Kerala High Court
Firoz vs State Of Kerala on 14 January, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937
Crl.MC.No. 8067 of 2015 ()
---------------------------
CC.NO. 638/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL,
THIRUVANANTHAPURAM
------------------
PETITIONERS/ACCUSED NO. 1 TO 3 :
-------------------------------------------------------
1. FIROZ, AGED 31 YEARS
S/O.FAZALUDEEN, FIROZKHAN MANZIL, KADINAMKULAM VILLAGE
CHANNAMKARA DESOM, THIRUVANANTHAPURAM DISTRICT.
2. ARSHAD, AGED 35 YEARS
S/O.HASSAN, AK HOUSE, KADINAMKULAM VILLAGE
CHANNAMKARA DESOM, THIRUVANANTHAPURAM DISTRICT.
3. SAJEER, AGED 30 YEARS
S/O.SHAFAFF, AATTARIKATHU VEEDU, KADINAMKULAM VILLAGE
CHANNAMKARA DESOM, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.P.BIJU
RESPONDENTS/STATE & COMPLAINANT :
--------------------------------------------------------------
1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-692 031.
2. MUNEER, AGED 33 YEARS
S/O.ABDUL SALAM, PUTHEN VEETTIL,
KADINAMKULAM VILLAGE
CHANNAKARA DESOM
NEAR CHANNAGOM FATHIMA AUDITORIUM
THIRUVANANTHAPURAM DISTRICT-695 001.
R1 BY PUBLIC PROSECUTOR SMT. P.MAYA
R2 BY ADV. SRI.ANISH PAUL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 8067 of 2015 ()
--------------------------------------
APPENDIX
PETITIONERS' ANNEXURES :
------------------------------------------
ANNEXURE I. CERTIFIED COPY OF FINAL REPORT IN CC.NO. 638/10 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL.
ANNEXURE II. CERTIFIED COPY OF FIR AND F1 STATEMENT IN CRIME
NO. 226/2009 OF KADINAMKULAM POLICE STATION.
ANNEXURE III. ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT.
RESPONDENT(S)' ANNEXURES : NIL
------------------------------------------------------------
//TRUE COPY//
P.S. TO JUDGE
Mn
B. KEMAL PASHA, J.
................................................................
CRL.M.C. No. 8067 of 2015
...............................................................
Dated this the 14th day of January, 2016
O R D E R
Petitioners are accused Nos.1 to 3 in C.C. No.638/2010 of the Judicial First Class Magistrate's Court-I, Attingal, Thiruvananthapuram which has arisen from Crime No.226/2009 of the Kadinamkulam Police Station, registered for the offences punishable under Sections 341, 294(b), 323 and 324 of the Indian Penal Code read with Section 34 IPC.
2. The matter has been amicably settled between the petitioners and the defacto complainant, who is the second respondent herein. The defacto complainant has filed Annexure III affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. CRL.M.C.No. 8067 of 2015 -: 2 :-
3. No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.638/2010 of the Judicial First Class Magistrate's Court-I, Attingal, as against the petitioners, based on Annexure I Final Report in Crime No.226/2009 of the Kadinamkulam Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.638/2010 of the Judicial First Class Magistrate's Court-I, Attingal, as against the petitioners, based on Annexure I Final Report in Crime No.226/2009 of the Kadinamkulam Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge