IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Crl.MC.No. 2066 of 2007() ------------------------- CMP.873/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI ........................................ PETITIONER(S): ACCUSED: ----------------------------------------- *(KALAMBAKALAKATH MOHAMMEDKUTTY ALIAS MAMU, S/O.KUNHI MOHAMMED, RESIDING AT NIRAMARUTHUR AMSOM DESOM, P.O.NIRAMARATHUR, TIRUR TALUK, TREASURER, NIRAMARATHUR JUMA MASJID PALLI COMMITTEE)- ADDRESS AMENDED: *THE ADDRESS OF THE PETITIONER STAND AMENDED AS: “CHARATH MOHAMMED KUTTY ALIAS MAMU, S/O.KUNHI BAVA, NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK. POST NIRAMARATHUR – 676 109”. (AS PER ORDER DTD. 11/07/07 IN CRL.M.A.NO.3384/07) BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MADAMPATTIL HAMEED HAJI, S/O.MOHAMMED, NIRAMARUTHUR AMSOM AND DESOM, P.O.NIRAMARATHUR, TIRUR TALUK, MALAPPURAM DISTRICT PIN 676 109. PUBLIC PROSECUTOR SRI. GIKKU JACOB FOR R1 ADV. SRI.P.CHANDRASEKHAR FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.2066 of 2007 ---------------------------------------- Dated this the 22nd day of January 2009 O R D E R The petitioner had come to this court complaining about the vexatious initiation of proceedings against him before the learned J.F.C.M, Parappanangadi in C.M.P.No.873/2006. The second respondent had filed a private complaint earlier. The same was referred to the police under Section 156(3) Cr.P.C. After investigation, a negative final report was filed by the police. Dissatisfied with that, the second respondent has filed C.M.P.No.873/06 before the learned J.F.C.M, Parappanangadi raising identical allegations. The petitioner contended that suit O.S.No.40/06 is pending between the parties to resolve the controversy as to who legitimately represents the mosque committee. It is now submitted that suit O.S.No.40/06 has already been disposed of by the Wakaf Tribunal, Kozhikode as per order dated 01/12/2008 in O.S.No.40/06 and in these circumstances C.M.P.No.873/2006 pending before the learned J.F.C.M Parappanangadi may be quashed. Crl.M.C.No.2066/07 2 2. The second respondent who has already entered appearance through counsel submits that it is true that O.S.No.40/06 has been decided against the second respondent and in these circumstances, the second respondent has no objection against the quashing of further proceedings in C.M.P.No.873/06 as prayed for in this Crl.M.C. In the light of the stand taken by the second respondent, it is unnecessary to delve deeper into the nature of the controversy raised. I am satisfied that the prayer in this Crl.M.C can be allowed as agreed. 3. In the result, a) This Crl.M.C is allowed. b) C.M.P.No.873/2006 filed by the second respondent before the learned J.F.C.M Parappanangadi and all action taken in pursuance of the same is hereby quashed as agreed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2066/07 3 Crl.M.C.No.2066/07 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008