Kerala High Court
Noushad vs State Of Kerala
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 30TH DAY OF AUGUST 2017/8TH BHADRA, 1939
Crl.MC.No. 5874 of 2017 ()
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CC 921/2016 of J.M.F.C.,VADAKARA
CRIME NO. 596/2016 OF VATAGARA POLICE STATION , KOZHIKODE
PETITIONER(S)/ACCUSED:
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NOUSHAD
AGED 42, S/O. KUNHAMMAD, NELLOLI THAZHAKUNIYIL (H), KURIKKILAD
AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT.
BY ADV. SRI.MOHANAN V.T.K.
RESPONDENT(S)/STATE & INJURED:
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2. AYISHA
AGED 58, S/O. KUNHAMMAD, NELLOLI THAZHAKUNIYIL (H),
KURIKKILAD AMSOM, DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT.
3. KUNHAMMAD
AGED 70, S/O. MOOSA HAJI, NELLOLI THAZHAKUNIYIL (H),
KURIKKILAD AMSOM, DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT.
R2,3 BY ADV. SRI.K.S.PRAVEEN
R1 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-08-
2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5874 of 2017 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT AND CHARGE SHEET IN
C.C.NO.921/16 ON THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, VATAKARA.
ANNEXURE B AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED NIL.
ANNEXURE C AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED NIL.
RESPONDENT(S)' EXHIBITS : NIL
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// True Copy //
PA to Judge
B.SUDHEENDRA KUMAR, J.
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Crl.M.C. No.5874 of 2017
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Dated this the 30th day of August 2017
O R D E R
The petitioner is the accused in C.C. No.921 of 2016 on the files of the court below. The offences alleged are the offences punishable under Sections 294(b), 323, 324, 341, 326 and 506(1)I.P.C.
2. Heard.
3. It has been submitted by the learned counsel for the parties and the learned Public Prosecutor that the matter has been settled between the parties. Respondent Nos.2 and 3, who are the victims in this case, filed affidavits stating that the matter has been settled between the parties and hence, they have no objection in quashing the proceedings against the petitioner. The petitioner is the son Crl.M.C.5874/2017 -: 2 :- of respondent Nos.2 and 3. Considering the facts and circumstances of the case, including the relationship between the parties, I am of the view that since matter has been settled between the parties, quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash the final report and further proceedings against the petitioner in C.C. No.921 of 2016 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE dl/30.8.2017