Kerala High Court
Shahid vs Arun on 11 February, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937
Crl.MC.No. 649 of 2016
---------------------------------
CC 637/2014 OF JUDICIAL FIRST CLAS MAGISTRATE COURT-I ATTINGAL
CRIME NO. 161/2014 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
-----------------------
PETITIONER(S)/ACCUSED NO.1 TO 7:
----------------------------------------------------
1. SHAHID, AGED 27 YEARS,
S/O.SHAFI, SHEEJA MANZIL,
KIZHUVILLAM VILLAGE, DECENT MUKKU, ATTINGAL,
THIRUVANANTHAPURAM.
2. SHAFEEQ, AGED 25 YEARS,
S/O.NIZAR, KUTTILVILA VEEDU,
KIZHUVILLAM VILLAGE, DECENT MUKKU, ATTINGAL,
THIRUVANANTHAPURAM.
3. SUMESH LAL, AGED 23 YEARS,
S/O.RAJENDRAPRASAD, KATTIL VILLA VEEDU,
KIZHUVILLAM VILLAGE, DECENT MUKKU, ATTINGAL,
THIRUVANANTHAPURAM.
4. SHIRAZ, AGED 22 YEARS,
S/O.MANZAR, KOTTURKONAM COLLONEY,
KIZHUVILLAM VILLAGE DECENT MUKKU, ATTINGAL,
THIRUVANANTHAPURAM.
5. AJMAL, AGED 24 YEARS,
S/O.SHOUKATHALI, POOMANGALAM VEETTIL,
KIZHUVILLAM VILLAGE, DECENT MUKKU, ATTINGAL,
THIRUVANANTHAPURAM.
6. ANVAR, AGED 23 YEARS,
ANZILA MANZIL, KIZHUVILLAM VILLAGE, DECENT MUKKU,
ATTINGAL, THIRUVANANTHAPURAM.
7. SHINE, AGED 23 YEARS,
S/O.NAZAR, KUTTUVILA VEEDU, NEAR POYKAVILA TEMPLE
KIZHUVILLAM VILLAGE DECENT MUKKU, ATTINGAL
THIRUVANANTHAPURAM.
BY ADV. SRI.LIJU. M.P
PJ
....2/-
..2..
Crl.MC.No. 649 of 2016
---------------------------------
RESPONDENT(S)/DEFACTO COMPLAINANT & COMPLAINANT:
----------------------------------------------------------------------------------------
1. ARUN,
S/O.JAYAN, ARUN NIVAS, CHEMPAKAMANGALAM,
KORANI P O, EDAKKODU, VEILOOR,
THIRUVANANTHAPURAM.
2. STATE OF KERALA,
REP BY SUB INSPECTOR OF POLICE,
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM,
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
R1 BY ADV. SRI.SUNIL KUMAR A.G
R2 BY PUBLIC PROSECUTOR MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 649 of 2016
--------------------------------
APPENDIX
PETITIONER(S)' ANNEXURES
-----------------------------------------
ANNEXURE A:-CERTIFIED COPY OF CHARGE IN CRIME NO 161/2014 OF ATTINGAL
POLICE STATION, THIRUVANANTHAPURAM
ANNEXURE BV:-ORIGINAL AFFIDAVIT DTD 12/1/2016 EXECUTED BY THE IST
RESPONDENT/DEFACTO COMPLAINANT
RESPONDENT(S)' ANNEXURES
--------------------------------------------
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
B. KEMAL PASHA, J.
................................................................
CRL.M.C. No. 649 of 2016
...............................................................
Dated this the 11th day of February, 2016
O R D E R
Petitioners are accused Nos. 1 to 7 in C.C. No.637/2014 of the Judicial First Class Magistrate's Court-I, Attingal, which has arisen from Crime No.161/2014 of the Attingal Police Station, registered for the offences punishable under Sections 143, 147, 148, 294(b), 323 and 324 of the Indian Penal Code read with Section 149 IPC.
2. The matter has been amicably settled between the petitioners and the defacto complainant, who is the first respondent herein. 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. The injuries sustained to the injured are trivial.
CRL.M.C.No. 649 of 2016 -: 2 :-
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.637/2014 of the Judicial First Class Magistrate's Court-I, Attingal, as against the petitioners, based on Annexure A Final Report in Crime No.161/2014 of the Attingal Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.637/2014 of the Judicial First Class Magistrate's Court-I, Attingal, as against the petitioners, based on Annexure A Final Report in Crime No.161/2014 of the Attingal Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge