Nizamudeen vs State Of Kerala
2021 Latest Caselaw 15779 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                        THE HONOURABLE MR. JUSTICE ASHOK MENON

               FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943

                               CRL.MC NO. 1052 OF 2021

AGAINST THE ORDER/JUDGMENT IN CC 1028/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS

         -I, KOLLAM   IN CRIME NO.324/2012 OF KUNDARA POLICE STATION, KOLLAM



PETITIONERS/ACCUSED 1 TO 6 :

     1         NIZAMUDEEN
               AGED 54 YEARS
               (A1), S/O.HANEEFAKUNJU, FATHIMA MANZIL, NOW RESIDING AT SHEEJA
               MANDIRAM, PUNUKKANNUR CHERI, KURIPPALLY, ELAMPALLOOR VILLAGE,
               KOLLAM DISTRICT

     2         ANSARISHA
               AGED 30 YEARS
               (A2), S/O SHAHABUDEEN, ANSARI MANZIL, MODEEN MUKKU, PERUMBUZHA
               THAZHAM, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT

     3         MUHAMEMD NOUFER
               AGED 30 YEARS
               (A3), S/O. SHAHAVUDEEN, CHARUVILA, THEKKATHIL PUTHENVEEDU,
               KAMBIKADA, PERUMBUZHA THAZHAM CHERI, ELAMPALLOOR VILLAGE, KOLLAM
               DISTRICT

     4         BENOY @ DILSAGAR,
               AGED 29 YEARS
               (A4), S/O. THAJUDEEN, SALAMATH MANZIL, THYKKAVU MUKKU,
               KUREEPPALLY, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT

     5         SHAFI SHAJAHAN
               AGED 30 YEARS
               (A5), S/O. SHAJAHAN, SHAFI MANZIL, SHAVAKOTTA, MODEEN MUKKU,
               PERUMBUZHATHAZHAM CHERI, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT

     6         RIYAS,
               AGED 29 YEARS
               (A6), S/O. ALVUDEEN, RIYAS MANZIL, SHAVAKOTTA, MODEEN MUKKU,
               PERUMBUZHATHAZHAM CHERI, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT

               BY ADVS.
               BINU GEORGE
               SMT.HEMALATHA


RESPONDENTS/STATE DEFACTO COMPLAINANT:

     1         STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF EKRALA,
               ERNAKULAM,PIN-682 031
 Crl.MC.No.1052 OF 2021      2

     2      SAJEEV S
            AGED 39 YEARS
            S/O.SHAHUL HAMMED, PALLIVADAKKATHIL, WEST OF THYKKAVU JN.,
            PUNUKKANNUR CHERI, MANZIL, SHAVAKOTTA, MODEEN MUKKU,
            PERUMBUZHATHAZHAM CHERI, ELAMPALLOOR VILLAGE, KOLLAM
            DISTRICT,PIN-691 501
            BY ADV K.P.ANTONY BINU


OTHER PRESENT:

            SRI.T.R.RENJITH, PUBLIC PROSECUTOR



    THIS CRIMINAL MISC. CASE HAVING                       COME UP        FOR
ADMISSION ON 30.07.2021, THE COURT ON                     THE SAME       DAY
PASSED THE FOLLOWING:
 Crl.MC.No.1052 OF 2021   3




                             O R D E R

Dated this the 30th day of July 2021

The petitioners are accused Nos.1 to 6 in

Crime No.324/2012 of Kundara Police Station for

having allegedly committed the offences

punishable under Sections 143,147, 148, 341,

323, 324,506 read with Section 149 of the IPC.

2. The Final report has been filed and the

matter is presently pending on the files of the

Judicial First Class Magistrate Court-I, Kollam

as C.C. No.1028/2020. The defacto complainant

and the injured is the second respondent herein.

The petitioners stated that the matter has been

amicably settled with the second respondent. The

second respondent has appeared through counsel

and filed an affidavit to the effect that the

matter has been amicably settled and he has no

objection in quashing the proceedings as against

the petitioners.

3. The learned Public Prosecutor has also

received instructions regarding the genuineness

of the settlement. The petitioners have no

criminal antecedents. In view of the fact that

the injured have no objection against the

petitioners, no purpose will be served by

proceeding with the trial against the

petitioners. There is no public interest

involved. The main offences are compoundable.

In the result, the Crl.M.C is allowed.

The entire proceedings as against the

petitioners in Crime No.324/2012 of Kundara

Police Station presently pending as

C.C.No.1028/2020 on the files of the Judicial

First Class Magistrate Court-I, Kollam stands

quashed under Section 482 of the CRPC and the

accused are discharged and set at liberty.

Sd/-

ASHOK MENON

JUDGE al/-

APPENDIX OF CRL.MC 1052/2021

PETITIONER ANNEXURE ANNEXURE-A1 CERTIFIED COPY OF THE FIR IN CRIME NO.324/2012 OF KUNDARA POLICE STATION ANNEXURE-A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.324/2012 OF KUNDARA POLICE STATION ANNEXURE-A3 AFFIDAVIT DATED 30.01.2021 SWORN BY THE 2ND RESPONDENT

RESPONDENTS EXHIBITS : NIL

TRUE COPY

P.S TO JUDGE

AL/-