S.N.Muhammedkunhi Haji v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 AGAINST THE ORDER/JUDGMENT IN CMP 1610/2012 of J.M.F.C.-I, HOSDRUG CRIME NO. 133/2012 OF CHANDERA POLICE STATION , KASARGOD PETITIONER(S)/PETITIONERS/ACCUSED:

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1. S.N.MUHAMMEDKUNHI HAJI, AGED 78 YEARS S/O.A.K.ABDULLA, RESIDING AT POOVALAPPIL SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

2. A.K.KHADEEJA, AGED 48 YEARS D/O.S.N.MUHAMMEDKUNHI HAJI, RESIDING AT POOVALAPPIL SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

3. A.K.RUKHIYA, AGED 43 YEARS D/O.S.N.MUHAMMEDKUNHI HAJI, RESIDING AT POOVALAPPIL SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

4. A.K.SAINABA, AGED 38 YEARS D/O.S.N.MUHAMMEDKUNHI HAJI, RESIDING AT POOVALAPPIL SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

5. A.K.ABDULLA, AGED 39 YEARS S/O.S.N.MUHAMMEDKUNHI HAJI, RESIDING AT POOVALAPPIL SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT

6. A.K.ABDULRAHIMAN, AGED 38 YEARS S/O.S.N.MUHAMMEDKUNHI HAJI, RESIDING AT POOVALAPPIL SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S)/RESPONDENTS/STATE:

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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING STATION HOUSE OFFICER CHANDERA POLICE STATION.

2. A.G.AHAMED KUTTY, AGED 58 YEARS S/O.A.K.ABDULLA HAJI, CHOWARAMBIL HOUSE, AYITTY NORTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

R2 BY ADV. SRI.A.L.GEORGE R1 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-A1 TRUE COPY OF THE COMPLAINT FILED BY THE COMPLAINANT AS C.M.P.1610/2012 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURTI,HOSDURG. ANNEXURE-A2 TRUE COPY OF THE SETTLEMENT BEFORE THE MEDIATION CENTRE HOSDURG DATED 7.6.2014 ANNEXURE-A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 13.11.2015.

ANNEXURE-A4 TRUE COPY OF THE FIR IN CRIME NO.133/2012 OF CHANDER POLICE STATION.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // True Copy // PA to Judge

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7403 of 2015 ````````````````````````````````````````````````````````````` Dated this the 17th day of December, 2015

O R D E R

~ ~ ~ ~ ~ ~ The petitioners are the accused in Crime No.133/2012 of Chandera Police Station, registered for the offences punishable under Sections 143, 147, 148, 120(b), 465, 467, 468, 471 and 420 read with Section 149 IPC. 2.

It seems that the matter has been amicably settled between the parties.

3.

The defacto complainant, who is the 2nd respondent herein, has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no complaints against the petitioners. When the matter has been amicably settled between the parties, no purpose would be served in

Crl.M.C.7403/2015 : 2 :

proceeding with the matter any further. Matters being so, all further proceedings against the petitioners in Crime No.133/2012 of Chandera Police Station can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioners in Crime No.133/2012 of Chandera Police Station are quashed. Sd/- (B.KEMAL PASHA, JUDGE) aks/18/12 // True Copy // PA to Judge