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Crime No. 326/2016 Of Edavanna … vs By Adv.Sri.P.Samsudin on 12 April, 2018

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.
————————–
Crl.M.C.No.2820 of 2018
——————————————-
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/

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