Kerala High Court
Thameem Aboobacker vs State Of Kerala on 20 July, 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
THURSDAY, THE 20TH DAY OF JULY 2017/29TH ASHADHA, 1939
Crl.MC.No. 3700 of 2017 ()
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CRIME NO. 1279/2016 OF ELAMAKKARA POLICE STATION,
ERNAKULAM DISTRICT
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PETITIONERS/ACCUSED :
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1. THAMEEM ABOOBACKER,
AGED 41 YEARS, S/O. ABOOBACKER HAJI,
EDAVANAKANDIYIL HOUSE, PURAKKAD P.O.,
THIKKODI VILLAGE,KOYILANDY TALUK,
KOZHIKODE.
2. AYMASH,AGED 41 YEARS, S/O. KUNHAMMAD,
ACHANVEETTIL HOUSE,PURAKKAD P.O.,
THIKKODI VILLAGE,KOYILANDY TALUK,
KOZHIKODE.
3. FAIZAL @ ZAMAN,
AGED 30 YEARS, S/O.ABDUL KHADER,
MADATHIL KULANGARA HOUSE,PALLIKKARA P.O.,
THIKKODI VILLAGE,KOYILANDY TALUK,
KOZHIKODE.
BY ADV. SMT.K.DEEPA (PAYYANUR)
RESPONDENTS/COMPLAINANT :
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1. STATE OF KERALA,
REPRESENTED BY THE
PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
Crl.MC.No. 3700 of 2017 ()
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2. DR. SHAJAHAN YUSUF SAHIB,
CHAIRMAN AND MANAGING DIRECTOR,
AL SHIFA SUPER SPECIALITY HOSPITAL,
EDAPALLY, KOCHI - 682 024.
R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI
R2 BY ADV. SMT.V.C.ARCHANA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 20-07-2017, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 3700 of 2017 ()
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APPENDIX
PETITIONER'S ANNEXURES :
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ANNEXURE I: CERTIFIED COPY OF THE FIR IN CRIME
NO. 1279/2016 OF ELAMAKKARA POLICE
STATION, ERNAKULAM.
ANNEXURE II: COPY OF THE AGREEMENT EXECUTED BETWEEN THE
DE-FACTO COMPLAINANT AND THE 1ST
PETITIONER.
ANNEXURE III: AFFIDAVIT FILED BY THE R2.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
K. ABRAHAM MATHEW, J.
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Crl.M.C. No. 3700 of 2017
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Dated this the 20th day of July, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
2.Petitioners are the accused in Crime No.1279 of 2016 of Elamkulam Police Station. They are alleged to have committed the offences under Sections 294(b), 420, 451(i) & 506(i) r/w Section 34 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 he has no objection to the prayer in this Crl.M.C. being granted. I am satisfied 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.1279 of 2016 of Elamkulam Police Station are quashed.
Sd/-
K. ABRAHAM MATHEW JUDGE bka/-