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High Court of KeralaCrl.MC/7454/2015allowed

Fawaz Mohammed Ali K.P v. State Of Kerala

2015-12-08Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 --------------------------- CC 712/2013 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, PERINTHALMANNA CRIME NO. 1121/2013 OF PERINTHALMANNA POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED NOS.1 TO 5:

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1. FAWAZ MOHAMMED ALI K.P., S/O.MOHAMMED ALI, KOZHIPARAMBIL HOUSE, PALOLIPARAMBU, ANAMANGADU.

2. MOHAMMED SHANUSH, S/O.KOYANNI, THANKAYATH HOUSE, NEAR KUNNAPPILLY LIBRARY, ELAMKULAM.

3. MUHAMMED MUBASHIR K.T., S/O.KUNHAMMED, AGED 21, KUNNATHODI HOUSE, ALIKKAPARAMBU CHENMANTHITTA, KEEZHATTUR.

4. SHAHEEN K., S/O.NAZAR, AGED 22, KARATTIL HOUSE, VENDAMOOLA, MELEKKALAM, THEZHEKODU.

5. MUHAMMED FAHID K.T., S/O.ABDUL SATTAR, KARAMTHODI HOUSE, KUNNAPPALLY, ELAMKULAM.

BY ADV. SRI.K.I.SAGEER IBRAHIM RESPONDENTS/STATE,COMPLAINANT & INJURED:

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1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, [CRIME NO. 1121/2013] PERINTHALMANNA POLICE STATION, PERINTHALMANNA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

2. SHAMEER BABU, S/O.ABDURAHIMAN, AGED 41, MANAHAMBRA HOUSE, NARANGAKUND PERINTHALMANNA P.O, MALAPPURAM-679 322.

3. MOHAMMEDALI, S/O.MAMMOOTTY, AGED 451, MURINGAKODAN HOUSE, NATTUKAL POST, THACHANATTUKARA, PALAKKAD 678 583.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R3 BY ADV. SRI.K.M.NASARUDHEEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/10/12/15

--------------------------- APPENDIX PETITIONERS' ANNEXURES:

----------------------- ANNEXURE A1. COPY OF THE FINAL REPORT IN FIR NO.CRIME NO. 1121/13 OF PERINTHALMANNA POLICE STATION, PERINTHALMANNA. ANNEXURE A2. COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT. ANNEXURE A3. COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT. RESPONDENTS' ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge DSV/10/12/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No.7454 of 2015 ======================= Dated this the 8th day of December, 2015

O R D E R

Petitioners are accused in C.C. No.712 of 2013 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, which has arisen from Crime No.1121 of 2013 of the Perinthalmanna Police Station, Malappuram, registered for the offences punishable under Sections 143, 147, 341 and 323 read with Section 149 IPC.

2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein and the other injured, who is the 3rd respondent herein. The defacto complainant and the other injured have filed Annexure-A2 and Annexure-A3 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.7454 of 2015 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.712 of 2013 pending before the Judicial First Class Magistrate's Court-I, Perinthalmanna, as against the petitioners, based on AnnexureA1 Final Report in Crime No.1121 of 2013 of the Perinthalmanna Police Station, Malappuram, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.712 of 2013 pending before the Judicial First Class Magistrate's Court-I, Perinthalmanna, as against the petitioners, based on Annexure-A1 Final Report in Crime No.1121 of 2013 of the Perinthalmanna Police Station, Malappuram, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE DSV/8/12/15 // True Copy // P.A. To Judge