Muhammed Abhinas T v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Crl.MC.No. 7623 of 2015 () --------------------------- CC 3661/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD CRIME NO. 108/2013 OF ADHUR POLICE STATION, KASARGOD PETITIONERS/ACCUSED NO.1 TO 3 :

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1. MUHAMMED ABHINAS. T., AGED 23 YEARS, S/O.ABDULKHADER, ABHINAS COTTAGE, ANANKUR KASARAGOD DISTRICT.

2. MUHAMMED MIGDAD ABOOBACKER, AGED 23 YEARS, S/O.SALIM MUHEEYUDIN, ARAAVATH HOUSE KUTTIKKATUL GRAMOM, KOZHIKODE DISTRICT.

3. NISSAMUDEEN, AGED 25 YEARS, S/O.ABBAS K.A, BIYAVALAPPIL HOUSE, KALANADU, KALANADU GRAMOM, KASARAGOD DISTRICT.

BY ADV. SRI.I.V.PRAMOD RESPONDENTS/STATE & DEFACTO COMPLAINANT :

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1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031.

2. ABDUL LABEEB B, AGED 22 YEARS, S/O. SHERIFF, BOOD HOUSE, PATLA, PATTLA GRAMOM, KASARAGOD TALUK & DISTRICT.671 143. R1 BY PUBLIC PROSECUTOR SMT. P. MAYA R2 BY SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 7623 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1- A TRUE COPY OF THE FINAL REPORT IN CRIME NO.108/2013 DATED 28.4.2013 OF ADHUR POLICE STATION.

ANNEXURE A2THE AFFIDAVIT DATED 4.9.2015 SWORN BY THE 2ND RESPONDENT.

ANNEXURE A3A TRUE COPY OF THE ORDER IN CRL.M.C.NO.4634/2013 DATED 9.10.2013.

ANNEXURE A4A TRUE COPY OF THE ORDER IN CRL.M.C.NO.4634/2013 DATED 18.9.2013.

ANNEXURE A5A TRUE COPY OF THE ORDER IN CRL.M.C.NO.893/2014 DATED 24.1.2014.

ANNEXURE A6A TRUE COPY OF THE ORDER IN CRL.M.C.NO.914/2014 DATED 24.1.2014.

ANNEXURE A7A TRUE COPY OF THE ORDER IN CRL.M.C.NO.915/2014 DATED 24.1.2014.

ANNEXURE A8A TRUE COPY OF THE ORDER IN CRL.M.C.NO.7430/2014 DATED 30.12.2014.

ANNEXURE A9COPY OF THE ORDER IN CRL.M.C. NO. 4483/2013 DT 9/10/2013. OF THIS HONOURABLE COURT.

ANNEXURE A10COPY OF THE ORDER IN CRL.M.C. NO. 7077/2015 DT 17/11/2015 OF THIS HONOURABLE COURT.

RESPONDENT(S)' EXHIBITS :

NIL.

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

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7623 of 2015 ````````````````````````````````````````````````````````````` Dated this the 15th day of December, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioners are the accused in CC No.3661/2013 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No.108/2013 of Adhur Police Station for the offences punishable under Sections 342, 323 and 506(ii) read with Section 34 IPC.

2.

It seems that the matter has been amicably settled between the petitioners and the de facto complainant, who is the 2nd respondent herein. 3.

The 2nd respondent has filed Annexure-A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no complaints against the petitioners. The injuries sustained to the de facto complainant are trivial. No purpose would be

Crl.M.C.7623/2015 : 2 :

served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.3661/2013 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No.108/2013 of Adhur Police Station, can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.3661/2013 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No.108/2013 of Adhur Police Station, are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/17/12 // True Copy // PA to Judge