Abdul Suneer vs The State Of Kerala
2021 Latest Caselaw 13241 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                         CRL.MC NO. 2683 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 201/2021 OF JUDICIAL MAGISTRATE OF
                FIRST CLASS -I, PERINTHALMANNA, MALAPPURAM
PETITIONER/S:

     1       ABDUL SUNEER
             AGED 37 YEARS
             S/O. HAMSA, MELETHIL HOUSE, THOOTHA, ALIPARAMBA,
             PERINTHALMANNA TALUK, MALAPPURAM DISTRICT -679 357.

     2       DILEEP,
             AGED 26 YEARS
             S/O. RADHAKRISHNAN, KANDAMPRA HOUSE, PALLIPADI, ANAMANGAD
             VILLAGE, THOOTHA, ALIPARAMBA, PERINTHALMANNA TALUK,
             MALAPPURAM DISTRICT-679 357.

     3       HAMSA,
             AGED 44 YEARS
             S/O. MUHAMMED, KEDAKALAN HOUSE, THOOTHA, HIGH SCHOOL PADI
             , ALIPARAMBA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-
             679 357

     4       SUDHEEP,
             AGED 26 YEARS
             S/O. RADHAKRISHNAN, KANDAMPRA HOUSE, PALLIPADI, ANAMANGAD
             VILLAGE, THOOTHA, ALIPARAMBA, PERINTHALMANNA TALUK,
             MALAPPURAM DISTRICT-679 357

     5       MUHAMMED ASHIR,
             AGED 20 YEARS
             S/O. BASHIR, KANNANTHODI HOUSE, THOOTHA, ALIPARAMBA,
             PERINTHALAMANNA TALUK, MALAPPURAM DISTRICT-679 357.

     6       SHAHABAS,
             S/O. MUHAMMED, VELLOORKAVIL HOUSE, THOOTHA ALIPARAMBA,
             PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 357

     7       MUHAMMED MUSHIN,
             AGED 20 YEARS
 CRL.MC NO. 2683 OF 2021           2

          S/O. ABDU, KALLINGAL HOUSE, PALLIPADI, THOOTHA,
          ALIPARAMBA, PERINTHALMANNA TALUK, MALAPPURAM
          DISTRICT-679 357.

    8     UMMER,
          AGED 33 YEARS
          S/O. MUHAMMEDI, CHAKKIPARAMBIL HOUSE, PALLIPADI,
          THOOTHA, ALIPARAMABA, PERINTHALMANNA TALUK,
          MALAPPURAM DISTRICT, 679 357.

    9     MUHAMMED SHIYAS,
          AGED 25 YEARS
          S/O. SUBAIR, VEERAMANGALAM HOUSE, THOOTHA,
          ALIPARAMBA, PERINTHALMANNA TALUK, MALAPPURAM
          DISTRICT-679 357.

    10    SANOOP,
          AGED 22 YEARS
          S/O. RADHAKRISHNAN, KANDAMPARAMBIL HOUSE, ANAMNGAD,
          PALLIPADI, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-
          679 357

          BY ADV E.C.AHAMED FAZIL



RESPONDENT/S:

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

    2     THE SUB INSPECTOR OF POLICE
          PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT-
          676 321

    3     HAMSAKUTTY
          AGED 43 YEARS
          S/O. HUSSAIN, CHUNDAMPATA HOUSE, THOOTA, ALIPARAMBA
          VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-
          679 357

          BY ADV NIYAS MOHAMMED
 CRL.MC NO. 2683 OF 2021           3

OTHER PRESENT:

          SRI.C.S.HRITHWIK SRPP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2683 OF 2021                    4




                                    O R D E R

Dated this the 24th day of June 2021

The petitioners are accused in Crime No.1017/2020 of

Perinthalmanna Police station presently pending as CC No.201/2021

on the files of the Judicial First Class Magistrate Court-I,

Perinthalmanna for having allegedly committed offences punishable

under Sections 143, 147, 448, 294(b), 427 r/w Section 149 of IPC.

2. The petitioners state that the matter has been amicably

settled with the de facto complainant and injured who is the 3rd

respondent herein. He has appeared through counsel and filed an

affidavit as Annexure A2 stating that the matter has been amicably

settled and that he has no grievance against the petitioners and that

they may be set at liberty.

3. Heard the learned counsel for the petitioners and the learned

counsel appearing for the de facto complainant as also the learned

Public Prosecutor who has been instructed by the investigating officer

regarding the settlement of the matter. The main offences alleged

against the petitioners are under Sections 448, 294(b) and 427 of

IPC. The petitioners have no criminal antecedents. There is no public

interest involved.

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

against the petitioners in Crime No.1017/2020 of Perinthalmanna

Police Station presently pending as CC No.201/2021 on the files of

the Judicial First Class Magistrate Court-I, Perinthalmanna stands

quashed under Section 482 of Cr.P.C. and the accused are

discharged.

Sd/-

ASHOK MENON

rmm JUDGE

APPENDIX OF CRL.MC 2683/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF FINAL REPORT IN CRIME NO.

1017 OF 2020 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT.

ANNEXURE A2 AFFIDAVIT SWORN IN BY THIRD RESPONDENT.