Sidique C.K. v. Hassainar C.H.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 2660 of 2015 ------------------------------------- S.C.NO.54/2015 OF SESSIONS COURT, KASARAGOD CRIME NO. 485/2014 OF ADHUR POLICE STATION , KASARGOD DISTRICT -------------- PETITIONER(S)/ACCUSED :

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1. SIDIQUE C.H., AGED 26 YEARS, S/O.ABDULLA , LAKSHAM VEEDU COLONY, BENCHACORT, POVVAL, MULIYAR, KASARAGOD.

2. MUHAMMED RIYAS P.A., AGED 23 YEARS, S/O.ABDUL KHADER, POVVAL HOUSE, BENCHACORT, POVVAL, MULIYAR, KASARAGOD.

3. SULAIMAN UMMER, AGED 24 YEARS, S/O.UMBUCCHA, NELLIKATTU HOUSE, POVVAL, MULIYAR, KASARAGOD

4. NOUSHAD P.A., AGED 22 YEARS, S/O.ABDUL KHADER, RESIDING AT QUARTERS NEAR POVVAL STORE, MULIYAR, KASARAGOD.

BY ADV. SRI.V.TEKCHAND RESPONDENT(S)/COMPLAINANT & STATE :

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1. C.K.HASAINAR, AGED 47 YEARS, S/O.LATE UMBU, SAROLI HOUSE, UYITHADKA, ADHUR VILLAGE, KASARAGOD.

2. MARIYAM JASEELA, AGED 17 YEARS, D/O.CK.HASAINAR, SAROLI HOUSE, UYITHADKA, ADHUR VILLAGE, KASARAGOD, MINOR REPRESENTED BY HER FATHER C.K.HASSAINAR.

3. STATE OF KERALA, THROUGH SI OF POLICE, ADHUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 31.

R1 & R2 BY ADV. SRI.S.R.SREEJITH R3 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 2660 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

CERTIFIED COPY OF THE CHARGE SHEET IN S.C.NO.54/2015 ON THE SESSIONS COURT, KASARAGOD. ANNEXURE A2:

CERTIFIED COPY OF THE FIR ALONG WITH FIR IN CRIME NO.485/2014 OF THE ADHUR POLICE STATION. ANNEXURE A3:

AN AFFIDAVIT SWORN TO BY THE DEFACTO COMPLAINANT/1ST RESPONDENT.

RESPONDENT(S)' ANNEXURES :

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

Msd.

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.2660 of 2015 -------------------------------------------- Dated this the 2nd day of June 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. Petitioners are accused in S.C. No.54 of 2015 on the file of the Sessions Court, Kasaragod. They are alleged to have committed the offences under Secs.452 and 506(1) read with Sec.34 of Indian Penal Code and Sec.11(1) of the Protection of Children from Sexual Offences Act. It is submitted that the matter has been settled. The prayer is to quash the proceedings in the Sessions Case.

3. Heard the learned counsel for the petitioners, respondents 1 and 2 and the learned Public Prosecutor.

4. The petitioners are aged about 25 years. The allegations are not of serious nature. The 1st respondent has filed an affidavit to the effect that the matter has been settled and he has no objection to the proceedings in the sessions case being quashed. I am satisfied that the allegations are true and no public interest is involved in

Crl.M.C. No.2660 of 2015 2 this case.

In the result, this Crl.M.C. is allowed. The proceedings in S.C. No.54 of 2015 on the file of the Sessions Court, Kasaragod are quashed. If any material objects have been produced in this case, the learned Magistrate is directed to dispose them of.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge