Kerala High Court
K.K.Faisal vs Crl.Mc.No. 6035 Of 2019 2 on 17 December, 2019
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941
Crl.MC.No.6035 OF 2019(D)
AGAINST THE ORDER/JUDGMENT IN SC 339/2018 OF ADDITIONAL SESSIONS
COURT - IV, THALASSERY
CRIME NO.113/2017 OF Thaliparamba Police Station , Kannur
PETITIONERS/ACCUSED:
1 K.K.FAISAL
AGED 24 YEARS
S/O. ABDUL RAHMAN, BAPPANTAKTH HOUSE, BAKKALLOM,
KANUL P.O.,THALIPARAMBA KANNUR DISTRICT - 670 567.
2 SAJJAD. A. C.
AGED 23 YEARS
S/O. LATHEEF, M. V. HOUSE, KORANPEADIKA,
PARIYARAM P.O., KANNUR DISTRICT - 670 503.
3 SAMEER. K. P.
AGED 23 YEARS
S/O. ABDUL RAHOOF, KIZHAKKEPURAYIL HOUSE,
KORANPEADIKA, PARIYARAM P.O.,
KANNUR DISTRICT - 670 503.
4 SREEGESH. P.
AGED 25 YEARS
S/O. VIJAYAN, PANACHIKKAL HOUSE, NADUVIL P.O., KANNUR
DISTRICT - 670 582.
5 SHARATH. K.
AGED 24 YEARS
S/O. KUMARAN, AIVALAPPIL HOUSE, NADUVIL P.O., KANNUR
DISTRICT - 670 582.
6 SANUF. V.
AGED 24 YEARS
S/O. ABDUL RAHMAN, VAZHAYIL HOUSE, IRITTY P.O.,
KANNUR DISTRICT - 670 703.
BY ADV. SRI.M.MUHAMMED SHAFI
RESPONDENTS/COMPLAINANT:
CRL.MC.NO. 6035 OF 2019 2
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 K.IBRAHIM
AGED 47 YEARS,
S/O. MAHAMOOD, KAYIKKARAN HOUSE, THALIPARMABA P.O.,
NEAR THALIPARAMB MUNICIPAL OFFICE,
KANNUR DISTRICT - 670 141.
3 N.U.ALIKKUTTY,
AGED 38 YEARS
S/O. ABDULLAH, NALARAKKETTIL UNDA HOUSE,
THALIPARMBA P.O., KANNUR DISTRICT - 670 141.
4 P.C.SHAMSUDEEN
S/O. ABDULLAH, PALLAKKAN CHEKKAL HOUSE,
THALIPARAMBA P.O., KANNUR DISTRICT - 670 141.
R2-4 BY ADV. T.RASINI
OTHER PRESENT:
C.S.HRITHWIK -SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC.NO. 6035 OF 2019 3
ORDER
Dated this the 17th day of December, 2019 The petitioners are accused in SC.No. 339/2018 on the file of the Additional Sessions Court-IV, Thalassery for having allegedly committed offences punishable under Sections 341, 508(1), 395 and 365 of the IPC. The 2nd respondent is the defacto complainant and respondents 3 and 4 are the other victims. They have all appeared through counsel and filed affidavits to the effect that the matter has been amicably settled with the petitioners and that they do not have any grievance against them. A report has also been obtained form the Investigating Officer through the learned Senior Public Prosecutor. The petitioners do not have any criminal antecedents and no public interest is involved. The matter has been fully and finally settled between the parties and the injured.
Under the circumstances, the Crl.MC is allowed and the entire proceedings in SC.No. 339/2018 on the file of the Additional Sessions Court-IV, Thalassery stands quashed under 482 Cr.P.C and the accused are discharged.
Sd/-
ASHOK MENON JUDGE CRL.MC.NO. 6035 OF 2019 4 asm APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE - A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO.113 OF 2017 OF THALIPARAMBA POLICE STATION.
ANNEXURE - A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 27/07/2019.
ANNEXURE - A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 27/07/2019.
ANNEXURE - A4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 27/07/2019.
// True Copy// CA to Judge