Jaseem P. vs State Of Kerala Represented By The ...
2021 Latest Caselaw 11982 Ker

Crl.MC.No.2948 OF 2020(G)           1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                       Crl.MC.No.2948 OF 2020(G)

 AGAINST THE ORDER/JUDGMENT IN CC 40/2018 OF JUDICIAL MAGISTRATE
                OF FIRST CLASS -I, PERINTHALMANNA

 CRIME NO.400/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM


PETITIONER/ACCUSED:

               JASEEM P., AGED 25 YEARS,
               S/O.HUSSAIN, MUDIYILPARAMBA, MANALAYA, ANAMANGAD,
               PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.

               BY ADV. SRI.P.SAMSUDIN

RESPONDENT/STATE AND DE-FACTO COMPLAINANT:

       1       STATE OF KERALA REPRESENTED BY THE PUBLIC
               PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031,
               (IN CRIME NO.400/2017 OF PERINTHALMANNA POLICE
               STATION IN MALAPPURAM DISTRICT).

       2       SUBAIDA,
               AGED 53 YEARS
               D/O.SAINABA, KARATTIL HOUSE, MANALAYA P.O.,
               ANAMANGAD, PERINTHALMANNA TALUK,
               MALAPPURAM DISTRICT, PIN-679357.

       3       ABDUL ARSHAD,
               AGED 20 YEARS
               S/O.SUBAIDA, KARATTIL HOUSE, MANALAYA P.O.,
               ANAMANGAD, PERINTHALMANNA TALUK, MALAPPURAM
               DISTRICT, PIN-679357.

               R2-3 BY ADV. SRI.M.ANUROOP

               SRI C M KAMMAPPU-SR.PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2948 OF 2020(G)                 2




                                   ORDER

Petition filed under Section 482 Cr.P.C.

2. The petitioner is the accused in Crime

No.400/2017 of Perinthalmanna Police Station, for

having allegedly committed the offence punishable

under Sections 341,323,324,354, 294(b), 448 and 506

(ii) IPC.

3. Heard both sides and perused the records.

4. The Public Prosecutor submits that the

investigating officer had taken the statement of

respondents 2 and 3 and asserted that the matter has

been settled between the parties.

5. I have perused the affidavits filed by

respondents 2 and 3. Adv.Anuroop appears for the

defacto complainant and 3rd respondent. He submits

that the matter has been settled between the

parties. I am satisfied that the matter has been

settled and that no public interest is involved in

this case. There is no impediment for granting the

prayer of the petitioner.

6. In view of the above settlement between the

parties, all further proceedings in CC No.40/2018 on

the files of Judicial First Class Magistrate

Court-I, Perinthalmanna, pursuant to Annexure A1 FIR

and Annexure A2 charge sheet in Crime No.400/2017 of

Perinthalmanna Police Station in Malappuram District

are quashed.

Crl.M.C. is allowed accordingly.

Sd/-

BECHU KURIAN THOMAS

JUDGE msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.400/2017 OF THE PERINTHALMANNA POLICE STATION.

ANNEXURE A2 TRUE COPY OF THE CHARGE SHEET IN CRIME NO.400/2017 OF THE PERINTHALMANNA POLICE STATION.

ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED 10.04.2020 SWORN IN BY THE 2ND RESPONDENT.

ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT DATED 10.04.2020 SWORN IN BY THE 3RD RESPONDENT.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE