Kerala High Court
Unknown vs Present on 4 June, 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 4TH DAY OF JUNE 2018 / 14TH JYAISHTA, 1940
Crl.MC.No. 3080 of 2018
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SC. NO.717/2017 of III ADDL. DISTRICT & SESSIONS COURT (WAQF), KOZHIKODE.
....
PETITIONER/ACCUSED
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1 MUHAMMED SHAHABAS, S/O.MR.KUNHABDULLA,
KANCHERATT HOUSE, KATAMERI P.O.,
VADAKARA, KOZHIKODE DISTRICT-673 542.
2 MUHAMMED RAEF, S/O.MR.AMMAD,
VATTAKONDI HOUSE, KATAMERI P.O.,
VADAKARA, KOZHIKODE DISTRICT-673 542.
3 RASHID USMAN M.P.,
S/O.MR.USMAN, MEETHALEPUNATHIL HOUSE,
PURAMERI P.O., VADAKARA,
KOZHIKODE DISTRICT-673 503.
BY ADVS.SRI.C.A.MAJEED
SRI.K.H.ASIF
SMT.MOLTY MAJEED.
RESPONDENTS/DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE STATION HOUSE OFFICER,
POLICE STATION, NADAPURAM,
KOZHIKODE DISTRICT-673 504.
3. MATHA, W/O.MR.KELAPPAN,
KALAMULLATHIL HOUSE, KULAMULLATHIL,
KUMMANKODE, NADAPURAM, KOZHIKODE DISTRICT-673 504.
R1 & R2 BY PUBLIC PROSECUTOR SMT.V. SREEJA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04-06-2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
06/06/2018.
Crl.MC.No. 3080 of 2018 ()
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A ORIGINAL COPY OF THE CHARGE SHEET FILED BY THE
2ND RESPONDENT SERVED ON THE PETITIONERS FROM
J.F.C.M., NADAPURAM.
ANNEXURE B AFFIDAVIT STATING THAT THE COMPLAINANT/3RD RESPONDENT
HAS NO ENMITY BETWEEN THEM AND SHE HAS AGREED TO SETTLE
THE ISSUED WITH THE PETITIONERS/ACCUSED.
RESPONDENT'S ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
06/06/2018.
K.ABRAHAM MATHEW J.
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Crl.M.C. No.3080 of 2018
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Dated this the 4th day of June, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
2. Petitioners are the accused in S.C. No.717 of 2017 on the file of the Sessions Court (Waqf), Kozhikode registered for the offences under Sections 143, 147, 148, 294(b), 323, 380, 427, 436, 461, r/w Section 149 IPC. The 3 rd respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may 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 Crl.M.C. 3080 /18 -:2:- 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 S.C. No.717 of 2017 on the file of the Sessions Court (Waqf), Kozhikode 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 vps 4/6 /True Copy/ PS to Judge