Sheik Muhuyudheen v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 Crl.MC.No. 7186 of 2015 () --------------------------- CC 1082/2015 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT, MUVATUPUZHA CRIME NO.492/2015 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM PETITIONER/ACCUSED:

------------------- SHEIK MUHUYUDHEEN, S/O.HAJA MUHUYUDHEEN, KIZHAKKEKUDIYIL HOUSE, VELLOORKKUNNAM VILLAGE, MUDAVOOR KARA, MUVATTUPUZHA TALUK.

BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENTS/STATE & COMPLAINANT:

--------------------------------

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

2. SAJMAL, S/O.ISMAIL, NIRAPPEL HOUSE, VELLOORKKUNNAM VILLAGE, VAZHAPPILLY KARA, MUVATTUPUZHA TALUK.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.V.K.SHAMEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-11-15, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/24/11/15

Crl.MC.No. 7186 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------- ANNEXURE A. COPY OF THE FINAL REPORT FILED BY THE INVESTIGATING OFFICER DATED 10.3.15.

ANNEXURE B. COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 6.11.15.

RESPONDENTS' ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge DSV/24/11/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7186 of 2015 ======================= Dated this the 23rd day of November, 2015

O R D E R

Petitioner is the accused in C.C. No.1082 of 2015 of the Judicial First Class Magistrate's Court, Muvattupuzha, which has arisen from Crime No.492 of 2015 of the Muvattupuzha Police Station, registered for the offences punishable under Sections 341, 323, 294(b) and 506(i) of the Indian Penal Code.

2. The matter has been amicably settled between the petitioner and the defacto complainant, who is the 2nd respondent herein. The defacto complainant has filed Annexure -B affidavit affirming that the matter has been amicably settled

Crl.M.C. No.7186 of 2015 between him and the petitioner and he has no complaints against the petitioner.

3.

There is a connected case also in the matter registered as Crime No.493 of 2015 of the same Police Station. The matter involved in the said crime has also been settled between the parties. No criminal antecedents have been reported against the petitioner. 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.1082 of 2015 pending before the Judicial First Class Magistrate's Court, Muvattupuzha, as against the petitioner, based on Annexure-A Final Report in Crime No.492 of 2015 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.1082 of 2015 pending before the Judicial First Class Magistrate's Court, Muvattupuzha, as against the petitioner, based on Annexure-A Final Report in

Crl.M.C. No.7186 of 2015 Crime No.492 of 2015 of the Muvattupuzha Police Station, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE DSV/23/11/15 // true copy // P.A. to Judge.