Razak P v. Stateof Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 Crl.MC.No. 6366 of 2015 --------------------------------- CC 584/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, PERINTHALMANNA CRIME NO. 471/2011 OF PERINTHALMANNA POLICE STATION, MALAPPURAM ........

PETITIONER(S)/5TH RESPONDENT:

--------------------------------------------------- RAZAK P., AGED 24 YEARS, S/O.HUSSAIN, PONNISSERI HOUSE, CHERUKARA P.O., MALAPPURAM DISTRICT.

BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, PIN 679 322, MALAPPURAM DISTRICT.

2. MUHAMMED SHAFEEQ K., AGED 25 YEARS, S/O.MUHAMMED, KUTTIKKODAN HOUSE, PULAMANTHOL AMSOM, KATTUPPARA DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN 679 323.

3. MUHAMMED SABITH K.P., AGED 24 YEARS, S/O.AYAMU, PULAMANTHOL AMSOM, KATTUPPARA DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN 679 323. R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2-R3 BY ADV. SRI.ARUN MATHEW VADAKKAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 6366 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE-A1: TRUE COPY OF FIRST INFORMATION REPORT DATED 16.5.2011 IN CRIME NO.471/2011 OF PERINTHALMANNA POLICE STATION. ANNEXURE-A2: TRUE COPY OF PROCEEDINGS OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, PERINTHALMANNA IN C.C.NO.584/2011 DATED 7.2.2014.

ANNEXURE-A3: AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 30.8.2015. ANNEXURE-A3(A): AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT. ANNEXURE-A4: TRUE COPY OF FINAL REPORT DATED 30.5.2011 IN CRIME NO.471/2011 OF PERINTHALMANNA POLICE STATION. ANNEXURE-A5: TRUE COPY OF THE JUDGMENT DATED 2.3.2015 IN CRL.M.C.NO.1283 OF 2015 PASSED BY THIS HON'BLE COURT.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B. KEMAL PASHA, J.

................................................................ CRL. M.C. No. 6366 of 2015 ............................................................... Dated this the 14th day of October, 2015

O R D E R

Petitioner is the 5th accused in Crime No.471/2011 of Perinthalmanna Police Station, which was later registered as C.C.No.584/2011, for the offences punishable under Sections 341, 323, 324 and 427 read with Section 34 of the Indian Penal Code. The matter was settled between the parties and a compromise was arrived at between the petitioner and A1 to A4 and the defacto complainant. Consequently, this Court vide Annexure A5 order in Crl.M.C 1283/15 quashed the case against A1 to A4.

2.

The matter has been presently settled between the petitioner, who is the 5th accused and the defacto complainant. The defacto complainant and the other injured have filed Annexure A3 and A3(a) affidavits affirming that the

CRL.M.C.No. 6366 of 2015 -: 2 :- matter has been amicably settled between them and they have no complaints against the petitioner. The injuries sustained to respondents 2 and 3 are also trivial. No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled between the parties, there is no meaning in proceeding with the matter further. Matters being so, all further proceedings in C.C.No.584/2011 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, based on Crime No.471/2011 of the Perinthalmanna Police Station, are liable to be quashed. In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.584/2011 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, based on Crime No.471/2011 of the Perinthalmanna Police Station, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge