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High Court of KeralaCrl.MC/6984/2015allowed

Ansal v. State Of Kerala

2015-12-03Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 --------------------------- CC 248/2015 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, MUVATUPUZHA CRIME NO. 3076/2014 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED:

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1. ANSAL, AGED 20 YEARS, S/O.MOIDEEN, RESIDING AT KUTTIKATTU MARIYIL HOUSE, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

2. MAHIN, AGED 20 YEARS, S/O.AZAD, RESIDING AT PADINJARACHALIL HOUSE, RANDARKARA KARA, MUVATTUPUZHA VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

3. BIBIN, AGED 24 YEARS, S/O.ELDOSE, RESIDING AT PARAMBATH HOUSE, NIRAPPU BHAGAM, EAST VAZHAPPILLY KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.O.S.JAFARKHAN RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH THE SUB INSPECTOR, MUVATTUPUZHA POLICE STATION, IN CRIME NO, 2613/2014.

2. MUNEEF, AGED 20 YEARS, S/O.NAUSHAD, RESIDING AT ARIYATTIL HOUSE, PEZHACKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

3. NASEEF, AGED 23 YEARS, S/O.NAUSHAD, RESIDING AT ARIYATTIL HOUSE, PALLICHIRANGARA BHAGAM, PEZHACKAPPILLY P.O., PEZHACKAPPILLY VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 & R3 BY ADV. SRI.A.V.JAMES THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/4/12/15

APPENDIX PETITIONERS' ANNEXURES:

----------------------- ANNEXURE A1: COPY OF THE FIR DATED 08.12.2014 REGISTERED BY THE 1ST RESPONDENT.

ANNEXURE A2: COPY OF THE STATEMENT GIVEN BY THE DEFACTO COMPLAINANT.

ANNEXURE A3: COPY OF THE FINAL REPORT DATED 15.01.2015 SUBMITTED BY THE 1ST RESPPONDENT.

RESPONDENTS' ANNEXURES :

------------------------- NIL // True Copy // P.S. To Judge DSV/4/12/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 6984 of 2015 ======================= Dated this the 3rd day of December, 2015

O R D E R

Petitioners are accused in C.C. No.248 of 2015 of the Judicial First Class Magistrate's Court-I, Muvattupuzha, which has arisen from Crime No.3076 of 2014 of the Muvattupuzha Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 506(ii) and 427 of the Indian Penal Code read with Section 149 IPC.

2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein and the other injured, who is the 3rd respondent herein. The defacto complainant and the other injured have filed Annexure-A4 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

Crl.M.C. No.6984 of 2015 the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.248 of 2015 of the Judicial First Class Magistrate's Court-I, Muvattupuzha, as against the petitioners, based on Annexure-A3 Final Report in Crime No.3076 of 2014 of the Muvattupuzha Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.248 of 2015 of the Judicial First Class Magistrate's Court-I, Muvattupuzha, as against the petitioners, based on Annexure-A3 Final Report in Crime No.3076 of 2014 of the Muvattupuzha Police Station, are hereby quashed. Sd/- B. KEMAL PASHA JUDGE DSV/3/12/15 // true copy // P.A. to Judge.