Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 3, Cited by 0]

Kerala High Court

Mammu Paroth Puthenpurayil vs State Of Kerala on 5 January, 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

             WEDNESDAY, THE 27TH DAY OF JUNE 2018 / 6TH ASHADHA, 1940

                            Crl.MC.No. 3876 of 2018
                            -----------------------

      CC 1536/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR.
         CRIME NO.24/2017 OF VALAPPATANAM POLICE STATION, KANNUR.
                                     .......



PETITIONER(S)/ACCUSED 1 AND 2:
------------------------------

     1.    MAMMU PAROTH PUTHENPURAYIL,
           S/O. KUNHAMMAD, AGED 58 YEARS,
           PAROTH HOUSE, POYTHUMKADAU,
           AZHEEKODU, KANNUR - 670 009.

     2.    M.T MUNEER, S/O. MAMMUHAJI,
           AGED 48 YEARS, SAFIYAS, ENTHODU,
           AROLI DESOM, KANNUR DISTRICT.


           BY ADVS.SRI.I.V.PRAMOD
                   SRI.K.V.SASIDHARAN


RESPONDENT(S)/STATE, COMPLAINANT & AGGRIEVED PERSONS:
----------------------------------------------------

     1.    STATE OF KERALA,
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           COCHIN - 682 031.

     2.    C.K RAMLATH, AGED 46 YEARS,
           W/O. P.P MEHAMOOD, SHABIYA MAHAL,
           POYTHUMKADAVU, AZHEEKOODU AMSOM,
           KANNUR DISTRICT.

     3.    JUBAIR C.K, AGED 30 YEARS,
           S/O. LATE P.P MEHAMOOD, SHABIYA MAHAL,
           POYTHUMKADAVU, AZHEEKOODU AMSOM,
           KANNUR DISTRICT.

     4.    JUBAINA C.K, AGED 28 YEARS,
           D/O.LATE P.P MEHAMOOD, SHABIYA MAHAL,
           POYTHUMKADAVU, AZHEEKOODU AMSOM,
           KANNUR DISTRICT.

     5.    JUNAID C.K, AGED 26 YEARS,
           S/O. LATE P.P MEHAMOOD, SHABIYA MAHAL,
           POYTHUMKADAVU, AZHEEKOODU AMSOM,
           KANNUR DISTRICT.
Crl.MC.No. 3876 of 2018 ()
-------------------------


       6.   JASHIR C.K, AGED 24 YEARS,
            S/O.LATE P.P MEHAMOOD, SHABIYA MAHAL,
            POYTHUMKADAVU, AZHEEKOODU AMSOM,
            KANNUR DISTRICT.

       7.   SHABIYA C.K, AGED 23 YEARS,
            D/O. P.P MEHAMOOD, SHABIYA MAHAL,
            POYTHUMKADAVU, AZHEEKOODU AMSOM,
            KANNUR DISTRICT.


            R1 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA


            THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
            ON 27-06-2018, THE COURT ON THE SAME DAY PASSED THE
            FOLLOWING:

mbr/
Crl.MC.No. 3876 of 2018 ()
-------------------------

                                   APPENDIX

PETITIONERS' ANNEXURES:
----------------------

ANNEXURE A1       A TRUE COPY OF THE FIR IN CRIME NO.24/2017
                  DATED 5/1/2017 OF VALAPATTANAM POLICE STATION
                  WITH PRIVATE COMPLAINT.

ANNEXURE A2       A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
                  NO.24/2017 DATED 31/10/2017 OF VALAPATTANAM
                  POLICE.

ANNEXURE A3       THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
                  DATED 2/5/2018.

ANNEXURE A4       THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
                  DATED 2/5/2018.

ANNEXURE A5       THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT
                  DATED 2/5/2018.

ANNEXURE A6       THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT
                  DATED 2/5/2018.

ANNEXURE A7       THE AFFIDAVIT SWORN BY THE 6TH RESPONDENT
                  DATED 2/5/2018.

ANNEXURE A8       THE AFFIDAVIT SWORN BY THE 7TH RESPONDENT
                  DATED 2/5/2018.


RESPONDENTS' ANNEXURES:      NIL
-----------------------

                                                                  /TRUE COPY/


                                                                  P.S.TO JUDGE

mbr/
29.06.2018.

                   K.ABRAHAM MATHEW, J.
            -----------------------------
                  Crl. M.C. No. 3876 of 2018
            -----------------------------
              Dated this the 27th day of June, 2018


                                   ORDER

Petition filed under Section 482 Cr.P.C.

2. Petitioners are the accused in C.C. No.1536 of 2017 on the files of the Judicial Magistrate of First Class-II, Kannur, registered for the offences under Sections 465, 468 and 471 of IPC. The respondents 2 to 7 are the victims. 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 respondents 2 to 7 and the learned Public Prosecutor.

4. I have perused the affidavits filed by the respondents 2 to 7, who have 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.1536 of 2017 on the file of the Judicial Magistrate of First Class-II, Kannur are quashed.

Sd/-

K. ABRAHAM MATHEW JUDGE //True Copy// PA TO JUDGE SMA -:2:-