IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1^ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946 CRL.MC NO. 1045 OF 2018 CRIME NO.23/2017 OF PANAMARAM POLICE STATION, Wayanad AGAINST THE ORDER/JUDGMENT DATED IN CC NO.16 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANANTHAVADY PETITIONER/S:

1 DUGLUMS LEO MARY VILLA,ZILL HOUSING COLONY, P.T.USHA ROAD,CALICUT.

2 AKBAR K.P SO MAMMAD KOYA VALIYATHODI, GANDHI ROAD,NADAKKAVU, CALICUT.

3 SIRAJ SO SAIDALAVI CHAKKARAT PARAMBA, ARAKINAR, CALICUT.

4 NOUSHAD SO UMMER KALATHINGAL HOUSE, NALLALAM P.O.,CALICUT

5 NASEER SO C.V.BEERAN VELLAYIL, CHAKERAYIL VALAPPIL,CALICUT.

6 SHAHEER. K.V SO MAMMED KOYA KATHAVALAPPIL HOUSE, VENGERI P.O.,CALICUT.

BY ADV SMT.VIJAYAKUMARI RESPONDENT/S:

1 STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE,PANAMARAM POLICE STATION, WAYANAD,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.

2 VISHNU REPRESENTED BY HIS GRANDMOTHER(DEFACTO COMPLAINANT),W/O UNNI, KANNAM PARAMBIL HOUSE,CHERUKATTOOR, KOYILERI PALAM,JOYILERI, WAYANAD.

BY ADV SMT.K.P.REMA DEVI OTHER PRESENT:

SRI.RENJITH.T.R, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

01.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J –-------------------------------------

Crl.M.C. No. 1045 of 2018 --------------------------------------

Dated this the 1^st day of October, 2024

O R D E R

This Criminal Miscellaneous case is filed to quash the proceedings in CC No.16/2018 on the file of the Judicial First Class Magistrate Court, Mananthavady, Wayanad arising from Crime No.23/2017 of Panamaram Police Station.

2. The main contention is that the matter is settled and an affidavit of the victim is also produced. The Public Prosecutor submitted that, as per the statement given by the victim to the investigating officer, the victim wants to proceed with the case. If that is the case, this Criminal Miscellaneous case need not be retained here. All the contentions of the petitioners in this case are left open and the petitioners are free to agitate the same before the trial court, at the appropriate stage.

With the above observation, this Criminal Miscellaneous case is disposed of.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF CRL.MC 1045/2018 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 23/2017 OF PANAMARAM POLICE STATION, WAYANAD.

ANNEXURE A2 AFFIDAVIT FILED BY THE 2ND RESPONDENT.