IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 8TH DAY OF MAY 2018 / 18TH VAISAKHA, 1940
Crl.MC.No. 2820 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 39/2018 of J.M.F.C.-II(FOREST OFFENCES),MANJERI
CRIME NO. 326/2016 OF EDAVANNA POLICE STATION , MALAPPURAM
PETITIONERS/ACCUSED
1 HASSAN,
AGED 48 YEARS, S/O. KUNHIMUHAMMED,
EYYAMMADAKKAL HOUSE, CHERUKUDANGAD P.O,
PATTAMBI TALUK, PALAKKAD DISTRICT.
2 BUSHRA,
AGED 42 YEARS, W/O. HASSAN,
EYYAMMADAKKAL HOUSE, CHERUKUDANGAD P.O, PATTAMBI
TALUK,
PALAKKAD DISTRICT.
3 MUHAMMEDALI,
AGED 44 YEARS, S/O. KUNHIMUHAMMED, EYYAMMADAKKAL
HOUSE,
CHERUKUDANGAD P.O, PATTAMBI TALUK,
PALAKKAD DISTRICT.
BY ADV.SRI.P.SAMSUDIN
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT
1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. SULAIKHA,
AGED 32 YEARS, D/O. ABDULLA, MOOLATH HOUSE,
THIRUVALI P.O 676 123, URANGATTIRI, NILAMBUR TALUK,
MALAPPURAM DISTRICT.
R2 BY ADV. SRI.JITHIN LUKOSE
R BY PUBLIC PROSECUTOR SRI K.B.UDAYAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-05-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2820 of 2018 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FINAL REPORT IN
CRIME NO. 326/2016 OF THE EDAVANNA POLICE
STATION.
ANNEXURE A2 THE AFFIDAVIT DATED 12-04-2018 SWORN IN BY THE
2ND RESPONDENT(DE-FACTO COMPLAINANT).
RESPONDENTS’ EXHIBITS
NIL.
/TRUE COPY/
P.S TO JUDGE
P.V.ASHA, J.
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Crl.M.C.No.2820 of 2018
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Dated this the 8th day of May, 2018
ORDER
The petitioners are accused in Crime No.326/2016 of Edavanna
Police Station for offences punishable under Sections 498A and 406 r/w
Section 34 of IPC, which is pending as C.C.No.39/2018 before the
Judicial First Class Magistrate Court-II (Forest Offences), Manjeri.
Producing Annexure A2 affidavit of the 2 nd respondent, who is the
defacto complainant, the petitioners submit that the matter has already
been settled.
2. The learned counsel appearing for the 2 nd respondent also
submits that the matter has been settled and the 2 nd respondent does not
have any further complaint against the petitioners.
3. The learned Public Prosecutor on instructions submits that
Annexure A2 affidavit of the 2nd respondent produced is genuine and
the petitioners do not have any criminal antecedents. In view of the
settlement between the parties, as evident from Annexure-A2 affidavit
of the 2nd respondent, I am of the view that no purpose would be served
by allowing the prosecution to be continued against the petitioners.
Crl.M.C.No.2820 of 2018 2
In the above circumstances, Annexure A1 – FIR and final report
in Crime No.326/2016 of Edavanna Police Station in Malappuram
district and all further proceedings pursuant to it in C.C.No.39 of 2018
on the file of the Judicial First Class Magistrate Court-II (Forest
Offences), Manjeri shall stand quashed.
Crl.M.C is allowed accordingly.
Sd/-
(P.V.ASHA, JUDGE)
rtr/
