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2024 Supreme(Online)(KER) 19911

2024:KER:46013 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 19TH DAY OF JUNE 2024 / 29TH JYAISHTA, 1946 CRL.MC NO. 10779 OF 2023 CRIME NO.319/2018 OF Kuthuparamba Police Station, Kannur IN CC NO.1213 OF 2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUTHUPARAMBA PETITIONERS/ACCUSED NO 1 TO 5:

1 NABEEL AGED 28 YEARS, S/O IBRAHIM,ILAMBAYIL HOUSE,PATHIRIYAD AMSOM,PARAMBAYI,KANNUR KERALA, PIN - 670643

2 FAISAL K.A AGED 31 YEARS S/O KHALID,KANIYANTA VALAPPIL HOUSE,PATHIRIYAD AMSOM,PARAMBAYI,KANNUR KERALA-, PIN - 670643

3 FASEER K.A AGED 32 YEARS S/O KHALID,KANIYANTA VALAPPIL HOUSE,PATHIRIYAD AMSOM,PARAMBAYI,KANNUR KERALA, PIN - 670643

4 MANAF K.A AGED 31 YEARS S/O HASSAINAR, ARSHINA MANZIL,PATHIRIYAD AMSOM,PARAMBAYI,KANNUR KERALA, PIN - 670643

5 SHAMEER N.K. @ EAMU K.A AGED 35 YEARS S/O ABDUL KHADER,KANIYANTA VALAPPIL HOUSE,PATHIRIYAD AMSOM,PARAMBAYI,KANNUR KERALA-, PIN - 670643 BY ADVS.

SHERRY J. THOMAS ANTONY NILTON REMELO RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

2 MUMTHAS U AGED 37 YEARS D/O ABDULLA,MUMTHAS MANZIL,PINARAYI P.O,THALASSERY TALUK,KANNUR DISTRICT-, PIN - 670741 OTHER PRESENT:

PP M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

19.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 19th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A2 Final Report in C.C No.1213/2018 before the Judicial First Class Magistrate Court, Kuthupramba in Crime No.319/2018 of Kuthuparamba Police Station, Kannur.

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

3. In this matter, prosecution alleges commission of offences punishable under Sections

143,147,341,323,294(b),354 r/w 149 of IPC.

4. It is submitted that the matter has been amicably settled and the defacto complainant filed affidavit in this regard. The defacto complainant stated in her affidavit that she has no intention to proceed further in this matter.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

6. Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this Criminal Miscellaneous Case stands allowed. Annexure A2 Final Report in C.C No.1213/2018 before the Judicial First Class Magistrate Court, Kuthupramba in Crime No.319/2018 of Kuthuparamba Police Station, Kannur and the proceedings thereof stand quashed.

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