Kerala High Court
Mahar Bashir K.P vs The State Of Kerala on 2 March, 2018
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
Crl.MC.No. 1130 of 2018
CC.NO.399/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III,KOZHIKODE
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PETITIONER(S)/ACCUSED 1 TO 3:
1 MAHAR BASHIR K.P.,
S/O.ABDUL AZIZ, AGED 19 YEARS,
MOHASEENA MANZIL, CHAKIRIKAD PARAMBA,
ARAKKINAR.
2 SAFVAN,
S/O.HARRIS, AGED 19 YEARS,
KUMMIL HOUSE, VALAPPILTHODI,
NALLALAM P.O.
3 AMIN SAHAD,
AGED 18 YEARS, S/O.BASHIR,
AMIN HOUSE, MUTHUVANAKANI PARAMBA,
NEAR L.P SCHOOL, KANNACHERRY,
KALLAYI P.O.
BY ADV.SMT.BIMALA BABY
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. DULKIFIL, S/O.ABDUL AZEEZ,
S.V.HOUSE, PATEL THAZHAM, MAKKAVU,
KOZHIKODE.
R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
R2 BY ADV. SMT.REKHA R
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 02-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
3/3/2018
Crl.MC.No. 1130 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.
399/2017 ON THE FILE OF THE COURT OF THE JUDICIAL
FIRST CLASS MAGISTRATE III, KOZHIKODE.
ANNEXURE 2 AFFIDAVIT SWORN IN BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT.
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
3/3/2018
B.KEMAL PASHA, J.
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Crl.M.C.No.1130 of 2018
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Dated this the 02nd day of March, 2018
ORDER
Petitioners are accused Nos.1 to 3 in C.C.No.399 of 2017 of the Judicial First Class Magistrate's Court-III, Kozhikode, which has arisen from Crime No.340/2017 of the Kasaba Police Station, Kozhikode District, for the offences punishable under Sections 341, 323, 324 and 506(ii) read with Section 34 of the Indian Penal Code.
2. It seems that the matter has been amicably settled between the parties.
3. On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled. No criminal antecedents have been reported against the petitioners. Respondent No.2 has filed affidavit as Annexure-2, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no purpose would be served in proceeding with Crl.M.C.No.1130 of 2018 2 the trial of the case. Matters being so, all further proceedings in C.C.No.399 of 2017 of the Judicial First Class Magistrate's Court-III, Kozhikode, which has arisen from Crime No.340/2017 of the Kasaba Police Station, Kozhikode District, against the petitioners, are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.399 of 2017 of the Judicial First Class Magistrate's Court-III, Kozhikode, which has arisen from Crime No.340/2017 of the Kasaba Police Station, Kozhikode District, against the petitioners, are hereby quashed.
Sd/-
B.KEMAL PASHA, JUDGE skj True copy P.A. to Judge