Abdul Majeed v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 ------------------------------------- C.C.NO.333/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR CRIME NO. 55/2015 OF VAZHIKKADAVU POLICE STATION , MALAPPURAM DISTRICT -------------- PETITIONER(S)/ACCUSED :

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1. ABDUL MAJEED, AGED 50 YEARS, S/O.MOHAMMEDKUTTY, VADAKKUMPADAM HOUSE, AANAPPARA, KAARAKKOD P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT.

2. NAVAS, S/O.MAJEED, AGED 28 YEARS, VADAKKUMPADAM HOUSE, AANAPPARA, KAARAKKOD P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT.

3. UNAIS, AGED 24 YEARS, S/O.MAJEED, VADAKKUMPADAM HOUSE, AANAPPARA, KAARAKKOD P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT.

4. RASHEED, AGED 39 YEARS, S/O.MUHAMMED, KINATTINGAL HOUSE, KALLIDUMBU, EDAVANNA P.O, ERANAD TALUK, MALAPPURAM DISTRICT.

5. ABDU, AGED 60 YEARS, S/O.SEETHI, VADAKKUMPADAM HOUSE, AANAPPARA, KAARAKKOD P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.P.SAMSUDIN RESPONDENT(S)/STATE AND COMPLAINANT :

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

(IN CRIME NO.55/2015 OF VAZHIKKADAVU POLICE STATION) ..2/-

..2..

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2. SULAIMAN, AGED 39 YEARS, S/O.ABDURAHMAN, PULUVALAPPIL HOUSE, VAZHIKKADAVU AMSOM -679 331, KAARAKKODU, NILAMBUR TALUK.

3. SHEREEBA, AGED 26 YEARS, W/O.MOIDEEN, PUULUVALAPPIL HOUSE, VAZHIKKADAVU AMSOM, KAARAKKODU P.O.-679 331, AANAPPARA, NILAMBUR TALUK.

4. MOOSA, AGED 59 YEARS, S/O.KUNJALAVI, AALAYI HOUSE, KAMBAKKALLU P.O 679 331, NILAMBUR TALUK, VAZHIKKADAVU.

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 TO R4 BY ADV. SRI.JITHIN LUKOSE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNX.A1:

TRUE COPY OF THE FINAL REPORT IN CRIME NO. 55/2015 OF VAZHIKKADAVU POLICE STATION.

ANNX.A2:

THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 2ND, 3RD AND 4TH RESPONDENT DATED 09.09.2015.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 6591 of 2015 ======================= Dated this the 4th day of November, 2015

O R D E R

Petitioners are the accused in C.C. No.333 of 2015 of the Judicial First Class Magistrate's Court, Nilambur, which has arisen from Crime No.55 of 2015 of the Vazhikkadavu Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 506(i) IPC read with Section 149 IPC.

2.

The matter has been amicably settled between the petitioners and the defacto complainant and the other injured, who are respondents 2 to 4 herein. The defacto complainant and the other injured have filed Annexure-A2 affidavit affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners. 3.

No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no

Crl.M.C. No.6591 of 2015 purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.333 of 2015 pending of the Judicial First Class Magistrate's Court, Nilambur, as against the petitioners, based on Annexure-A1 Final Report in Crime No.55 of 2015 of the Vazhikkadavu Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.333 of 2015 pending of the Judicial First Class Magistrate's Court, Nilambur, as against the petitioners, based on Annexure-A1 Final Report in Crime No.55 of 2015 of the Vazhikkadavu Police Station, are hereby quashed. Sd/- B.KEMAL PASHA JUDGE DSV/7/11/15 // True Copy // P.A. To Judge