Siraj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 SC 9/2013 of ADDL.SESSIONS COURT-I (SPECIAL COURT), THALASSERY CRIME NO. 47/2010 OF SREEKANDAPURAM POLICE STATION, KANNUR PETITIONERS/ACCUSED NOS.1 TO 5:

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1. SIRAJ, AGED 26 YEARS, S/O.MUHAMMED KUNHI, PUZHAKKARA HOUSE, SREEKANDAPURAM PO, SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

2. SAVAD @ FABAD, AGED 25 YEARS, S/O.AHAMMED, MANDEN KUNNUMMAL HOUSE, SREEKANDAPURAM PO, SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

3. RAMSHEED, AGED 23 YEARS, S/O.MUHAMMED, AYYARAKATH PUTHIYAPURAYIL HOUSE, SREEKANDAPURAM PO, SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

4. RAMEES, AGED 23 YEARS, S/O.MAHAMOOD, PUZHAKKARA PUTHIYAPURAYIL HOUSE, KOTTOOVAYAL, SREEKANDAPURAM PO, SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

5. HAYAS @ FAYIS, AGED 24 YEARS S/O.HAMSA, BEEVEERAKATH PUTHIYAPURAYIL HOUSE, SREEKANDAPURAM PO, SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADV. SRI.V.T.MADHAVANUNNI

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O. SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT.

2. NITHIN KANNAN, AGED 21 YEARS, S/O.KUNHIKANNAN, ANUMAN KANDATHIL HOUSE, POKKUNDU, KURUMATHUR PO, KURUMATHUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN 670142 R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.V.A.SATHEESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/4/12/15

APPENDIX PETITIONERS' ANNEXURES :

------------------------ ANNEXURE A1: COPY OF THE FIR IN CRIME NO.47/2010 OF SREEKANDAPURAM POLICE STATION.

ANNEXURE A2: COPY OF THE CHARGE SHEET FILED AGAINST ACCUSED NOS.4 AND 5 IN CRIME NO.47/2010 OF SREEKANDAPURAM POLICE STATION.

RESPONDENTS' ANNEXURES:

----------------------- NIL // True Copy // P.S. To Judge DSV/4/12/15

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No.7214 of 2015 ............................................................... Dated this the 2nd day of December, 2015

O R D E R

Petitioners are accused Nos.1 to 5 in Crime No.47/2010 of the Sreekandapurpam Police Station, Kannur, which is presently pending as S.C. No.9/2013 of the Additional Sessions Court-I(Special Court), Thalassery, registered for the offences punishable under Sections 143, 147, 148, 341 and 324 read with Section 149 of the Indian Penal Code.

2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the second respondent herein. The defacto complainant has filed an 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. 7214 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 S.C. No.9/2013 of the Additional Sessions Court-I(Special Court), Thalassery, which has arisen from Crime No.47/2010 of the Sreekandapuram Police Station, Kannur, as against the petitioners, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in S.C. No.9/2013 of the Additional Sessions Court-I(Special Court), Thalassery, which has arisen from Crime No.47/2010 of the Sreekandapuram Police Station, Kannur, as against the petitioners, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge