Niyas Nisar vs State Of Kerala
2023 Latest Caselaw 10195 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                      CRL.MC NO. 6884 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 459/2018 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS - III, KOLLAM
PETITIONERS/ACCUSED 1 TO 3:


    1     NIYAS NISAR, AGED 34 YEARS, S/O. NIZAR. S, RESIDING AT
          PUTHEN VEEDU, J.R.A-72, JONAKAPURAM, PALLITHOTTAM.P.O.,
          KOLLAM, PIN - 691006

    2     ANEES, AGED 34 YEARS, S/O. RAHIM, RESIDING AT
          PETTADATHU PURAYIDOM, JONAKAPURAM, PALLITHOTTAM.P.O.,
          KOLLAM, PIN - 691006

    3     THARIK LATHEEF, AGED 35 YEARS, RESIDING AT PETTADATHU
          PURAYIDOM, SNEHA NAGAR-55 JONAKAPURAM,
          PALLITHOTTAM.P.O., KOLLAM, PIN - 691006

          BY ADV B.K.GOPALAKRISHNAN


RESPONDENTS/STATE/DEFACTO COMPLAINANT :


    1     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
          COURT OF KERALA ERNAKULAM, PIN - 682031

    2     NOWFAL, AGED 33 YEARS, S/O NAZAR. S, RESIDING AT
          MUHASEENA MANZIL HOUSE, MUNDAKKAL, ERAVIPURAM VILLAGE,
          ERAVIPURAM. P.O., KOLLAM TALUK, KOLLAM DISTRICT, PIN -
          691019


OTHER PRESENT:
           SRI.RENJITH.T.R, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 6884 OF 2023
                                2

                    P.V.KUNHIKRISHNAN
               ---------------------
                    Crl.MC.No.6884 of 2023
           ---------------------------
           Dated this the 21st day of September, 2023

                            JUDGMENT

The above Crl.MC is filed to quash the proceedings in

C.C.No.459/2018 on the files of the Judicial First Class

Magistrate Court-III, Kollam based on settlement.

2. The learned Public Prosecutor, after getting

instructions, submitted that there is criminal antecedents to

the 1st accused and there are four cases registered against

him and one of the case is for the offence under Section

307 IPC. In such situations, I think this Court need not quash

the proceedings based on settlement.

Therefore, this Crl.MC is disposed of directing the

Judicial First Class Magistrate Court-III, Kollam to dispose

C.C.No.459/2018 as expeditiously as possible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng CRL.MC NO. 6884 OF 2023

APPENDIX OF CRL.MC 6884/2023 PETITIONER ANNEXURES

Annexure A1 A TRUE PHOTOCOPY OF THE FIR NO:

380/2018 OF KOLLAM WEST POLICE STATION ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KOLLAM DATED 07/05/2018

Annexure A2 THE COPY OF FINAL REPORT PRODUCED BY THE POLICE AGAINST THE ACCUSED 1, 2 & 3 IN FIR NO: 380/2018 OF KOLLAM WEST POLICE STATION IN C.C NO. 459/2018 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KOLLAM DATED 24/05/2018

Annexure A3 AN ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT DATED 22/07/2023