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Nahas vs The State Of Kerala on 10 May, 2019

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

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