High Court of KeralaCrl.MC/7201/2015allowed

Razak Paduppu v. State Of Kerala

2015-11-24Honourable Mr. Justice B.Kemal Pasha5 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. 7201 of 2015 () --------------------------- CRIME NO. 85/2015 OF BEDAKOM POLICE STATION, KASARGOD PETITIONERS/ACCUSED 1 TO 7:

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1. RAZAK PADUPPU, AGED 32 YEARS S/O.IBRAHIM, PUNATHIL HOUSE, PADUPPU SANKARAMPADY P O, KASARAGOD DISTRICT, PIN 671541

2. MUNEEER PADUPPU AGED 28 YEARS S/O.ABDUL RAHIMAN, PUNATHIL HOUSE, PADUPPU SANKARAMPADY P O, KASARAGOD DISTRICT, PIN 671541

3. MUJEEB PADUPPU AGED 19 YEARS S/O.ABDUL RAZAK, PUNATHIL HOUSE, PADUPPU SANKARAMPADY P O, KASARAGOD DISTRICT, PIN 671541

4. SHAHID PADUPPU AGED 23 YEARS S/O.KUNJABDULLA, PADUPPU, SANKARAMPADY P O KASARAGOD DISTRICT, PIN 671541

5. SHIHAB KUNIA AGED 36 YEARS S/O.MUHAMMED MUSLIAR, THEKKUPURAM HOUSE, KUNIA PERIYE, KASARAGOD DISTRICT, PIN 671316

6. ALI KUNIA AGED 26 YEARS S/O.MUHAMMED MUSLIAR, THEKKUMPURAM HOUSE, KUNIA PERIYE, KASARAGOD DISTRICT, PIN 671316

7. MUBASHEER KUNIA AGED 16 YEARS S/O.MUHAMMED K , THEKKUPURAM HOUSE, KUNIA PERIYE, KASARAGOD DISTRICT, PIN 671316 REPRESENTED BY HIS FATHER MUHAMMED.K.

BY ADVS.SRI.K.J.MOHAMMED ANZAR SMT.P.R.SOPHIYA

RESPONDENTS/STATE & COMPLAINANT/DEFACTO COMPLAINANT & INJURED: -------------------------------------------------------------

1. STATE OF KERALA REP BY THE STATION HOUSE OFFICER BADAKOM POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PIN 682031

2. MUHAMMED THAHA A A, AGED 19 YEARS S/O.ABDUL RAHIMAN, ENIYADI HOUSE, KARIVEDAKAM KASARAGOD DISTRICT, PIN 671514

3. HIDER ALI A A , AGED 20 YEARS S/O.HASSAINAR, ENIYADI HOUSE, ENIYADI BANDADKA, KASARAGOD DISTRICT.

4. MUHAMMED BILAL, AGED 19 YEARS S/O.MUHAMMED KUNHI, ENIYADI HOUSE, ENIYADI, KARIVEDAKAM KASARAGOD DISTRICT, PIN 671514

5. JALEEL A M, AGED 27 YEARS S/O.MUHAMMED KUNHI A A, ENIYADI HOUSE, KARIVEDAKAM, BANDADKA, KASARAGOD DISTRICT.

R2 -R 5 BY ADV. SRI.DILEEP D BHAT 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. 7201 of 2015 () --------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

----------------------------- A1:- CERTIFIED COPY OF THE FIR IN CRIME NO 85/2015 OF BEDAKOM POLICE STATION IN KASARAGOD DISTRICT A2:- CERTIFIED COPY OF THE STATEMENT OF THE DEFACTOCOMPLAINANT GIVEN TO POLICE DTD 19/2/2015 A3:- TRUE COPY OF THE REPORT DTD 4/2/2015 SUBMITTED BY THE S I OF POLICE, BEDAKOM POLICE STATION, BEFORE JFCM COURT, KASARAGOD A4:- TRUE COPY OF THE SETTLEMENT DTD 30/8/2015 A5:- ORIGINAL OF THE AFFIDAVITS DTD 5/10/2015 SWORN BY THE RESPONDENTS 2 TO 5 RESPONDENT(S)' ANNEXURES :

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

STU

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7201 of 2015 ======================= Dated this the 24th day of November, 2015

O R D E R

The petitioners are accused in Crime No.85 of 2015 of the Bedakom Police Station, registered for the offences punishable under Sections 143, 147, 148, 324 and 308 IPC read with Section 149 IPC.

2. It seems that the matter has been amicably settled between the parties. On going through the matter, this Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. There is a connected case also in the matter registered as Crime No.90 of 2015 of the same Police Station. The matter involved in the said crime has also been settled between the parties.

3. The defacto complainant and the other injured persons, who are respondents 2 to 5 herein, have filed separate affidavits as Annexure-A5 series, affirming that the matter has been amicably settled between them and the

Crl.M.C. No. 7201 of 2015 petitioners and respondents 2 to 5 have no complaints against the petitioners. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, Annexure-A1 First Information Report in Crime No.85 of 2015 of the Bedakom Police Station and all further proceedings in it, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure-A1 First Information Report in Crime No.85 of 2015 of the Bedakom Police Station and all further proceedings in it, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE DSV/24/11/15