Kerala High Court
Nisar.R vs State Of Kerala on 18 December, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY ,THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940
Crl.MC.No. 8668 of 2018
IN CC 568/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS-I,
PERINTHALMANNA
CRIME NO. 343/2016 OF Perinthalmanna Police Station , Malappuram
PETITIONERS/ACCUSED 1 TO 4 :-
1 NISAR.R
AGED 41 YEARS
S/O RASHID
THEKKINKODE, J.N.ROAD
PERINTHALMANNA
MALAPPURAM - 679 321.
2 ABDUL AZEEZ @ PAPPANU
AGED 32 YEARS
S/O SYED ALI
KAITHAKOTTU VALAPPIL HOUSE
J.N.ROAD
PERINTHALMANNA
MALAPPURAM - 679 321
3 SHAJITH SHAH HAMID
AGED 39 YEARS
S/O ABDUL HAMID
AAKAPARAMBAL HOUSE
PATTIKADU, PERINTHALMANNA
MALAPPURAM - 679 321
4 JOHN FRANCIS
AGED 42 YEARS
S/O P.A.JOHN
AISHWARYA NILAYAM
DOOR NO. 117, DAVID DALE
NEAR JSS COLLEGE
OOTY, NILGIRIS
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
Crl.MC.No. 8668 of 2018
2
RESPONDENTS/STATE & COMPLAINANT :-
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM
2 NISAR T.
AGED 38 YEARS
S/O MUHAMMED
THATTALTHODI HOUSE
PONNUMKURUSSI
PERINTHALMANNA
MALAPPURAM - 679 321.
R2 BY ADV. SRI.T.M.BINOY
R1 BY SRI ALEX M THOMBARA SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8668 of 2018
3
O R D E R
Petition filed under section 482 Cr.P.C.
2. Petitioners are accused in C.C.No.568 of 2016 on the file of the Judicial Magistrate of First Class-I, Perinthalmanna registered for the offences under sections 323, 341 & 427 IPC. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.
3. Heard the learned counsel for the petitioners and second respondent and the learned Public Prosecutor.
4. I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.568 of 2016 on the file Crl.MC.No. 8668 of 2018 4 of the Judicial Magistrate of First Class-I, Perinthalmanna are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW, JUDGE SMA Crl.MC.No. 8668 of 2018 5 APPENDIX PETITIONER(S) ANNEXURES :
ANNEXURE - A1 : A TRUE COPY OF THE FINAL REPORT IN CRIME NO.343 OF 2016 OF PERINTHALMANNA POLICE STATION.
ANNEXURE - A2 : AFFIDAVIT DATED 01.11.2018 SUBMITTED BY THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES :- NIL //TRUE COPY// PA TO JUDGE SMA