IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 Crl.MC.No. 64 of 2014 -------------------------------- C.C NO:
718. 2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT,NILAMBUR. PETITIONERS/ACCUSED NO.1-3:- ------------------------------------------------ 1. MUHAMMED NAHEEF, AGED20YEARS, S/O ABHUBACKER, THANGAYATHIL(H), VADAPURAM P.O, MAMPAD VILLAGE, MALAPPURAM DISTRICT.
2. NAJEEB, AGED22YEARS, S/O ABHUBACKER, THANGAYATHIL(H), VADAPURAM P.O, MAMPAD VILLAGE, MALAPPURAM DISTRICT.
3. DILSHAD, AGED25YEARS. S/O ABHUBACKER, THANGAYATHIL(H), VADAPURAM P.O, MAMPAD VILLAGE, MALAPPURAM DISTRICT.
4. NOUFAL, AGED23YEARS, S/O ABHUBACKER, THANGAYATHIL(H), VADAPURAM P.O, MAMPAD VILLAGE, MALAPPURAM VILLAGE. BY ADV. SRI.SUNIL KUMAR A.G RESPONDENTS/COMPLAINANT & STATE:- ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTATED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ASHRAF, AGED48YEARS, S/O SULAIMAN, MANGARA(H), VADAPURAM P.O, MAMPAD VILLAGE, MALAPPURAM DISTRICT-676 542.
3. RISHAD, AGED24YEARS, S/O ASHRAF, MANGARA(H), VADAPURAM P.O, MAMPAD VILLAGE, MALAPPURAM DISTRICT-676 542.
4. RIYAS, AGED21YEARS, S/O ASHRAF, MANGARA(H), VADAPURAM P.O, MAMPAD VILLAGE, MALAPPURAM DISTRICT-676 542. Msd. ....2/- ...2... Crl.MC.No. 64 of 2014 -------------------------------- 5. RASIYA, AGED42YEARS, W/O ASHRAF, MANGARA(H), VADAPURAM P.O, MAMPAD VILLAGE, MALAPPURAM DISTRICT-676 542. R1 BY PUBLIC PROSECUTOR SMT. P.MAYA R2-R5 BY ADV. SRI.VINOD KUMAR.C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. Crl.MC.No. 64 of 2014 -------------------------------- APPENDIX --------------- PETITIONERS' ANNEXURES: ----------------------------------------- ANNEXURE A1: TRUE COPY OF THE FINAL REPORT. ANNEXURE A2: TRUE COPY OF THE AFFIDAVITS DATED2012.2013. ANNEXURE A3: TRUE COPY OF THE AFFIDAVITS DATED2012.2013. ANNEXURE A4: TRUE COPY OF THE AFFIDAVITS DATED2012.2013. ANNEXURE A5: TRUE COPY OF THE AFFIDAVITS DATED2012.2013. RESPONDENTS' ANNEXURES: --------------------------------------------- NIL //TRUE COPY\\ P.A.TO JUDGE. Msd. P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 64 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 02nd day of January, 2014 ORDER
Petitioners are accused Nos. 1 to 4 in C.C.No. 718 of 2013 pending before Judicial First Class Magistrate's Court-I, Nilambur who are alleged to have committed the offences punishable under Sections 341, 323, 324 and 354 read with Section 34 of IPC which arose out of Crime No. 761 of 2012 of the Nilambur Police Station.
2. It is unnecessary to go into the facts and details of the case for the simple reason that petitioners have impleaded the defacto complaint as well as other injured witnesses as respondents 2 to 5 in the proceedings. They have entered appearance and have also filed affidavits along with this petition as Annexures A2 to A5. They say that they stand by the statements contained therein.
3. On going through the affidavits, it is seen that the parties have settled all their differences and issues between Crl.M.C. No. 64/2014 -2- them and no further grievance remains to be resolved. It is also pointed out by the victim and the other injured that they have no interest in continuing the proceedings and they would like to withdraw the matter.
4. In the light of the statements contained in the affidavits, it is felt that continuance of the proceedings will be only an exercise in futility. In the result, this petition is allowed. All further proceedings in C.C.No. 718 of 2013 pending before Judicial First Class Magistrate's Court-I, Nilambur including the final report on the basis of which cognizance was taken shall stand quashed and the petitioners shall stand discharged. Sd/- P.BHAVADASAN JUDGE ds