Kerala High Court
Muhammed Nahas. P vs State Of Kerala on 13 May, 2025
CRL.MC NO. 2836 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
CRL.MC NO. 2836 OF 2025
CRIME NO.382/2023 OF INFOPARK POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CC NO.546 OF 2023 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, KAKKANAD
PETITIONER/ACCUSED:
MUHAMMED NAHAS. P
AGED 39 YEARS
S/O.MUHAMMED, PARAKKAL HOUSE, KUNNAKKAVU.P.O.,
CHERUKARA, MALAPPURAM DISTRICT., PIN - 679340
BY ADVS.
K.MOHAMMED RAFEEQ
P.M.MATHEW
AMARNATH R LAL
SANALDEV E.P.
VISHNUMAYA ANANDAN
SONYMON ANTONY
AJMAL V. KARIM
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT., PIN - 682031
2 STATION HOUSE OFFICER
INFOPARK POLICE STATION,
ERNAKULAM DISTRICT., PIN - 682030
3 AMRITHESWARY
AGED 25 YEARS,
D/O RADHAKRISHNAN, VARIKKADAN HOUSE,
CRL.MC NO. 2836 OF 2025
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ORMA GARDENS NO. 21, NORTH CHALAKKUDY,
CHALAKKUDY, THRISSUR DISTRICT., PIN - 680307
BY ADV BIBIN MATHEW -R3
OTHER PRESENT:
SMT. M.K. PUSHPALATHA.SR. PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2836 OF 2025
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MOHAMMED NIAS C.P., J.
=========================
Crl. M.C. No.2836 of 2025
=========================
Dated this the 13th day of May, 2025
ORDER
The petitioner is the accused in Crime No.382/2023 of Infopark
Police Station, Ernakulam District and the offences alleged against the
petitioner is under Sections 324, 354, 354A (1)(i), 354A (2), 341 and 506
of the Indian Penal Code.
2. The allegation is that on 21.01.2023 at 9.00 PM the accused
called the defacto complainant over to a room of Oryx Hotel in
Chittethukara were the petitioner is residing and made her drink a
beer. The defacto complainant further alleged that when she woke up
at 10:00 AM on 22.01.2023, she found herself naked and she saw that
the accused was holding her breast and thereby the accused committed
the above said offence.
3. Heard the learned counsel for the petitioner, the learned
Public Prosecutor as well as the learned counsel for the third
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respondent.
4. It is submitted by respective counsel that the petitioner and
the third respondent have arrived at an amicable settlement and
Annexure-4 is the affidavit filed. The affidavit, inter alia, state that all
the disputes are settled and that the pendency of criminal proceeding
would cause hardship to all the parties.
5. From the submission across the Bar and perusing the
Criminal M.C. and the affidavit referred above, I am satisfied that there
has been an amicable settlement and that there is no vitiating
circumstances in the respondent filing the affidavit. No purpose will be
served by continuing the proceedings in the above circumstances.
6. In view of the judgment of the Hon'ble Supreme Court in
Gian Singh v. State of Punjab and another [2012 (10) SCC 303], Narinder
Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9
SCC 653] and considering the facts and circumstances of the case and in
exercise of power of this Court under Section 482 of the Code of
Criminal Procedure, I hereby quash Annexure - 3 Final Report and all
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further proceedings in C.C.No.546 of 2023 on the files of the Judicial
First Class Magistrate Court, Kakkanad in Crime No.382 of 2023 of
Infopark Police Station against this petitioner.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
CRL.MC NO. 2836 OF 2025
2025:KER:33752
PETITIONER ANNEXURES :
ANNEXURE-1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 382/2023 OF INFOPARK
POLICE STATION.
ANNEXURE-2 CERTIFIED COPY OF THE FIRST INFORMATION
STATEMENT DATED 19.03.2023 IN CRIME NO.
382/2023 OF INFOPARK POLICE STATION.
ANNEXURE-3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 382/2023 OF INFOPARK POLICE STATION.
ANNEXURE-4 ORIGINAL AFFIDAVIT DATED 16.12.2024 SWORN BY
THE 3RD RESPONDENT/ DEFACTO COMPLAINANT.
// True Copy // PA To Judge
