Abdul Navas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 Crl.MC.No. 5994 of 2015 --------------------------- CRIME NO. 646/2015 OF FORT KOCHI POLICE STATION, ERNAKULAM DISTRICT. ............

PETITIONER/ACCUSED:

---------------------------------- ABDUL NAVAS, AGED 32 YEARS, S/O. P.I ABDUL KHADER, RESIDING AT WEST HOUSE, MAHIN NGAR, VIDYANAGAR P.O, KASARAGOD TALUK, KASARAGOD - 682 031.

BY ADV. SRI.T.MADHU RESPONDENT(S)/STATE :

-------------------------------------

1. THE STATE OF KERAL,A THROUGH THE STATION HOUSE OFFICER, FORT KOCHI POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. M. SULAIMAN SAIT, AGED 46 YEARS, S/O. M MOHEMMED SAIT, RESIDING AT DOOR NO.XI/307A, K.B JACOB ROAD, FORTKOCHI-682 001, ERNAKULAM DISTRICT.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.C.T.JESTIN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5994 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

------------------------------------------- ANNEXURE A1:

THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO 646/2015 OF FORTKOCHI POLICE STATION, ERNAKULAM DISTRICT. ANNEXURE A2 :

THE TRUE COPY OF THE PRIVATE CRIMAL COMPLAINT IN C.M.P NO 1445/2015 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-5,KOCHI.

ANNEXURE A3 :

THE TRUE COPY OF THE AGREEMENT DATED 13-08-2015 ENTERED INTO BETWEEN THE BROTHER OF TE PETITIOENR ABDUL MUNEER AND 2ND RESPONDENT.

ANNEXURE A4 :

THE AFFIDAVIT DATED 13-08-2015 SWORN IN BY THE 2ND RESPONDENT.

RESPONDENTS' ANNEXURES:

NIL.

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

B.KEMAL PASHA, J.

================ Crl.M.C. No. 5994 of 2015 ======================= Dated this the 29th day of September, 2015

O R D E R

The petitioner is the accused in Crime No.646/2015 of the Fortkochi Police Station, Ernakulam, registered for the offences punishable under Sections 415 and 420 IPC.

2. A private complaint was filed by the de facto complainant before the Judicial First Class Magistrate's Court-V, Kochi as CMP No.1445/2015 and the same was forwarded to the Police under Section 156(3) Cr.P.C. Consequently, the crime has been registered. Presently, the parties have settled the matter and the entire amount due to the de facto complainant have been paid by the petitioner. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the investigation in the matter any further. Matters being so, Annexure A1 FIR and all further

Crl.M.C. No. 5994 of 2015 proceedings in Crime No.646/2015 of the Fortkochi Police Station, Ernakulam can be quashed.

In the result, this Crl.M.C is allowed and Annexure A1 FIR and all further proceedings in Crime No.646/2015 of the Fortkochi Police Station, Ernakulam, are hereby quashed SdB.KEMAL PASHA, JUDGE stu