Moideen Kunhi v. Sakariya

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 Crl.MC.No. 7189 of 2015 () --------------------------- CC 1968/2014 of J.M.F.C-I, KASARAGOD CRIME NO. 56/2014 OF KUMBALA POLICE STATION, KASARGOD PETITIONERS/ACCUSED:- ------------------------

1. MOIDEEN KUNHI, AGED 36 YEARS S/O.ABDULLA, MUBARAK MANZIL, KALATHOOR ICHILAMPADY P.O., MANJESWAR TALUK, KASARAGOD DISTRICT.

2. ABDUL RAHIMAN HAJI, AGED 58 YEARS S/O.BAPPUNHI HAJI, JILANI COTTAGE, KALATHOOR ICHILAMPADY P.O., MANJESWAR TALUK, KASARAGOD DISTRICT.

3. YOUSUF, AGED 46 YEARS S/O.ABBAS MUKRI, MOULANA MANZIL, KALATHOOR ICHILAMPADY P.O., MANJESWAR TALUK, KASARAGOD DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE:-:

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1. SAKARIYA, AGED 25 YEARS S/O.ABBAS, ODYALAM HOUSE, KALATHOOR ICHILAMPADY P.O., MANJESWAR TALUK KASARAGOD DISTRICT - 671 321.

2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. R1 BY ADV. SRI.P.V.ANOOP R2 BY PUBLIC PROSECUTOR SMT.MAYA.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7189 of 2015 () --------------------------- APPENDIX PETITIONERS' ANNEXURES :

------------------------ ANNEXURE A. COPY OF THE FINAL REPORT DATED 28.02.14 IN C.C.NO.1968/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGOD, WHICH AROSE FROM CRIME NO.56 OF 2014 KUMBALA POLICE STATION. ANNEXURE B. TRUE COPY OF THE AFFIDAVIT FILED BY THE FIRST RESPONDENT DATED 29.05.2015.

RESPONDENT(S)' ANNEXURES ;

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

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B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7189 of 2015 ............................................................... Dated this the 24th day of November, 2015

O R D E R

Petitioners are the accused in C.C. No. 1968/2014 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No. 56/2014 of the Kumbala Police Station, Kasaragod, registered for the offences punishable under Sections 341, 323, 324 and 294(b) read with Section 34 IPC.

2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 1st respondent herein. The defacto complainant has filed Annexure-B affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

CRL.M.C. No. 7189 of 2015 -: 2 :- 3.

No criminal antecedents have been reported against 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. 1968/2014 pending before the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, based on Annexure - A Final Report, can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No. 1968/2014 pending before the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, based on Annexure - A Final Report, are hereby quashed.

Sd/- B. KEMAL PASHA, JUDGE.

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