P.T. Mujeeb v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 Crl.MC.No. 6426 of 2015 () --------------------------- CC 382/2015 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, PERINTALMANNA CRIME NO.771/2014 OF PERINTALMANNA POLICE STATION, MALAPPURAM PETITIONER/ACCUSED:
------------------- P.T. MUJEEB, AGED 44 YEARS, S/O.ABOOBACKER, POONTHOTTATHIL HOUSE, FIRE STATION ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN RESPONDENT/STATE AND DE-FACTO COMPLAINANT:
------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. GIREESH T.S., AGED 34 YEARS, S/O.THADATHIL SUBHASH, THADATHIL HOUSE, POOVANI P.O.- 680013, THRISSUR DISTRICT.
3. SHARADA, W/O.ACHUTHANADAKRISHNAN, MATTATHOOR AMSOM-676126, TIRURANGADI TALUK, MALAPPURAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA R2 & R3 BY ADV. SRI.A.M.BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DSV/12/11/15
Crl.MC.No. 6426 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE-A1: CERTIFIED COPY OF THE FIR IN CRIME NO.771/2014 OF PERINTHALMANNA POLICE STATION.
ANNEXURE-A2: COPY OF THE AGREEMENT ALLEGEDLY EXECUTED BETWEEN THE PETITIONER AND 3RD RESPONDENT.
ANNEXURE-A3: COPY OF THE FINAL REPORT IN CRIME NO.771/2014 OF PERINTHALMANNA POLICE STATION.
ANNEXURE-A4: THE AFFIDAVIT SWORN IN BY RESPONDENTS 2 AND 3. RESPONDENTS'ANNEXURES:
---------------------- NIL // True Copy // P.A. To Judge DSV/12/11/15
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 6426 of 2015 ======================= Dated this the 9th day of November, 2015
O R D E R
Petitioner is the accused in C.C. No.382 of 2015 of the Judicial First Class Magistrate's Court-I, Perintalmanna, which has arisen from Crime No.771 of 2014 of the Perintalmanna Police Station, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. 2.
The matter has been amicably settled between the petitioner and the defacto complainant, who is the 2nd respondent herein and the other affected person, who is the 3rd respondent herein. The defacto complainant and the other affected person have filed Annexure-A4 affidavit affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner. 3.
No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled, no
Crl.M.C. No.6426 of 2015 purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.382 of 2015 pending before the Judicial First Class Magistrate's Court-I, Perintalmanna, as against the petitioner, based on Annexure-A3 Final Report in Crime No.771 of 2014 of the Perintalmanna Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.382 of 2015 pending before the Judicial First Class Magistrate's Court-I, Perintalmanna, as against the petitioner, based on Annexure-A3 Final Report in Crime No.771 of 2014 of the Perintalmanna Police Station, are hereby quashed.
Sd/- B.KEMAL PASHA JUDGE DSV/11/11/15 // True Copy // P.A. To Judge