Kallada Muhammed 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. 6908 of 2015 ------------------------------------- C.C.NO.308/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO. 147/2015 OF VIDYANAGAR POLICE STATION , KASARAGOD ----------------- PETITIONER(S)/ACCUSED :

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1. KALLADA MUHAMMED B.A., AGED 50 YEARS, S/O.ABDULLA B.A., KALLDA HOUSE, BENDICHAL, THEKKIL VILLAGE & POST, KASARAGOD.

2. IBRAHIM K.A, AGED 30 YEARS, S/O.ABDULLA KALLADA, BENDICHAL, THEKKIL VILLAGE & POST, KASARAGOD.

3. MUHAMMED RAFEEQ @ PARA RAFEEQ, AGED 30 YEARS, S/O.ASSAINAR, PARA HOUSE, BENDICHAL, THEKKIL VILLAGE & POST, KASARAGOD.

BY ADV. SRI.S.JIJI RESPONDENT(S)/DE-FACTO COMPLAINANT & STATE :

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

2. SIRAJUDDEEN A.N., AGED 28 YEARS, S/O.ABDULLAKUNHI, MANDALIPPARA HOUSE, CHATTAMCHAL POST, THEKKIL VILLAGE, KASARAGOD.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SMT.K.S.SANTHI 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. 6908 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

CERTIFIED COPY OF FINAL REPORT IN CR.147/2015 OF VIDYANAGAR POLICE STATION.

ANNEXURE A2:

AFFIDAVIT DATED 14/10/2015 SWORN BY THE 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6908 of 2015 ======================= Dated this the 2nd day of November, 2015

O R D E R

Petitioners are the accused in C.C.No.308/2015 of the Chief Judicial Magistrate's Court, Kasaragod. The de facto complainant is the 2nd respondent herein. The case has arisen from Crime No.147/2015 of the Vidyanagar Police Station, Kasaragod, for the offences under Sections 143, 147, 148, 323, 324 and 448 read with Section 149 IPC.

2. The matter has been amicably settled between the petitioners and the 2nd respondent, who is the de facto complainant. The 2nd respondent has filed Annexure - A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. The injuries sustained to the 2nd respondent are trivial.

3. No criminal antecedents have been reported against the petitioners. When the matter has been amicably

Crl.M.C. No. 6908 of 2015 settled between the parties, no purpose would be served in proceeding with the matter further and therefore, all further proceedings in C.C.No.308/2015 of the Chief Judicial Magistrate's Court, Kasaragod based on Annexure - A1 final report in Crime No. 147/2015 of the Vidyanagar Police Station, Kasaragod, can be quashed.

In the result, this Crl.M.C is allowed and all further proceedings in C.C.No.308/2015 of the Chief Judicial Magistrate's Court, Kasaragod based on Annexure - A1 final report, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE stu