Nisthul Nirmal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 --------------------------- CC 1350/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM ------------------ PETITIONERS/ACCUSED 1-9 :

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1. NISTHUL NIRMAL, AGED 26 YEARS, S/O.MOHANAN CHANDRAN PILLAI, LUKAI KONAM NEAR PUTHUKUNNEL CST CHURCH, KANJICHAL WARD, ULIYAZHATH VILLAGE, THIRUVANANTHAPURAM.

2. FAYAS, AGED 27 YEARS, S/O.BADARUDEEN, PANDALAYIL VEETTIL CHATHINAMKULAM CHERRY, PERINAD VILLAGE KOLLAM DISTRICT.

3. LAIJUM, AGED 27 YEARS, S/O.RSHEED, RIJI VIHAR, SWARUMA NAGAR-23 CHATHINAMKULAM CHERRY, MANGAD VILLAGE, KOLLAM DISTRICT.

4. ARUN, AGED 26 YEARS, S/O.VASAVAN, THAKIDIYIL VEEDU NEAR ST.PHILOMINAS GIRLS HIGH SCHOOL MUTTATHARA VILLAGE, POONTHURA DESOM THIRUVANANTHAPURAM.

5. ALDUS, AGED 25 YEARS, S/O.BOSWELL, VIJAYALAKSHMI SADANAM, MALAYALEE SADANAGAR-147, KOLLAM WEST.

6. ALAN K.KURYAN, AGED 26 YEARS, S/O.ALAN, THUNDUVILA AKSHAYA, NEAR NEW PALACE CHEERANKAVU, EZHUKONE VILLAGE, KOLLAM DISTRICT.

7. ALI, AGED 26 YEARS, S/O.SUBBAYYA, PLAVILA VEETTIL, NEAR VELICHIKALA MOSQUE, VELICHIKALA, ADICHANALLOOR VILLAGE KOLLAM DISTRICT.

8. AROMAL , AGED 34 YEARS, S/O.THAMBAN, SREE DURGA, NEAR VILLAGE OFFICE KOTTAMKARA VILLAGE, KOLLAM DISTRICT.

9. SREENATH, AGED 26 YEARS, S/O.SREEKUMAR, MADATHIL, KAIKULANGARA NORTH WARD, KOLLAM WEST.

BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENTS/DE-FACTO COMPLAINANT AND STATE : ------------------------------------------------------------------------------

1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2. SWAROOP PRATHAP, AGED 25 YEARS, S/O.T.S.PRATHAP, SANGEETH BHAVAN, PUZHATHI VILLAGE, KANNUR TALUK, KANNUR-670002.

3. JUNAID ALI, AGED 27 YEARS, S/O./BASHEER ALI, J.J.MANZIL, MARKET P.O.

MOOVATTUPUZHA TALUK, ERNAKULAM-686668.

4. MUHAMMED AMEEN, AGED 26 YEARS, S/O.ABDUL RAZAK, BUSHARA MANZIL, KOTTAPPURAM NEELESWARAM P.O., KASARGOD-673582.

R1 BY PUBLIC PROSECUTORSMT. P. MAYA R2,R3,R4 BY ADV. SRI.K.B.ARUNKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

--------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE 1 : TRUE COPY OF THE FIR WITH FIS IN CR 858/2010 OF KILIKOLLOOR POLICE STATION.

ANNEXURE 2 : TRUE COPY OF THE FINAL REPORT IN CR.858/2010 OF KILIKOLLOOR POLICE STATION.

ANNEXURE 3 : TRUE COPY OF THE AFFIDAVIT SWORN BY R2 REGARDING THE COMPROMISE DT.20-7-2015.

ANNEXURE 3A : TRUE COPY OF THE AFFIDAVIT SWORN BY R3 REGARDING THE COMPROMISE DT.20-7-2015.

ANNEXURE 3B : TRUE COPY OF THE AFFIDAVIT SWORN BY R4 REGARDING THE COMPROMISE DT.20-7-2015.

RESPONDENT(S)' EXHIBITS :

NIL.

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

B.KEMAL PASHA, J.

=================== CRL.M.C. No.6279 of 2015 ==================== Dated this the 30th day of September, 2015

O R D E R

Petitioners are the accused in Crime No.1350 of 2010 of the Judicial First Class Magistrate's Court-I, Kollam, which has arisen from Crime No.858 of 2010 of the Kilikolloor Police Station, for the offences punishable under Sections 143, 147, 148, 341, 323 and 324 IPC read with Section 149 IPC. The said crime was registered in respect of a clash among students of TKM Engineering College, Kollam.

2. The matter has been amicably settled between the parties. On going through the wound certificates, it seems that the injuries are trivial. Separate affidavits have been filed by the defacto complainant and all the injured persons, who are respondents 2 to 4. It has been affirmed that the matter has been settled and they have no complaints against the petitioners. The petitioners as well as respondents 2 to 6 are

CRL.M.C. No.6279 of 2015 youngsters. When the matter has amicably settled between the parties, there is no meaning in proceeding with the matter any further and no purpose would served. Matters being so, Annexure 1 First Information Report and Annexure 2 Final Report in Crime No.858 of 2010 of the Kilikolloor Police Station and all further proceedings based on it in C.C.No.1350 of 2010 of the Judicial First Class Magistrate's Court-I, Kollam, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure 1 First Information Report and Annexure 2 Final Report in Crime No.858 of 2010 of the Kilikolloor Police Station and all further proceedings based on it in C.C.No.1350 of 2010 of the Judicial First Class Magistrate's Court-I, Kollam, are hereby quashed Sd/- B. KEMAL PASHA JUDGE DSV/30/9/15 // True Copy // P.A. To Judge