Kerala High Court
Nisar R vs State Of Kerala on 3 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
MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940
Crl.MC.No. 8213 of 2018
AGAINST THE ORDER IN CC 567/2016 of J.M.F.C.-I, PERINTHALMANNA
CRIME NO. 323/2016 OF Perinthalmanna Police Station ,
Malappuram
PETITIONERS:
1 NISAR R.
AGED 41 YEARS,S/O. RASHID,THECHIKATTIL HOUSE,
THEKKINKODE J.N. ROAD, PERINTHALMANNA , MALAPPURAM
679 321
2 ABDUL AZEEZ @ PAPPANU,
AGED 32 YEARS,S/O. SYED ALI,
KAITHKOTTU VALAPPIL HOUSE,
J. N. ROAD,
PERITHALMANNA , MALAPPURAM 679 321
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031
2 NISAR.T,AGED 38 YEARS
S/O. MUHAMMED , THATTALTHODI HOUSE,
PONNUMKURUSSI, PERINTHALMANNA, MALAPPURAM 679 321
BY ADV. SRI.T.M.BINOY
SRI ALEX M THOMBRA-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8213 of 2018 2
ORDER
Petition filed under Section 482 Cr.P.C.
2. Petitioners are the accused in C.C No.567 of 2016 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna. They are alleged to have committed the offences under Sections 427 and 447 IPC. The second respondent is the victim. It is submitted that the matter has been settled. The proceedings in the trial court are sought to be quashed.
3. Heard the learned counsel for the petitioners and the 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.567 of 2016 on the file of the Judicial First Class Magistrate Court-I, Crl.MC.No. 8213 of 2018 3 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 pm APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 323 OF 2016 OF PERINTHALMANNA POLICE STATION ANNEXURE A2 AFFIDAVIT DATED 30.11.2018 SUBSTITUTED BY 2ND RESPONDENT RESPONDENTS' EXHIBITS: NIL // TRUE COPY // PA TO JUDGE