Ashraf v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 Crl.MC.No. 5860 of 2014 ---------------------------------- CRIME NO. 1865/2014 OF KAYAMKULAM POLICE STATION , ALAPPUZHA ------------- PETITIONER(S)/DEFACTO COMPLAINANT:
------------------------------------------------------------ ASHRAF, AGED 40 YEARS, SON OF KOYAKUTTY, MALIYEKKAL VEEDU, CHERAVALLY VILLAGE KAYAMKULAM VILLAGE, KAYAMKULAM P.O.
ALAPPUZHA - 690 502.
BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR RESPONDENT(S)/STATE AND THE ACCUSED PERSON:
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1. STATE OF KERALA, REPRESENTED BY ITS SUB INSPECTOR OF POLICE KAYAMKULAM POLICE STATION KAYAMKULAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SAYID HAJI SHOUKATHU ALI @ MADAVOOR THANGAL (K.M.IBRAHIM SHOUKATHU ALI), S/O. MOOSAKUNJU PATHIYUR MANZIL, DASHINA KANNADA JILLA KARNATAKA - 560 003.
3. SAJU @ MARIAM SAJU, KANIYAMPARAMBIL, KAYAMKULAM MURI, KAYAMKULAM P.O. PIN - 690 502.
R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Crl.MC.No. 5860 of 2014 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------------ A1 - CERTIFIED COPY OF THE FIR IN CRIME NO. 1865 OF 2014 OF THE KAYAMKULAM POLICE STATION, DT. 07.7.14 RESPONDENT(S)' ANNEXURE ------------------------------------------ NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
P.UBAID, J.
~~~~~~~~~~ Crl.M.C No. 5860 of 2014 ~~~~~~~~~~~ Dated this the 22nd January, 2015
O R D E R
The petitioner herein is the de facto complainant in Crime No.1865 of 2014 of the Kayamkulam Police Station, registered under Sections 420 and 406 of Indian Penal Code and also under Sections 2 and 7 of the Magic Remedies Act.
2.
The respondents 2 and 3 herein are the accused in the crime. They and the complainant have now come to terms. The petitioner's complaint is that the accused received a huge amount under a false promise. Anyway, now the dispute stands amicably settled, and the de facto complainant has no grievance or complaint. He himself has come before this Court for quashing the prosecution. I find that the parties have really settled the dispute and continuance of prosecution will cause harm and hardship to both the parties.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.1865 of 2014 of the
Crl.M.C No. 5860 of 2014 Kayamkulam Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge