M. Jafar v. Jomon

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Crl.MC.No. 6790 of 2015 () --------------------------- L.P.No.86/2011 of J.M.F.C., THALIPARAMBA CRIME NO.755/2008 OF THALIPARAMBA POLICE STATION, KANNUR PETITIONER/ACCUSED:

---------------------- M. JAFAR, AGED 28 YEARS, S/O MUHAMAD KUNHI, MALIKKAN HOUSE, THALIPPARAMBA AMSOM SAYID NAGAR, KANNUR DISTRICT.

BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANT:

-------------------------

1. JOMON, AGED 33 YEARS S/O CHACKO, UPPOOTTIL HOUSE, VELLADU AMSOM OTTATHAI DESOM, THALIPPARAMBA, KANNUR DISTRICT PIN:670 141.

2. E.V.KRISHNAN, AGED 45 YEARS S/O. BALAN NAMBIAR, EDATHIL HOUSE SREEKANDAPURAM, AMSOM, THALIPPARAMBA TALUK KANNUR DISTRICT, PIN:670 141.

3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, KOCHI-682031 R1 & R2 BY ADV. SMT.A.P.RUFAIJA R3 BY PUBLIC PROSECUTOR SMT.SAREENA.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6790 of 2015 () --------------------------- APPENDIX PETITIONER' ANNEXURES :

------------------------ ANNEXURE I: CERTIFIED COPY OF FINAL REPORT WITH WITNESS LIST IN CRIME NO.755/2008 OF THALIPARAMBA POLICE STATION.

ANNEXURE 2: ORIGINAL COPY OF SWORN AFFIDAVIT OF FIRST RESPONDENT.

ANNEXURE 3: ORIGINAL COPY OF SWORN AFFIDAVIT OF SECOND RESPONDENT.

RESPONDENT(S)' ANNEXURES :

NIL ------------------------ //True copy// P.A to Judge STU

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6790 of 2015 ======================= Dated this the 16th day of November, 2015

O R D E R

Petitioner is the accused in L.P. No.86/2011 (renumbered from C.C.No.307/2009) of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.755/2008 of the Taliparamba Police Station, Kannur, registered for the offences punishable under Sections 143, 147, 148, 341 and 324 of the Indian Penal Code read with Section 149 IPC.

2.

The matter has been amicably settled between the petitioner and the defacto complainant, who is the 1st respondent and the other injured, who is the 2nd respondent herein. The other accused in the Crime were acquitted. The defacto complainant and the other injured have filed separate affidavits as Annexures - 2 and 3 affirming that the matter has been amicably settled between them and the petitioner and they have no

Crl.M.C. No. 6790 of 2015 complaints against the petitioner.

3.

No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in L.P. No.86/2011 pending before the Judicial First Class Magistrate's Court, Taliparamba, as against the petitioner herein, based on Annexure-I Final Report, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in L.P. No.86/2011 pending before the Judicial First Class Magistrate's Court, Taliparamba, as against the petitioner herein, based on Annexure-I Final Report, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE stu