IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941
Crl.MC.No. 2241 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 966/2016 of JMFC, KAKKANAD
(TEMPORARY)
CRIME NO. 124/2016 OF Thadiyittaparamba Police Station , Ernakulam
PETITIONERS/ACCUSED 1 TO 5:
1 NAHAS
AGED 29 YEARS
S/O. HAMSU, KATTILAKATH VEEDU, 4 CENT COLONY,
KUNNATHUNADU TALUK, VAZHAKKULAM PANCHAYAT,
CHEMBARAKKI, ALUVA, ERNAKULAM.
2 HAMSU
AGED 59 YEARS
S/O. MOHAMMED, KATTILAKATH VEEDU, 4 CENT COLONY,
KUNNATHUNADU TALUK, VAZHAKKULAM PANCHAYAT,
CHEMBARAKKI, ALUVA, ERNAKULAM.
3 NASEEMA
AGED 47 YEARS
W/O. HAMSU, KATTILAKATH VEEDU, 4 CENT COLONY,
KUNNATHUNADU TALUK, VAZHAKKULAM PANCHAYAT,
CHEMBARAKKI, ALUVA, ERNAKULAM.
4 KOULATH
W/O.ASHARAF,
AGED 52 YEARS
AYMANAR KATTILAKATH VEEDU, 4 CENT COLONY,
KUNNATHUNADU TALUK, VAZHAKKULAM PANCHAYAT,
CHEMBARAKKI, ALUVA, ERNAKULAM.
5 AMEER
AGED 31 YEARS
S/O. HAMSU, KATTILAKATH VEEDU, 4 CENT COLONY,
KUNNATHUNADU TALUK, VAZHAKKULAM PANCHAYAT,
CHEMBARAKKI, ALUVA, ERNAKULAM.
BY ADVS.
DR.V.N.SANKARJEE
SMT.ARYA BALACHANDRAN
Crl.MC.No. 2241 of 2019
2
SMT. KEERTHI B. CHANDRAN
SMT.R.UDAYA JYOTHI
SRI.M.M.VINOD
SRI.S.SIDHARDHAN
SRI.V.N.MADHUSUDANAN
RESPONDENTS/COMPLAINANT DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2 ANCIYA
W/O. NAHAS, AGED 25, 4/54, KANDATHIPARAMBU VEEDU,
MATTANCHERY, KOCHI-682 002
BY ADV. SRI.V.G.RAVIKUMAR
SR.PP.SRI.SANTHOSH PETER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2241 of 2019
3
ORDER
The petitioners are the accused Nos.1 to 5 in C.C.No.
966 of 2016 on the file of the Judicial First Class Magistrate’s
Court, Kakkanad. The offences alleged against the petitioners
are under Section 498A IPC. Second respondent herein is the
de facto complainant. This Crl.M.C is filed seeking to quash
the proceedings in C.C.No.966 of 2016 on the file of the
Judicial First Class Magistrate Court, Kakkanad on the ground
that the issue leading to the registration of the crime has
been amicably settled between the petitioners and the
second respondent.
2. Heard the learned counsel for the petitioners, the
learned counsel for the second respondent and the learned
Public Prosecutor.
3. Having perused the affidavit filed by the second
respondent, the contents of which is submitted to be true and
voluntary by the learned counsel for the second respondent, I
am satisfied that the matter has been amicably settled and
Crl.MC.No. 2241 of 2019
4
that no public interest is involved in this matter. Hence, there
is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings in
C.C.No. 966 of 2016 on the file of the Judicial First Class
Magistrate’s Court, Kakkanad is quashed. The trial court may
pass appropriate orders for the disposal of the material
objects, if any, seized during the course of investigation.
Sd/-
V.G.ARUN
JUDGE
PV
Crl.MC.No. 2241 of 2019
5
APPENDIX
PETITIONERS’ EXHIBITS:
ANNEXURE I TRUE COPY OF THE FINAL REPORT DATED
10.03.2016 IN CRIME NO. 124/16 OF
THADIYTTAPARAMBU POLICE STATION TOGETHER
WITH THE FIRST INFORMATION REPORT DATED
17.2.2016 AND CRIMINAL COMPLAINT C.M.P
NO. 294/16 DATED 19.1.2016
RESPONDENTS’ EXHIBITS: NIL
\TRUE COPY//
PA TO JUDGE
PV
