Shafeeque v. The 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. 818/2015 OF KOTTAKKAL POLICE STATION , MALAPPURAM DISTRICT ------------------ PETITIONER(S)/ACCUSED :

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1. SHAFEEQUE, AGED 32 YEARS, S/O.SAIDALAVI, KOLAKKADAN HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

2. SHAREEF, AGED 28 YEARS, S/O.SAIDALAVI, KOLAKKADAN HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

3. MUHAMMED SHAMEER @ NAMEER, AGED 23 YEARS, S/O.SAIDALAVI, KOLAKKADAN HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

4. RAFEEQUE, AGED 29 YEARS, S/O.HUSSAIN, KOLAKKADAN HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

5. HAMZA, AGED 48 YEARS, S/O.KUTTIALI HAJI, KOLAKKADAN HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

6. SAIDALAVI, AGED 60 YEARS, S/O.KUTTIALI HAJI, KOLAKKADAN HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

7. ROUF, AGED 23 YEARS, S/O.YOUSAF, KALODI MUTHUVIL HOUSE, PARAMBILANGADI KOTTAKKAL, MALAPPURAM DISTRICT.

8. HUSSAIN, AGED 24 YEARS, S/O.AVARAN, THEKKINIYAN HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

9. HASSAN, AGED 24 YEARS, S/O.AVARAN, THEKKINIYAN HOUSE, KOTTAKKAL, MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SRI.R.RANJITH (K/489/2011) ..2/-

..2..

RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :

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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. SAMEER, AGED 33 YEARS, S/O.AHAMMED, ARIKKANCHOLA HOUSE, EDARIKKODE, KOTTAKKAL, MALAPPURAM DISTRICT, PIN- 676 503. R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 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.818/2015 OF THE KOTTAKKAL POLICE STATION.

ANNEXURE-B:

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

RESPONDENT(S)' ANNEXURES :

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

Msd.

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7564 of 2015 ............................................................... Dated this the 14th day of December, 2015

O R D E R

Petitioners are accused in Crime No.818/2015 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 respondent herein, who is the defacto complainant, has filed Annexure B affidavit affirming that the matter has been amicably settled between him and the petitioners and 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.No. 7564 of 2015 -: 2 :- proceeding with the matter any further. Matters being so, Annexure A First Information Report in Crime No.818/2015 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.818/2015 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