Shereef N vs State Of Kerala
2021 Latest Caselaw 13147 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                         CRL.MC NO. 2544 OF 2021
          CRIME NO.482/2016 OF Hosdurg Police Station, Kasargod
 AGAINST THE ORDER/JUDGMENT IN LPC 2/2020 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS -I,HOSDRUG, KASARGOD
PETITIONER/S:

     1       SHEREEF N.
             AGED 32 YEARS
             S/O.MUHAMMED, NILANGARA HOUSE, ARANGADI, KANHANGAD,
             KASARAGOD, PIN -671 315.

     2       JAMSHEER B.K.
             AGED 25 YEARS
             S/O.JAMEELA, BAKKOTT(H), ARANGADI, HOSDURG, KASARAGOD,
             PIN - 671 315.

     3       RAMSHEED K.K.
             AGED 27 YEARS
             S/O.ISMAIL K., ARANGADI(H), ARANGADI, KANHANGAD,
             KASARAGOD, PIN - 671 315.

     4       ABDUL MUTHALIB C.H.
             AGED 25 YEARS
             S/O.ASSAINAR, ANDHUNAJI(H), ARANGADI, KANHANGAD,
             KASARAGOD, PIN - 671 315.

     5       ARAFATH N.P.
             AGED 31 YEARS
             S/O.IBRAHIM, K.M.C.18/148 QUARTERS, ARANGADI, HOSDURG,
             KASARAGOD, PIN - 671 315.

             BY ADVS.
             RAHUL SASI
             SMT.NEETHU PREM
             SHRI.VIVEK.P.K
 CRL.MC NO. 2544 OF 2021          2



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM - 682 031.

    2     AMBUJAKSHAN
          AGED 53 YEARS
          S/O.CHANDRAN, KUNNARUVATH (H), KOVVALPALLI, KANHANGAD
          P.O., HOSDURG TALUK, KASARAGOD, PIN - 671 315.

          R1    BY SRI. M.R. DHANIL, PUBLIC PROSECUTOR

          R2 BY ADV NIRMAL V NAIR



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2544 OF 2021            3




                              O R D E R

Dated this the 23rd day of June 2021

Petitioners are accused Nos. 1 to 4 & 6 in Crime No.482/2016 of

Hosdurg Police Station, which is presently pending as LP No.2/2020 on

the files of the Judicial First Class Magistrate Court-I, Hosdurg for

having allegedly committed offences punishable under Sections 143,

147, 148, 448 and 427 r/w Section 149 of IPC.

2. The de facto complainant is the 2nd respondent. He has

appeared through counsel and has also filed an affidavit stating that the

matter has been settled between the parties and he has no further

complaints and has no objection to discharge the accused.

3. A report was called from the investigating officer through the

learned Public Prosecutor and he has also submitted that the matter

has been settled amicably. Hence, no purpose will be served by

proceedings with the trial.

In the result, the Crl.M.C is allowed and the entire proceedings in

CC No.1695/2016 which is now consigned to the Long Pending Register

as L.P. No.2/2020 on the files of the Judicial First Class Magistrate

Court-I, Hosdurg stands quashed under Section 482 of Cr.P.C. and the

accused are discharged and set at liberty.

SD/-

ASHOK MENON

rmm JUDGE

APPENDIX OF CRL.MC 2544/2021

PETITIONER ANNEXURE

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO.482 OF 2016 OF HOSDURG POLICE STATION.

ANNEXURE A2 AFFIDAVIT DATED 17/04/2021 SUBMITTED BY 2ND RESPONDENT.