M.K.Asmal v. The State Of Kerala
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. 7068 of 2015 () --------------------------- (SC.NO. 271/2014 OF ASSISTANT SESSIONS COURT, MANJERI DATED 04-08-2015) (L.P.NO. 106/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, PERINTHALMANNA) ---------- PETITIONER(S)/ACCUSED :
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1. M.K.ASMAL, S/O.ALAVI, MANCHERIKKADAN HOUSE, VALLUVANGAD P.O., KODASSERY, MALAPPURAM DISTRICT.
2. MIDILAJ, S/O.KABEER, NEELANGODAN HOUSE, KODASSERY, MALAPPURAM DISTRICT.
3. SHAFI, S/O.ABOOBACKER (LATE), VELLENGARA HOUSE, KARAYA, KODASSERY, MALAPPURAM DISTRICT.
4. BAVA HASRATH HABEEB,S/O.SHARAFUDHEEN, PULIYANGODAN HOUSE, CHEMBRASSERY, PANDIKKAD, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031 FOR THE SUB INSPECTOR OF POLICE, PANDIKKAD POLICE STATION, MALAPPURAM DISTRICT.
2. ASHIQ, S/O.MOHAMMEDALI, THEKKAN HOUSE, PANDIKKAD AMSOM, DESOM, ERNAD TALUK, MALAPPURAM DISTRICT.PIN- 676 521. R1 PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2 BY ADV. SMT.K.NISHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
Crl.MC.No. 7068 of 2015 () ---------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
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COPY OF THE FINAL REPORT/CHARGE IN CRIME.NO. 242/13 OF THE PANDIKKAD POLICE STATION.
ANNEX B.
COPY OF THE JUDGMENT IN SC.NO.72/11 OF ADDL.SESSIONS JUDGE III, MANJERI DATED 18.11.14.
ANNEX C.
COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 29.10.15.
RESPONDENT(S)' ANNEXURES:
NIL ------------------------------------------------ /TRUE COPY/ P.S.TO JUDGE sts
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No.7068 of 2015 ............................................................... Dated this the 16th day of November, 2015
O R D E R
Petitioners are accused Nos.2 to 5 in Crime No.242/2013 of the Pandikkad Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code. The first accused faced the trial in the case, and he was acquitted. The case against A2 to A5 was split up and presently it is pending as L.P.Case No.106/2014 of the Judicial First Class Magistrate's Court-II, Perinthalmanna, 2.
The matter has been amicably settled between the petitioners and the defacto complainant, who is the
CRL.M.C.No. 7068 of 2015 -: 2 :- second respondent herein. The defacto complainant has filed Annexure C affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. There are no sufficient ingredients to invite an offence under Section 308 IPC in this case.
3.
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.Case No.106/2014 pending before the Judicial First Class Magistrate's Court-II, Perinthalmanna as against the petitioners, based on Annexure A Final Report in Crime No.242/2013 of the Pandikkad Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in L.P.Case No.106/2014 pending before the Judicial First Class Magistrate's Court-II, Perinthalmanna as against the petitioners, based on Annexure A Final Report in
CRL.M.C.No. 7068 of 2015 -: 3 :- Crime No.242/2013 of the Pandikkad Police Station, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge