Jasir v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 ------------------------------------ CRIME NO. 815/2015 OF KOTTAKKAL POLICE STATION , MALAPPURAM DISTRICT ---------------- PETITIONER(S)/ACCUSED :

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1. JASIR, AGED 25 YEARS, S/O.MOOSAKUTTY, KARIMKAPARA HOUSE, OTHUKKUNGAL P.O., KOTTAKKAL, MALAPPURAM DISTRICT.

2. MUHAMMED FARIS, AGED 23 YEARS, S/O.ABDU RAHIMAN, THANIVEPPIL HOUSE, KOZHICHENA, KOTTAKKAL, MALAPPURAM DISTRICT.

3. SUNEERALI @ KUNHUTTY, AGED 27 YEARS, S/O.AHAMMED, ARIKKANCHOLA HOUSE, EDARIKKODE P.O., MALAPPURAM DISTRICT.

4. LATHEEF, AGED 27 YEARS, S/O.KUNHEEN, ALAMPADAN HOUSE, KOTTAKKAL P.O., MALAPPURAM DISTRICT.

5. SUHAIBALI @ PAPPI, AGED 29 YEARS, S/O.ALAVIKUTTY, ALAMPATTIL HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SRI.R.RANJITH (K/489/2011) RESPONDENT(S)/STATE & DEFACTO COMPLAINANT & INJURED : -------------------------------------------------------------------------------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031, FOR THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT.

2. HAMZA, AGED 48 YEARS, S/O.KUTTIALI HAJI, KOLAKKADAN VEEDU, KOTTAKKAL, MALAPPURAM DISTRICT, PIN: 676 503.

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3. MUHAMMED SHAMEER, AGED 23 YEARS, S/O.SAIDALAVI, KOLAKKADAN VEEDU, KOTTAKKAL, MALAPPURAM DISTRICT, PIN: 676 503.

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 & R3 BY ADV. SMT.M.LISHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A:

TRUE COPY OF THE F.I.R AND F.I.S IN CRIME NO.815/2015 OF THE KOTTAKKAL POLICE STATION.

ANNEXURE B:

TRUE COPY OF THE AFFIDAVIT DATED 30/09/2015 SWORN BY THE 2ND RESPONDENT.

ANNEXURE C:

TRUE COPY OF THE AFFIDAVIT DATED, 30/09/2015 SWORN TO BY THE 3RD RESPONDENT.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.S.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7559 of 2015 ............................................................... Dated this the 14th day of December, 2015

O R D E R

Petitioners are accused in Crime No.815/2015 of the Kottakkal Police Station, Malappuram registered for the offences punishable under Sections 341, 323, 324, 143, 147 and 148 read with Section 149 of the Indian Penal Code. 2.

It seems that the matter has been amicably settled between the parties. The second and third respondents herein, who are the defacto complainant and the other affected person, have filed separate affidavits as Annexures B and C affirming that the matter has been amicably settled between them and the petitioners, and they have no complaints against the petitioners. When the matter

CRL.M.C.No. 7559 of 2015 -: 2 :- has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, Annexure A First Information Report in Crime No.815/2015 of the Kottakkal Police Station, Malappuram and all further proceedings in it, as against the petitioners, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure A First Information Report in Crime No.815/2015 of the Kottakkal Police Station, Malappuram and all further proceedings in it, as against the petitioners, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge