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Kerala High Court

Younas A.K vs State Of Kerala on 22 October, 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

     MONDAY ,THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940

                       Crl.MC.No. 6610 of 2018

   AGAINST THE ORDER IN CC 418/2018 of J.M.F.C.-II, NADAPURAM

    CRIME NO. 625/2017 OF Nadapuram Police Station , Kozhikode

PETITIONERS:

      1        YOUNAS A.K.
               AGED 20 YEARS
               S/O MAHAMOOD HAJI,ANATHARKANDI HOUSE,NADAPURAM
               DESOM,NADAPURAM PO,KOZHIKKODE DISTRICT 673501

      2        JAFAR,
               AGED 1 YEARS
               S/O.POKKAR HAJI, KOYILETTI THAZHAKUNI, NADAPURAM
               DESOM, NADAPURAM P.O., KOZHIKODE DISTRICT-673501

      3        RAHANAS P.T.K.,
               AGED 1 YEARS
               S/O.ABOOBACKER, PUTHIYOTTAM THAZHEKUNIL, PURAMERI
               DESOM, POURAMERI P.O., KOZHIKODE DISTRICT0673501.

               BY ADVS.
               SRI.C.A.MAJEED
               SRI.K.H.ASIF

RESPONDENTS:
       1     STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA,ERNAKULAM 682031

      2        THE STATION HOUSE OFFICER
               POLICE STATION, NADAPURAM P.O., KOZHIKODE DISTRICT-
               673501.

      3        IRFAN
               S/OJUMAN ALI, BOSIA HOUSE, PASPURA P.O., MIDNAPUR
               DISTRICT, MIDNAPUR, WEST BENGAL, NOW RESIDING AT
               ROYAL COMPLEX, NADAPURAM P.O., KOZHIKODE DISTRICT-
               673501.
              BY ADV. SRI.K.J.SHARATH KUMAR



             SR.PP.SRI.C.S.HRITHWIK

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION                      ON
22.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

                                        ORDER

Petition filed under Section 482 Cr.P.C.

2. Petitioners are the accused in C.C.No.418 of 2018 on the file of the Judicial First Class Magistrate Court, Nadapuram. They are alleged to have committed the offence under Section 392 IPC. The third respondent is the victim. It is submitted that the matter has been settled. The proceedings in the trial court are sought to be quashed.

3. Heard the learned counsel for the petitioners and the third respondent and the learned Public Prosecutor.

4. I have perused the affidavit filed by the third respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.

In the result, this Crl.M.C is allowed. The proceedings in C.C.No.418 of 2018 on the file of the Judicial First Class Magistrate Court, Nadapuram are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

Sd/-

K.ABRAHAM MATHEW JUDGE pm APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE-A ORIGINAL COPY OF THE CHARGE SHEET FILED BY THE 2ND RESPONDENT SERVED ON THE PETITIONER FROM J.F.C.M., NADAPURAM.

ANNEXURE-B CERTIFIED COPY OF THE ORDER DATED 8/1/2018 IN CRML.MC NO.8965 OF 2017 OF THIS HON'BLE COURT ANNEXURE-C AFFIDAVIT STATING THAT THE COMPLAINANT / 3RD RESPONDENT HAS NO ENMITY BETWEEN THEM AND HE HAS AGREED TO SETTLE THE ISSUE WITH THE PETITIONER/ACCUSED.

RESPONDENTS' EXHIBITS:         NIL



     // TRUE COPY //       PA TO JUDGE