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High Court of KeralaCrl.MC/6657/2015allowed

Shefeek v. State Of Kerala

2015-11-03Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 Crl.MC.No. 6657 of 2015 ---------------------------------- CC 373/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA CRIME NO. 991/2010 OF PATHANAMTHITTA POLICE STATION, PATHANAMTITTA PETITIONER(S)/ACCUSED 1,2:

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1. SHEFEEK @ SHIJU, AGED 27 YEARS, S/O.MEERA SAHIB, RESIDING AT NARAGATHINALKUZHI VEEDU, NARAGATHINALKUZHI, VETTIPPURAM, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-689 645.

2. DILSHAD HASSAN, AGED 25 YEARS, S/O.HASSAN, RESIDING AT SHAMNAD MAZIL, MELEVETTIPURAM, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-689 645. BY ADV. SRI.MANU RAMACHANDRAN RESPONDENT(S)/COMPLAINANT & DE-FACTO COMPLAINANT: -----------------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION WHO IS REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. VAISAKH DEV, AGED 25 YEARS, S/O.VAMADEVAN, RESIDING AT KALPAKASSERIL VEEDU, ANAPPARA, KANNAMKARA, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-689 646.

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SMT.K.V.SAMUDRA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 6657 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A1: THE CERTIFIED COPY OF THE FINAL REPORT FILED BY THE PATHANAMTHITTA POLICE BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA.

ANNEXURE A2: THE ORIGINAL OF THE NOTARISED AFFIDAVIT SWORN BY THE 2ND RESPONDENT DTD.22.9.2015.

RESPONDENT(S)' ANNEXURES:

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

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.6657 of 2015 A ````````````````````````````````````````````````````````````` Dated this the 3rd day of November, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioners are the accused in CC No.373/2010 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.991/2010 of Pathanamthitta Police Station for the offence punishable under Section 324 read with Section 34 IPC.

2.

It seems that the matter has been amicably settled between the petitioners and the de facto complainant, who is the 2nd respondent herein. 3.

The 2nd respondent has filed Annexure-A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no complaints against the petitioners.

4.

No criminal antecedents have been reported against the petitioners. No purpose would be served in

Crl.M.C.6657/2015 : 2 :

proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.373/2010 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, based on Annexure-A1 Final Report, are liable to be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.373/2010 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, based on Annexure-A1 Final Report, are hereby quashed. Sd/- (B.KEMAL PASHA, JUDGE) aks/04/11 // True Copy // PA to Judge