N.P.Jamsheer v. The 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 Crl.MC.No. 7220 of 2015 () --------------------------- CC 1077/2013 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, KANNUR CRIME NO. 214/2015 OF IRIKKUR POLICE STATION, KANNUR PETITIONERS/ACCUSED NO.1 TO 3:
------------------------------
1. N.P.JAMSHEER, AGED 23 YEARS, S/O.ASSAINAR, NADUKANDI PARAMB, AAYIPUZHA, PATTATHUR, KASARAGOD TALUK, PO MUNNAD.
2. M.ANAS, AGED 24 YEARS, S/O.ABDUL HAMEED, MOOKINTEKATH, IRRIKUR, KANNUR DIST.
3. M. ANVAR, AGED 22 YEARS, S/O.MUSTHAFA, MINIKKAL, IRRIKUR, KANNUR DIST.
BY ADV. SRI.C.K.SREEJITH RESPONDENTS/STATE & DEFACTO COMPLAINANTS:
-----------------------------------------
1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, IRRIKKUR POLICE STATION, KANNUR DIST. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031.
2. K.P.JIJIL, AGED 31 YEARS, S/O.MUKUNDAN, CHANDROTH HOUSE, ANJARAKANDY AMSOM, PALAYAM DESOM, KANNUR DISTRICT 670612.
3. SIVANANDHAN K.G., AGED 47 YEARS, S/O.ANANDAN, SOWPARNIKA, IRRIKKUR AMSOM, KOLOD, IRRIKKUR, KANNUR DISTRICT 670593.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 & R3 BY ADV. SMT.MARY RANZOM LOUIZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7220 of 2015 () --------------------------- APPENDIX PETITIONERS' ANNEXURES :
------------------------ ANNEXURE A1:COPY OF THE FINAL REPORT IN CRIME NO.214/2013 OF IRRIKUR POLICE STATION.
ANNEXURE A2:THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT. ANNEXURE A3:THE AFFIDAVIT SWORN BY THE CW 5 WHO IS THE 3RD RESPONDENT.
RESPONDENTS' ANNEXURES :
------------------------- NIL // True Copy // P.A. To Judge DSV/4/12/15
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No.7220 of 2015 ............................................................... Dated this the 2nd day of December, 2015
O R D E R
Petitioners are accused Nos.1 to 3 in Crime No.214/2015 of the Irrikur Police Station, Kannur, presently pending as C.C. No.1077/2013 of the Judicial First Class Magistrate's Court-II, Kannur, registered for the offences punishable under Sections 448, 341 323, 324, 294(b) and 506(i) read with Section 34 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 and the other affected party. The defacto complainant and the other affected person have filed Annexures 2 and 3 affidavits, affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners.
CRL.M.C.No. 7220 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.1077/2013 of the Judicial First Class Magistrate's Court-II, Kannur, which has arisen from Crime No.214/2013 of the Irrikur Police Station, Kannur, as against the petitioners, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.1077/2013 of the Judicial First Class Magistrate's Court-II, Kannur, which has arisen from Crime No.214/2013 of the Irrikur Police Station, Kannur, as against the petitioners, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge