Sakkeer Hussain v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 Crl.MC.No. 6890 of 2015 ------------------------------------- C.C.NO.128/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD CRIME NO. 1536/2014 OF TOWN SOUTH POLICE STATION , PALAKKAD --------------------- PETITIONER(S)/ACCUSED NOS.1 & 2 :

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1. SAKKEER HUSSAIN, AGED 46 YEARS, S/O.SYED MOHAMMED, SHANU MANZIL, KAMMANTHARA, THATHAMANGALAM VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.

2. ABDUL LATHEEF, AGED 37 YEARS, S/O.ABAMMED SAHIB, KAMMANTHARA, THATHAMANGALAM VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.NIREESH MATHEW RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. PAZHANISWAMI, AGED 70 YEARS, S/O.RAMASWAMI GOUNDER, KARUVAPPARA VEEDU, KOZHINJAMPARA P.O., PALAKKAD DISTRICT.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.VIVEK VENUGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 6890 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE-A:

CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1536/2014 OF PALAKKAD TOWN SOUTH POLICE STATION.

ANNEXURE-B:

CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1536/2014 FILED BEFORE THE CHIEF JUDL.MAGISTRATE COURT, PALAKKAD.

ANNEXURE-C:

THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2 BEFORE HIS ADVOCATE AT PALAKKAD, DATED 26.08.2015.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6890 of 2015 ======================= Dated this the 2nd day of November, 2015

O R D E R

Petitioners are the accused in C.C.No.128/2015 of the Chief Judicial Magistrate's Court, Palakkad, which has arisen from Crime No.1536/2014 of the Town South Police Station, Palakkad, for the offences under Sections 420, 468 and 471 read with Section 34 IPC.

2. The matter relates to the transaction in respect of the property. The allegation is that a false agreement has been cooked up styling as an agreement for sale. Now, the entire matter has been amicably settled between the parties. The de facto complainant, who is the 2nd respondent herein has filed Annexure -C affidavit affirming that the matter has been settled amicably and he has no complaints against the petitioners.

3. When the matter has been amicably settled

Crl.M.C. No. 6890 of 2015 between the parties, no purpose would be served in proceeding with the matter further. Matters being so, all further proceedings in C.C.No.128/2015 of the Chief Judicial Magistrate's Court, Palakkad, as against the petitioners, based on Annexure - B final report, can be quashed.

In the result, this Crl.M.C is allowed and all further proceedings in C.C.No.128/2015 of the Chief Judicial Magistrate's Court, Palakkad based on Annexure - B final report, as against the petitioners, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE stu