Kerala High Court
Nach @ Nadeer vs State Of Kerala on 19 December, 2013
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
THURSDAY, THE 19TH DAY OF DECEMBER 2013/28TH AGRAHAYANA, 1935
Crl.MC.No. 6429 of 2013
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[IN C.C.NO. 533/2009 ON THE FILE OF THE JUDICIAL FIRST CLASS-
MAGISTRATE COURT- I, ,KASARAGOD,
CRIME NO. 402/2009 OF THE KASARAGOD POLICE STATION]
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PETITIONERS/ACCUSED:
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1. NACH @ NADEER, AGED 22 YEARS,
S/O.MUHAMMEDKUNHI, RESIDING AT BENDICHAL,
THEKKIL POST AND VILLAGE, KASARAGOD.
2. AABHID @ SAINUL, AGED 22 YEARS,
S/O.ABDULLA, PALLATHINKAL, THEKKIL POST AND VILLAGE,
KASARAGOD.
3. A.N.SIRAJ, AGED 26 YEARS,
S/O.ABDULLA, MANDALIPPARA, THEKKIL POST AND VILLAGE,
KASARAGOD.
4. RASHID B.A. AGED 26 YEARS,
S/O.ABDULKHADER, BENDICHAL, THEKKIL POST AND VILLAGE,
KASARAGOD.
BY ADV. SRI.JIJI.S.
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. BAIJU VAIKKATH, AGED 30 YEARS,
S/O.RAVEENDRAN, RESIDING AT USHAS NIVAS, CHATTAMCHAL,
THEKKIL POST AND VILLAGE, KASARAGOD-671 341.
R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN,
R2 BY ADV. SMT.MINI.V.A.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19-12-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Prv.
CRL.M.C. NO.6429/2013:
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A-1: FINAL REPORT IN CR. 402/2009 OF KASARAGOD POLICE-
STATION FILED BEFORE THE JUDICIAL FIRST CLASS-
MAGISTRATE COURT-I, KASARAGOD.
ANNEXURE A-2: AFFIDAVIT DTD. 14/12/2013 SWORN BY THE R.2.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
HARUN-UL-RASHID, J.
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Crl.M.C. No. 6429 of 2013
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Dated this the 19th day of December 2013.
O R D E R
Heard the learned counsel for the petitioners and respondents.
2. Accused in Crime No. 402/2009 of Kasaragod Police Station pending as C.C.No.533/2009 on the file of the Judicial First Class Magistrate Court-I, Kasaragod are the petitioners. The petition is filed seeking to quash Annexure A-1 Final Report and further proceedings against the petitioners in S.C.No.533/2009 on the file of the Judicial First Class Magistrate Court-I, Kasaragod.
3. The offence alleged is punishable under Sections 143, 147, 448, 341, 323, read with Section 149 of IPC.
4. The learned counsel on both sides submit that the disputes between the parties have been amicably settled and having regard to the resolution of the disputes between the parties, continuance of the criminal prosecution against the petitioners is an avoidable irritant.
In view of the settlement arrived at between the parties, the Crl.M.C is disposed of quashing Annexure A-1 Final Report and further proceedings against the petitioners in S.C.No.533/2009 on the file of the Judicial First Class Magistrate Court-I, Kasaragod.
Sd/-
HARUN-UL-RASHID, Judge.
AL/-
True copy P.A to Judge Crl.M.C. No. : 2 :