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High Court of KeralaCrl.MC/7195/2015allowed

Hameed D v. State Of Kerala

2015-11-24Honourable Mr. Justice B.Kemal Pasha4 pages

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. 7195 of 2015 () --------------------------- CC 583/2013 of C.J.M.,KASARAGOD CRIME NO. 254/2013 OF KUMBALA POLICE STATION, KASARGOD PETITIONERS/ACCUSED:

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1. HAMEED. D, AGED 42 YEARS S/O.MUHAMMED, DERJAL HOUSE, INCHILAMKODE POST KUNCHATHUR VILLAGE, KASARAGOD

2. MUHAMMED BASHEER.D, AGED 29 YEARS S/O.ABOOBACKER, DERJAL HOUSE, INCHILAMKODE POST KUNCHATHUR VILLAGE, KASARAGOD BY ADV. SRI.S.JIJI RESPONDENTS/STATE, DE FACTO COMPLAINANT & INJURED : ------------------------------------------------

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

2. MUHAMMED , AGED 36 YEARS S/O.ABBAS, ADUKKA ISMAIL HAJI QUARTERS, ADUKKA BANTHIYOD POST, MANGALPADY VILLAGE, KASARAGOD

3. MISRIYA, AGED 34 YEARS W/O.ABBAS, DERJAL HOUSE, PACHAMPALLAM INCHILAMKODE POST, KUNCHATHUR VILLAGE, KASARAGOD R2 & 3 BY ADV. SMT.K.S.SANTHI R1 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. 7195 of 2015 () --------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

---------------------------- ANNEXURE A1:-CERTIFIED COPY OF THE FINAL REPORT IN CR. NO 254/2013 OF KUMBALA POLICE STATION ANNEXURE A2(a):-AFFIDAVIT DTD 24/10/2015 SWORN BY THE 2ND RESPONDENT ANNEXURE A2(b):-AFFIDAVIT DTD 24/10/2015 SWORN BY THE 3RD RESPONDENT RESPONDENT(S)' ANNEXURES :

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

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B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7195 of 2015 ............................................................... Dated this the 24th day of November, 2015

O R D E R

Petitioners are the accused in C.C. No. 583/2013 of the Chief Judicial Magistrate's Court, Kasaragod, which has arisen from Crime No. 254/2013 of the Kumbala Police Station, Kasaragod, registered for the offences punishable under Sections 341, 323, 294(b) 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 2nd respondent and the other injured, who is the 3rd respondent herein. The defacto complainant and the other injured have filed separate affidavits as Annexures A - 2(a) and A-2 (b) affirming that the matter has been amicably settled

CRL.M.C. No. 7195 of 2015 -: 2 :- between them and the petitioners and they have no complaints against the petitioners.

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. 583/2013 of the Chief Judicial Magistrate's Court, Kasaragod, as against the petitioners, based on Annexure - A-1 Final Report, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No. 583/2013 of the Chief Judicial Magistrate's Court, Kasaragod, as against the petitioners, based on Annexure - A-1 Final Report, are hereby quashed. Sd/- B. KEMAL PASHA, JUDGE.

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