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Kerala High Court

Ahsar vs State Of Kerala Represented By The Sub ... on 7 April, 2017

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 8TH DAY OF SEPTEMBER 2017/17TH BHADRA, 1939

                                           Crl.MC.No. 6227 of 2017 ()
                                                ---------------------------

             CRIME NO. 964/2016 OF KUTTIYADI POLICE STATION , KOZHIKODE
                                                     -----------------

PETITIONER(S)/ACCUSED:
----------------------------------------

          1.         AHSAR., AGED 28 YEARS, S/O. ABOOBAKKAR, KOTTOTHUMAL
                      HOUSE, MOILOTHARA P.O., KUTTIADI AMSOM AND DESOM,
                       KOZHIKODE DISTRICT, PIN- 673 513.

          2.          ABOOBAKAR, AGED 60 YEARS, SO. KUNHAMMAD, KOTTOTHUMAL
                      HOUSE, MOILOTHARA P.O., KUTTIADI AMSOM AND DESOM,
                       KOZHIKODE DISTRICT, PIN- 673 513.

          3.          SARA, AGED 52 YEARS, W/O. ABOOBAKKAR,KOTTOTHUMAL
                      HOUSE, MOILOTHARA P.O., KUTTIADI AMSOM AND DESOM,
                       KOZHIKODE DISTRICT, PIN- 673 513.


                     BY ADV. SRI.M.G.SREEJITH

RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
----------------------------------------------------------------------------

          1.      STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,
                  NADAPURAM POLICE STATION, KOZHIKODE DISTRICT THOUGH THE
                  PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN- 682 031.

           2.     REJAH NOUSHAD, D/O. NOSHAD.P.K.
                  AGED 26 YEARS, MANANT HOUSE,
                  VELLARIKAL, OLAVANNA.P.O., KOZHIKODE DISTRICT, PIN- 673 513.

                       R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH
                     R2 BY ADV. SMT.RONA GEEVARGHESE


            THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
            ON 08-09-2017, THE COURT ON THE SAME DAY PASSED THE
             FOLLOWING:

sdr/-

Crl.MC.No. 6227 of 2017 ()
---------------------------


                                                APPENDIX
                                                -----------------


PETITIONERS ANNEXURES
-----------------------------------------

ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO. 964/2016 OF KUTTIADY
                          POLICE STATION NOW IN THE FILE OF HON'BLE JUDICIAL FIRST
                        CLASS MAGISTRATE COURT, NADAPURAM.

ANNEXURE A2              THE AFFIDAVIT FILED BY RESPONDENTS NO. 2 DATED 07-04-2017

RESPONDENTS ANNEXURES                        NIL
--------------------------------------------


                                                               /TRUE COPY/


                                                                 PA TO JUDGE


sdr/-



                 K. ABRAHAM MATHEW, J.
              --------------------------------------------------
                   Crl.M.C. No. 6227 of 2017
              --------------------------------------------------
        Dated this the 8th day of September, 2017


                              O R D E R

Petition filed under Section 482 Cr.P.C.

2.The first petitioner is the husband of the second respondent. The other petitioners are his parents. Petitioners are the accused in Crime No. 964 of 2016 of Kuttiady Police Station, registered for the offences under Sections 406 & 498A 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.The second respondent has entered appearance through counsel and filed an affidavit, stating that the matter has been settled and she has no objection to the prayer in this Crl.M.C. being granted. I am satisfied Crl.M.C. No. 6227 of 2017 ..2..

that the allegation of settlement is true and no public interest is involved in this case. In the result, this Crl.M.C. is allowed. The proceedings in Crime No. 964 of 2016 of Kuttiady Police Station are quashed. If any material object has been produced in the case, the learned magistrate may pass appropriate orders for its disposal.

Sd/-

K. ABRAHAM MATHEW JUDGE bka/-