Riyas R v. State Of Kerala

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. 7191 of 2015 () --------------------------- CC 3654/2013 of J.M.F.C-1, KASARAGOD CRIME NO. 442/2013 OF BEDAKOM POLICE STATION , KASARGOD PETITIONERS/ACCUSED:

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1. RIYAS R.

S/O. RAZAK, KUKKAMKAYA HOUSE, PADUPPU KARIYEDAKAM VILLAGE, KARIYEDAKAM P.O.

2. MUJEEB RAHMAN A.A.

S/O. LATE SULAIMAN A.A., PADUPPUN HOUSE KARIVEDAKAM VILLAGE, KARIYEDAKAM P.O.

BY ADV. SMT.REENA ABRAHAM RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

2. THE STATION HOUSE OFFICER BEDAKAM POLICE STATION, KASARAGOD-671541.

3. SUBAIR S/O. LATE MOHAMMED HAJI, RESIDING AT THAVANATH HOUSE PADUPPU, KARIVEDAKAM-671541.

R3 BY ADV. SRI SUBASH BOZZ R1 & 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. 7191 of 2015 () --------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

----------------------------- ANNEXURE A1- A TRUE COPY OF THE F.I.R IN CRIME NO. 442/2013 OF THE BEDAKAM POLICE STATION, KASARGODE.

ANNEXURE A2- CERTIFIED COPY OF THE FINAL REPORT DATED 25-102013 IN CRIME NO. 442/2013 OF THE BEDAKAM POLICE STATION, KASARGODE, SUBMITTED BY THE SECOND REPONDENT.

ANNEXURE A3- AFFIDAVIT SWORN TO BY THE THIRD RESPONDENT. RESPONDENT(S)' ANNEXURES :

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

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B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7191 of 2015 ............................................................... Dated this the 24th day of November, 2015

O R D E R

Petitioners are the accused in C.C. No. 3654/2013 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No. 442/2013 of the Bedakam Police Station, Kasaragod, registered for the offences punishable under Sections 323, 324 and 506(ii) read with Section 34 IPC.

2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 3rd respondent herein. The defacto complainant has filed Annexure-A3 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. 7191 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. 3654/2013 of the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, based on Annexure - A2 Final Report, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No. 3654/2013 of the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, based on Annexure - A2 Final Report, are hereby quashed.

Sd/- B. KEMAL PASHA, JUDGE.

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