Jaleell A.M 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. 7203 of 2015 () --------------------------- CRIME NO. 90/2015 OF BEDAKOM POLICE STATION, KASARGOD PETITIONER(S)/ACCUSED NOS.1 TO 10:

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1. JALEEL A.M, AGED 27 YEARS S/O.MUHAMMED KUNHI, ENIYADI, KARIVEDAKAM BANDADUKA P.O., KASARAGOD DISTRICT, PIN 671541.

2. MUJEEB PADUPPU, AGED 36 YEARS S/O.SULAIMAN PADUPPU HOUSE, SANKARAMPADY P.O. KASARAGOD DISTRICT, PIN 671541.

3. KHADER AGED 23 YEARS S/O.SULAIMAN, PADUPPU HOUSE, SANKARAMPADY P.O. KASARAGOD DISTRICT, PIN 671541.

4. ALI AGED 20 YEARS S/O.HASSAINAR, ENIYADI HOUSE, BANDADUKA KASARAGOD DISTRICT, PIN 671541.

5. BILAL AGED 19 YEARS S/O.MUHAMMED KUNHI, ENIYADI HOUSE, KARIVEDAKAM KASARAGOD DISTRICT, PIN 671541.

6. THAHA AGED 19 YEARS S/O.ABDUL RAHIMAN, ENIYADI HOUSE, KARIVEDAKAM KASARAGOD DISTRICT, PIN 671541.

7. SAKKARIA AGED 28 YEARS S/O.ABBAS, KUNNUMMAL HOUSE, ENIYADI BANDADUKA, KASARAGOD DISTRICT, PIN 671541.

8. NOUSHAD K.P. AGED 28 YEARS S/O.MUHAMMED KUNHI, BANDADUKA P.O., BANDADUKA KASARAGOD DISTRICT, PIN 671541.

9. KULANDAR SHAJI AGED 30 YEARS S/O.ABBAS, KUNNUMMAL HOUSE, BANDADUKA P.O.

KASARAGOD DISTRICT, PIN 671541.

10. ISMAIL AGED 26 YEARS S/O.ABBAS, PERUMBA, ENIYADI BANDADUKA, KASARAGOD DISTRICT, PIN 671541.

BY ADV. SRI.DILEEP D BHAT

RESPONDENT(S)/STATE & COMPLAINANT/DEFACTO COMPLAINANT AND INJURED::

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

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

3. ABDUL NAFIH B.A., AGED 20 YEARS ABDUL KHADER B.M., K.B.M. HOUSE, KUNIA PERIYA P.O., PANAYAL VILLAGE, KASARAGOD DISTRICT PIN 671316.

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. 7203 of 2015 () --------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

----------------------------- ANNEXURE-A1: CERTIFIED COPY OF FIR IN CRIME NO.90/2015 OF BEDAKOM POLICE STATION IN KASARAGOD DISTRICT ALONG WITH STATEMENT OF THE DEFACTO-COMPLAINANT.

ANNEXURE-A2: TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 30.08.15.

ANNEXURE-A3: ORIGINAL OF THE AFFIDAVIT DATED 6.10.2015 SWORN BY THE FATHER OF THE 2ND RESPONDENT.

ANNEXURE-A4: ORIGINAL OF THE AFFIDAVIT DATED 06.10.2015 SWORN BY THE 3RD RESPONDENT.

RESPONDENT(S)' ANNEXURES :

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

STU

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7203 of 2015 ======================= Dated this the 24th day of November, 2015

O R D E R

The petitioners are accused in Crime No.90 of 2015 of the Bedakom Police Station, registered for the offences punishable under Sections 143, 147, 148, 323, 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.85 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 person, who are respondents 2 and 3 herein, have filed separate affidavits as Annexure-A3 and Annexure-A4,

Crl.M.C. No. 7203 of 2015 affirming that the matter has been amicably settled between them and the petitioners and respondents 2 and 3 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.90 of 2015 of the Bedakom Police Station an 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.90 of 2015 of the Bedakom Police Station an all further proceedings in it, are hereby quashed.

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