Muhammed Kutty v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 --------------------------- CC 1846/2011 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT, TIRUR CRIME NO. 351/2011 OF KALPAKANCHERY POLICE STATION, MALAPPURAM PETITIONERS:
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1. MUHAMMED KUTTY, AGED 47 YEARS, S/O.MOIDEEN KUTTY, RESIDING AT THACHAPPARAMBIL HOUSE, THOTTAI, KALPAKANCHERI P.O., TIRUR TALUK, MALAPPURAM DISTRICT.
2. MUSTHAFA, AGED 37 YEARS, S/O.KOMU, RESIDING AT PUTHUKKADI HOUSE, KOTTAKKAL P.O., CHANKUVETTY, TIRUR TALUK, MALAPPURAM DISTRICT. * ADDL. 3RD PETITIONER IMPLEADED:
3. SHAMSUDEEN, AGED 40 YEARS, S/O.KOMUKKUTTY HAJI, RESIDING AT ANNATH KAANJIRAKADU HOUSE, ATHAVANAD P.O., THIRUNAVAYA, MALAPPURAM DISTRICT.
* ADDL. 3RD RESPONDENT IS IMPLEADED AS PER ORDER DATED 06.10.2015 IN CRL.M.A.NO.9746/2015 IN CRL.M.C.NO.5907/2015. BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 687 031.
2. ABDUL SALAM, AGED 42 YEARS, S/O.KUNJEETHU, RESIDING AT PARAKKAL HOUSE, KANMANAM P.O., KANMANOM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT 676 101.
3. RAMLATH, AGED 41 YEARS, W/O.ABDUL SALAM RESIDING AT PARAKKAL HOUSE, KANMANAM P.O., KANMANOM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT 676 101.
R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 & R3 BY ADV. SRI.AJOY VENU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
--------------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- A: COPY OF THE FINAL REPORT IN C.C NO.1846/2011 ON THE FILES OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, TIRUR.
B: THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT.
C: THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE THIRD RESPONDENT/INJURED.
RESPONDENTS' ANNEXURES :
------------------------ NIL // True Copy // P.A. To Judge DSV/29/10/15
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 5907 of 2015 ======================= Dated this the 28th day of October, 2015
O R D E R
Petitioners are accused in C.C.No.1846 of 2011 of the Judicial First Class Magistrate's Court, Tirur, which has arisen from Crime No.351 of 2011 of Kalpakancheri Police Station for the offences under Sections 323, 324 and 341 read with Section 34 IPC.
2. The defacto complainant and the other injured are respondents 2 and 3 herein. The incident had occurred in the year 2011. The petitioners and respondents 2 and 3 have amicably settled the matter between them. It seems that the injuries sustained to respondents 2 and 3 are trivial. Respondents 2 and 3 have filed separate affidavits as AnnexureB and Annexure-C, affirming that the matter has been amicably settled between them and the petitioners and, they have no complaints against the petitioners.
Crl.M.C. No.5907 of 2015
3. When the matter has been amicably settled between the parties and, respondents 2 and 3 have no complaints against the petitioners, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings in C.C.No.1846 of 2011 of the Judicial First Class Magistrate's Court, Tirur based on Annexure-A Final Report in Crime No.351 of 2011 of Kalpakancheri Police Station as against the petitioners, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1846 of 2011 of the Judicial First Class Magistrate's Court, Tirur based on Annexure-A Final Report in Crime No.351 of 2011 of Kalpakancheri Police Station as against the petitioners are hereby quashed.
Sd/- B.KEMAL PASHA JUDGE DSV/28/10/15 // True Copy // P.A. To Judge