Muhammed Shameer 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 Crl.MC.No. 7562 of 2015 -------------------------------------- CRIME NO. 804/2015 OF KOTTAKKAL POLICE STATION , MALAPPURAM DISTRICT ------------------- PETITIONER(S)/ACCUSED :

----------------------------------------- MUHAMMED SHAMEER, AGED 23 YEARS, S/O.SAIDALAVI, KOLAKKADAN VEEDU, PARAMBILANGADI, KOTTAKKAL, MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SRI.R.RANJITH (K/489/2011) RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT AND 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. MUHAMMED FARIS, AGED 23 YEARS, S/O.ABDU RAHIMAN, THANIVEPPIL HOUSE, KOZHICHENA, KOTTAKKAL, MALAPPURAM DISTRICT, PIN:676 503.

3. HASEEB, AGED 22 YEARS, S/O.HAMZA, THATHRAMPALLY HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT, PIN:676 503.

4. SUNEER ALI @ KUNHUTTY, AGED 27 YEARS, S/O.AHAMMED, ARIKKANCHOLA HOUSE, EDARIKKODE P.O., MALAPPURAM DISTRICT, PIN:676 501.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 TO R4 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.

Crl.MC.No. 7562 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A:

TRUE COPY OF THE F.I.R AND F.I.S IN CRIME NO.804/2015 OF THE KOTTAKAL POLICE STATION.

ANNEXURE B:

TRUE COPY OF THE AFFIDAVIT DATED 30.09.2015 SWORN TO BY THE 2ND RESPONDENT.

ANNEXURE C:

TRUE COPY OF THE AFFIDAVIT DATED, 30.09.2015 SWORN TO BY THE 3RD RESPONDENT.

ANNEXURE D:

TRUE COPY OF THE AFFIDAVIT DATED, 30.09.2015 SWORN TO BY THE 4TH RESPONDENT.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B.KEMAL PASHA, J.

====================== Crl.M.C. No.7562 of 2015 ======================= Dated this the 14th day of December, 2015

O R D E R

Petitioner is the accused in Crime No.804 of 2015 of the Kottakkal Police Station, Malappuram, registered for the offences punishable under Sections 341, 323 and 294(b) of the Indian Penal Code.

2.

The matter has been amicably settled between the petitioner and the defacto complainant, who is the 2nd respondent herein and the other affected persons, who are respondents 3 and 4 herein. The defacto complainant and the other affected persons have filed Annexures-B, C and D affidavits, affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner.

3.

No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled, no purpose would be served in proceeding with the

matter further, and therefore, Annexure-A First Information Report in Crime No.804 of 2015 of the Kottakkal Police Station, Malappuram, and all further proceedings as against the petitioner based on it, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure-A First Information Report in Crime No.804 of 2015 of the Kottakkal Police Station, Malappuram, and all further proceedings as against the petitioner based on it, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE DSV/16/12/15 // true copy // P.A. to Judge.