IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 457 of 2010()
1. HAKKIM.P.P,S/O.ASSAINAR,AZHITHALA,
... Petitioner
2. T.K.UBAIS,S/O.ABDUL AZEEZ,SEA ROAD,
3. SAKARIYA,S/O.AZEEZ,A.P.ROAD,
4. HARIF,S/O.ABDLLA,HOSPITAL RAOD,
5. MUHAMMED SHEFFEQUE,S/O.MUSTHAFA,
6. SHAFEER.C.H,S/O.MUSTHAFA,A.P.ROAD,
7. SABIR.C.H,S/O.ABDUL RAHIMAN,SEA ROAD,
Vs
1. P.C.MOHAMED KUNHI,S/O.LATE HASSAINAR,
... Respondent
2. THE STATE OF KERALA,REPRESENTED BY
For Petitioner :SRI.A.MOHAMED MUSTAQUE
For Respondent :SRI.T.PRAVEEN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/03/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.457 of 2010
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ORDER
Petitioners are accused 1 to 7 and first
respondent, the defacto complainant in C.C.No.640/2009
on the file of Judicial First Class Magistrate’s Court-
II, Hosdrug, taken cognizance for the offences under
Sections 143, 147, 148, 341, 323 and 326 read with
Section 149 of Indian Penal on Annexure-A1 final
report. This petition is filed under Section 482 of
Code of Criminal Procedure to quash the cognizance
taken. Annexure-A1 final report shows that hurt was
caused to CW2 also after confining her along with CW1.
In such circumstances, when there is no case that there
was an amicable settlement of the disputes with CW2
also, the case cannot be quashed as sought for.
Petition is dismissed with liberty to approach the
court, if there is a composition with CW2 also.
2nd March, 2010 (M.Sasidharan Nambiar, Judge)
tkv