IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 975 of 2011() ----------------------------------- CC.307/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS-II, ALUVA CRIME NO.201/2010 OF ANGAMALY POLICE STATION .................... PETITIONER(S): ACCUSED NO.1 TO 7 ------------------------------------------------------ 1. T.A.ANWAR, AGED 27 YEARS, S/O. ALI, THANIKKAPPILLI HOUSE, MAMBRA, ERAYAMKUDY P.O., THRISSUR DISTRICT. 2. T.I.ASHRAF, AGED 51 YEARS, S/O. T.A.IBRAHIM, THURUTHIPPURAM, MAMBRA, ERAYAMKUDY P.O., THRISSUR DISTRICT. 3. N.S.AJITH, AGED 39 YEARS, S/O. SAYED MOHAMMED, NADAKAPARAMBIL VEEDU, ERAYAMKUDY P.O., MAMBRA. 4. T.I.MOHAMMEDALI, AGED 61 YEARS, S/O. T.A.IBRAHIM, THURUTHIPPURAM, MAMBRA, ERAYAMKUDY P.O., THRISSUR DISTRICT. 5. T.I.ABDUL KAREEM, AGED 43 YEARS, S/O. T.A.IBRAHIM, THURUTHIPPURAM, MAMBRA, ERAYAMKUDY P.O., THRISSUR DISTRICT. 6. C.I.NASEER, AGED 46 YEARS, S/O. C.K.IBRAHIM, CHANDRATHIL HOUSE, MAMBRA, ERAYAMKUDY P.O., THRISSUR DISTRICT. 7. C.I.NASAR, AGED 34 YEARS, S/O. C.K.IBRAHIM, CHANDRATHIL HOUSE, MAMBRA, ERAYAMKUDY P.O., THRISSUR DISTRICT. BY ADV. SRI.C.KHALID SRI.T.P.SAJID sts CRMC.NO.975/2011 RESPONDENT(S): COMPLAINANT & STATE ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. 2. MEERAN SAKAFI, AGED 27 YEARS, S/O. MOIDEEN, CHERUPURAM HOUSE, CHERUPADI, NELLIKUZHI, KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2 BY ADV. SRI.T.B.MOHAMMED ANVARSHAH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.975 of 2011 --------------------------------------- Dated this 29th day of March, 2011 ORDER Petitioners are accused 1 to 7 in Crime No.201 of 2010 of Ankamaly Police Station and C.C.No.307 of 2010 of the Court of learned Judicial First Class Magistrate-II, Aluva for offences punishable under Secs.294(b) and 506(ii) r/w Sec.34 of the Indian Penal Code. Petitioners say that they have settled dispute with the second respondent/de facto complainant and request to quash proceeding against them. 2. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel for petitioners and second respondent have confirmed the settlement. Learned counsel for second respondent also confirmed authenticity of affidavit sworn by the second respondent and attested by a Notary Public. Dispute arose as to the administration of a Wakf and election of office bearers of the Jama-ath. That dispute led to the alleged incident. Dispute is personal to and between petitioners and the second respondent. Affidavit of second respondent shows that the dispute is amicably settled between parties. In such a situation I am inclined to think Crl.M.C.No.975 of 2011 -: 2 :- that it is not necessary to continue proceeding as it would not yield the expected result. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.201 of 2010 of Ankamaly Police Station and all proceeding against petitioners/accused 1 to 7 in C.C.No.307 of 2010 of the Court of learned Judicial First Class Magistrate-II, Aluva are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge