THE FIANL REPORT IN CRIME NO.124 OF 2014 OF CHAKKARAKKAL POLICE STATION.

ANNEXURE AIII:

A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE IST PETITIONER AND THE 2ND RESPONDENT.

ANNEXURE AIV:

A TRUE COPY OF THE AFFIDAVIT FILED BY THE SECOND RESPONDENT BEFORE THIS HON'BLE COURT 24.3.15. RESPONDENT(S)' ANNEXURES:

- NIL --------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

K. ABRAHAM MATHEW, J.

-------------------------------- Crl. M.C. No.2144 of 2015 ------------------------------------ Dated this the 21st day of May, 2015 -------------------------------------------

O R D E R

--------------- Petitioners are accused in C.C. No.1211 of 2014 on the file of the Chief Judicial Magistrate, Thalassery. They are alleged to have committed the offences under Secs.109, 323, 341 and 498A of Indian Penal Code. The 1st petitioner is the husband of the 2nd respondent. The other petitioners are his close relatives. On the ground that the matter has been settled, they pray that the proceedings in the criminal case may be quashed.

2. Heard the learned counsel for the petitioners and the 2nd respondent and the learned Public Prosecutor.

3. I have perused the affidavit filed by the 2nd respondent. The matter has been settled. She has no objection to the criminal case being quashed. I am satisfied that the allegations in the petition are true. No public interest is involved in the case. The petition will be allowed.

Crl.M.C. No.2144 of 2015 2 In the result, this Criminal M.C. is allowed. The proceedings in C.C. No.1211 of 2014 on the file of the Chief Judicial Magistrate, Thalassery are quashed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge