Kerala High Court
Yoosuf Haji vs Shanif on 6 June, 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
TUESDAY, THE 6TH DAY OF JUNE 2017/16TH JYAISHTA, 1939
Crl.MC.No. 2930 of 2017
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CC 1743/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1,VADAKARA
CRIME NO. 616/2013 OF EDACHERRY POLICE STATION, KOZHIKODE
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PETITIONERS/ACCUSED NOS. 1 TO 6:
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1. YOOSUF HAJI,
S/O.MOIDU, AGED 48 YEARS, KALAMULLATHIL HOUSE,
ORKKATTERI P.O., VATAKARA TALUK
2. ABDUL KHARIM,
S/O.MOIDU, AGED 43 YEARS, KALAMULLATHIL HOUSE,
ORKKATTERI P.O., VATAKARA TALUK
3. FASIL,
S/O.YOOSUF HAJI, AGED 24 YEARS, KALAMULLATHIL HOUSE,
ORKKATTERI P.O., VATAKARA TALUK
4. AJMAL,
S/O.KHALID, AGED 27 YEARS, HABNATH MANZIL,
ORKKATTERI P.O.,
VATAKARA TALUK
5. NABNAS,
S/O.MAHAMOOD, AGED 25 YEARS, NAVAS MANZIL HOUSE,
ORKKATTERI P.O., VATAKARA TALUK
6. UNAIF,
S/O.SUBAIR, AGED 25 YEARS, CHEERAKUNIYIL HOUSE,
ORKKATTERI P.O., VATAKARA TALUK
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENTS/COMPLAINANT:
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1. SHANIF,
S/O.KUNHABDULLA, AGED 26 YEARS, THAZHE KANHIROLI HOUSE,
P.O.KATHIKAPPALLY, VATAKARA TALUK, PIN-673101
2. SHAHASAD,
S/O.KUNHAMMAD, AGED 31 YEARS, THACHAROTH KUNIYIL HOUSE,
P.O.KATHIKAPPALLY, VATAKARA TALUK, PIN-673101
3. SHAMEEM,
S/O.ASHRAF, AGED 27 YEARS,
RESIDING AT ADINILAM KUNIYIL HOUSE,
P.O.KARTHIKAPPALLY, VATAKARA TALUK, PIN-673101
-2-
-2-
CRMC 2930 OF 2017:
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4. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM PIN-682031
R1,R2,R3 BY ADV. SMT.A.P.RUFAIJA
R4 BY PUBLIC PROSECUTOR SRI T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06-06-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
K.V.
Crl.MC.No. 2930 of 2017 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE 1 CERTIFIED COPY OF FINAL REPORT IN CR.NO.616/2013 OF
EDACHERY POLICE STATION
ANNEXURE 2 SWORN AFFIDAVIT OF 1ST RESPONDENT
ANNEXURE 3 SWORN AFFIDAVIT OF 2ND RESPONDENT
ANNEXURE 4 SWORN AFFIDAVIT OF 3RD RESPONDENT
RESPONDENT(S)' ANNEXURES NIL
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/TRUE COPY/
P.A.TO JUDGE
K.V.
K. ABRAHAM MATHEW, J.
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Crl.M.C. No. 2930 of 2017
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Dated this the 6th day of June, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
2.Petitioners are the accused in C.C. No. 1743 of 2014 on the file of the Judicial First Class Magistrate Court, Vatakara. They are alleged to have committed the offences under Sections 143, 147, 148, 341, 323 and 234 r/w Section 149 of the Indian Penal Code. Respondents 1 to 3 are the victims. 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 petitioner, the learned counsel for respondents 1 to 3 and the learned Public Prosecutor.
4.Respondents 1 to 3 have entered appearance through counsel and filed an affidavit, stating that the matter has been settled and they have no objection to the Crl.M.C. No. 2930 of 2017 ..2..
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 C.C. No. 1743 of 2014 on the file of the Judicial First Class Magistrate Court, Vatakara are quashed. If any material object has been produced in the case, the Magistrate may pass appropriate orders for its disposal.
Sd/-
K. ABRAHAM MATHEW JUDGE bka/-