Kerala High Court
Abin Koya vs State Of Kerala on 16 March, 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
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
Crl.MC.No. 1437 of 2018
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CRIME NO. 541/2017 OF KUNNAMANGALAM POLICE STATION,
KOZHIKODE DISTRICT
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PETITIONERS/ACCUSED :
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1 ABIN KOYA
AGED 21 YEARS, S/O MOIDHEEN KOYA,
PATHIRIKKODAN HOUSE, MYSORE MALA POST,
MUKKAM, KOZHIKODE-673602-PIN,KERALA.
2 ASIF, AGED 22 YEARS,
S/O BASHEER, PARAVATHANI HOUSE,
KARASSERY POST, MUKKAM, KOZHIKODE-673602, KERALA
3 MUHAMMED ANAS,
AGED 21 YEARS, S/O ABBAS,
NADUVILEDATH HOUSE,
KARASSERY, KUMARANALLUR POST,
MUKKAM-673602-PIN,KOZHIKODE,KERALA.
4 UNAIZ
AGED 22 YEARS, S/O USAMAN,
PUTHIYOTTIL HOUSE,KUMARANALLUR POST,
MUKKAM-673602-PIN,KERALA
5 RIYAS
AGED 22 YEARS, S/O MUHAMMED,
NECHIKKANDAN HOUSE,KUMARANALLUR POST,
MUKKAM-673602-PIN,KERALA
BY ADV.KUM.M.JINSY RAM
RESPONDENTS/STATE:
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1. STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
KUNNAMANGALAM POLICE STATION
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
Crl.MC.No. 1437 of 2018 ()
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2. VYSHAK, AGED 23 YEARS, S/O SUNIL,
MAYANGOT HOUSE, NIT,CHATHAMANGALAM POST,
KUNNAMANGALAM,KOZHIKODE-673601-PIN, KERALA
R1 BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWICK
R2 BY ADV. SRI.BIJU.P.N.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16-03-2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
16/3/2018
Crl.MC.No. 1437 of 2018 ()
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APPENDIX
PETITIONER(S)' ANNEXURES :
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ANNEXURE A: THE CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.541/2017 OF KUNNAMANGALAM
POLICE STATION,
ANNEXURE B: AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT.
RESPONDENT'S ANNEURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
K. ABRAHAM MATHEW, J.
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Crl.M.C. No. 1437 of 2018
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Dated this the 16th day of March, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
2.The petitioners are the accused in Crime No. 541 of 2017 of Kunnamangalam Police Station registered for the offences under Sections 143, 144, 147, 148, 308, 323, 324 & 341 r/w Section 149 of the Indian Penal Code. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may 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 allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners. In the result, this Crl.M.C. is allowed. The proceedings Crl.M.C. No. 1437 of 2018 ..2..
in Crime No. 541 of 2017 of Kunnamangalam Police Station are quashed. If any material object has been produced in the case, the learned magistrate may pass appropriate orders for disposal.
Sd/-
K. ABRAHAM MATHEW JUDGE bka/16.03.2018