Kerala High Court
Abdul Azar K vs State Of Kerala on 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
CRL.MC NO. 1734 OF 2021
AGAINST THE ORDER/JUDGMENT IN LPC 33/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,HOSDURG, KASARGOD
CC No.432/2021 on the files of the Judicial First Class
Magistrate's Court-I, Hosdurg
PETITIONERS/A2 & A3:
1 ABDUL AZAR K
AGED 29 YEARS
S/O. MOIDU, ARANGADI KADAVATH, KANHANGAD, KASARGOD
2 RAMEES.E.K.
AGED 30 YEARS
S/O. B.K.ABDUL RAHMAN, THARAYAL (H), AARANGADI ,
HOSDURG, KASARGOD
BY ADVS.
RAHUL SASI
SMT.NEETHU PREM
SHRI.VIVEK.P.K
RESPONDENT/S:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031
2 B.CHANDHRAN
S/O. KANNAN, BELARATH HOUSE, NEAR KALAYARA TEMPLE,
KANHANGAD VILLAGE AND P.O., HOSDURG TALUK, KASARGOD-671
315
Crl.MC 1734/2021
2
3 KUNHAMMA. B
AGED 72 YEARS
W/O. KOTTAN, BELARATH HOUSE, NEAR KALAYARA TEMPLE,
KANHANGAD VILLAGE AND P.O., HOSDURG TALUK, KASARGOD-671
315
BY ADV NIRMAL V NAIR FOR R2 & R3
OTHER PRESENT:
SRI.M.R.DHANIL, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.MC 1734/2021
3
ASHOK MENON, J.
------------------------------------
Crl.MC No.1734 of 2021
-------------------------------------
Dated this the 1st day of July, 2021
ORDER
The petitioners are accused Nos.2 and 4 in Crime No.483/2016 of
Hosdurg Police Station for having allegedly committed offences punishable
under Sections 143, 147, 148, 448 and 427 read with Section 149 IPC, for
which final report was filed. But, since the petitioners were absconding, the
case against them was split up, refiled and consigned to the long pending
register as LPC No.33/2020 on the files of the Judicial First Class
Magistrate's Court-I, Hosdurg. The petitioners were asked to surrender and
in consequence of which they surrendered before the jurisdictional court and
the case against them has been re-filed as CC No.432/2021 and is pending
consideration.
2. The petitioners state that the matter has been amicably settled
between the de facto complainant and the aggrieved, who are respondent
Nos.2 and 3 herein. The respondents have filed Annexures-A2 and A3
affidavits to the effect that the matter has been amicably settled and that they
do not have any objection in quashing the proceedings as against the
petitioners. They are not willing to proceed with the prosecution against
them.
Crl.MC 1734/2021
3. Heard the learned counsel for the petitioners, the learned counsel
appearing for the party respondents and the learned Public Prosecutor.
4. The learned Prosecutor has got instructions to the effect that the
matter has been amicably settled between the parties. There is no public
interest involved. The petitioners have no criminal antecedents.
5. In view of the above, the Crl.MC is allowed and the entire
proceedings as against the petitioners herein in Crime No.483/2016 of
Hosdurg Police Station presently pending as CC No.432/2021 on the files of
the Judicial First Class Magistrate's Court-I, Hosdurg stand quashed under
Section 482 Cr.PC and the petitioners/accused are discharged and set at
liberty.
Sd/-
ASHOK MENON
JUDGE
jg
Crl.MC 1734/2021
APPENDIX OF CRL.MC 1734/2021
PETITIONER ANNEXURE
ANNEXURE-A1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.483 OF 2016 OF HOSDURG POLICE
STATION
ANNEXURE-A2 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY
THE 2ND RESPONDENT DATED 10.03.2021
ANNEXURE-A3 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY
THE 3RD RESPONDENT DATED 10.03.2021
