Safiya Shoukathali v. K.H.Musthafa
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. 6384 of 2015 --------------------------- CC 1697/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,TIRUR. CRIME NO. 122/2009 OF VALANCHERY POLICE STATION, MALAPPURAM. ........
PETITIONER(S)/ACCUSED 1 TO 3 IN C.C 1697/2014 OF JFCM, TIRUR.: ---------------------------------------------------------------------------------------------------
1. SAFIYA SHOUKATHALI, W/O.SHOUKATHALI, AGED 50 YEARS, RESIDING AT KEHATH VEEDU, PAINKANNOOR, PANDIKASHALA, KATTIPARUTHI, MALAPPURAM-679 571.
2. SHOUKATHALI, S/O.ABOOBACKER, AGED 58 YEARS, RESIDING AT KEHATH VEEDU, PAINKANNOOR, PANDIKASHALA, KATTIPARUTHI, MALAPPURAM-679 571.
3. SHEKHARAN, AGED 58 YEARS, RESIDING AT SREEBHAVAN, NELLAYA, CHERPULLASSERY.P.O., PALAKKAD-679 503.
BY ADVS.SRI.NIRMAL V NAIR SRI.ANEESH JOSEPH SRI.RILGIN V.GEORGE SRI.LIJO VARGHESE RESPONDENT(S)/DE FACTO COMPLAINANT AND STATE: ----------------------------------------------------------------------------------
1. K.H.MUSTHAFA, S/O.ABOOBACKER, AGED 58 YEARS, RESIDING AT KEHATH HOUSE, MAMBAD AMSOM AND DESOM, MAMBAD.P.O., BEEMBUNGAL, NILAMBOOR TALUK, MALAPPURAM-679 571.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031.
R1 BY ADV. SRI.RAHUL SASI R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 6384 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
------------------------------------------ ANNEXURE A1THE CERTIFIED COPY OF THE FIR IN CRIME NO.122/2009 OF THE VALANCHERY POLICE STATION.
ANNEXURE A2THE CERTIFIED COPY OF THE FINAL REPORT IN C.C.1697/2014 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, TIRUR.
ANNEXURE A3A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT.
RESPONDENTS' ANNEXURES:
NIL.
//TRUE COPY// P.S. TO JUDGE mbr/
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.6384 of 2015 B ````````````````````````````````````````````````````````````` Dated this the 14th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioners are accused Nos.1 to 3 in Crime No.122/2009 of Valanchery Police Station for the offences punishable under Sections 419, 420, 465, 468, 469 and 471 read with Section 34 IPC.
2.
The allegation against the petitioners is that they have forged and fabricated false documents, committed impersonation and obtained an amount of ₹5 lakhs from the Dhanalakshmi Bank, as if the loan is taken by CW1 and his brother.
3.
Presently, the matter has been amicably settled between the parties. The de facto complainant, who is the 1st respondent herein, has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between
Crl.M.C.6384/2015 : 2 :
the parties and he has no complaints against the petitioners. 4.
The learned counsel for the petitioners has produced a certificate issued by the Dhanalakshmi Bank stating that all the amounts towards the loan have been discharged and the Bank has no complaints in the matter. 5.
Considering the seriousness of the allegations against the petitioners, this is not a fit case wherein this Court can accept and endorse the settlement arrived at between the parties. At the same time, the court below can take note of that fact, take the case out of turn and dispose it of expeditiously, by taking into account the settlement arrived at between the parties.
With the said observations, this Crl.M.C. is dismissed. Sd/- (B.KEMAL PASHA, JUDGE) aks/14/10 // True Copy // PA to Judge