Kerala High Court
Crl.MC/11346/2023 of NIBU NAZEER@NAHAS NAZEER Vs STATE OF KERALA on 29 December 2023
HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G. GIRISH FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 CRL.MC NO. 11346 OF 2023 CRIME NO.1359/2021 OF Velloor Police Station, Kottayam AGAINST THE ORDER IN CC 1272/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VAIKOM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE G. GIRISH
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945
CRL.MC NO. 11346 OF 2023
CRIME NO.1359/2021 OF Velloor Police Station, Kottayam AGAINST THE ORDER IN CC 1272/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VAIKOM
PETITIONER:
NIBU NAZEER@NAHAS NAZEER AGED 36 YEARS, S/O (LATE) M.U.NAZEER, NAHAS MANSIL HOUSE , MANACKAKADAVU BHAGOM, VELLOOR, MEVALLOOR P.O, KOTTAYAM (DT), PIN 686 609 BY ADV MRINUAAL
AGED 36 YEARS, S/O (LATE) M.U.NAZEER,
RESPONDENTS:
1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 0312STATION HOUSE OFFICER VELLOOR POLICE STATION, KOTTAYAM (RURAL), PIN – 686 6163SONEY ZAKARIA AGED 55 YEARS, S/O ZAKARIA.K.K, KANJIRAPPARAMBIL ANNAS HOUSE VALAVUNKAL BHAGOM, KAIPPATTOOR P.O, ERNAKULAM (DT ), PIN – 682 313 BY ADV SRI.SANGEET RAJ - PP
VELLOOR POLICE STATION, KOTTAYAM (RURAL), THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
G.GIRISH, J.
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Crl.M.C. No.11346 of 2023
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Dated this the 29[th] day of December, 2023
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O R D E R
The petitioner, in this case, is the sole accused in Crime No.1359 of 2021 of Velloor Police Station, Kottayam, which has been registered alleging commission of offences punishable under Sections 341, 294(b) and 323 of the Indian Penal Code. The case is now pending before the Judicial First Class Magistrate Court – I, Vaikkom as C.C. No.1272 of 2021.
2. In the present petition, the petitioner would contend that the issue involved in the said case has been amicably settled with the defacto complainant therein, and hence the proceedings are to be quashed. Adv.Jayaprakash Narayanan, the learned counsel, has filed vakalath for the defactocomplainant in this case. It is submitted by the learned counsel for the defacto complainant that the disputes between the parties have been sorted out and that the defacto complainant is no longer interested in proceeding with the prosecution.
3. The defacto complainant has filed an affidavit dated 22.12.2023 stating the settlement of the issue with the petitioner. It is further stated in the affidavit that the defactocomplainant has no objection in quashing Annexure A1 Final report.
4. The learned Public Prosecutor, on instructions from respondents 1 and 2, would submit that the investigating officer has filed a statement to the effect that the issue involved in this case was found to be settled amicably between the parties. The report of the investigating officer in the above regard, along with a copy of the statement of the defacto complainant, is placed for the perusal of this Court by the learned Public Prosecutor.
5. Having regard to the above facts and circumstances of the case, I am of the view that there is absolutely no need to further proceed with C.C. No.1272 of 2021 of the Judicial First Class Magistrate Court - I, Vaikkom. Therefore, the prayer in this petition has to be allowed.
Crl.M.C. No.11346 of 2023
In the result, this Crl.M.C., stands allowed. The case pending before the Judicial First Class Magistrate Court – I, Vaikkom as C.C. No.1272 of 2021 stands quashed.
Sd/-
G. GIRISH, JUDGE
ded
APPENDIX OF CRL.MC 11346/2023
PETITIONER ANNEXURESAnnexure 1
TRUE COPY OF THE FINAL REPORT NUMBERED 1338/21 DATED 03/12/2021 FILED BEFORE THE HONOURABLE JFCM-1-VAIKKOM
Annexure 2TRUE COPY OF THE AFFIDAVIT DTD 22 /12/2023 I