Disposed

Jaleel and Others v. Muhammed and Another

Kerala HC1 Jun 2009Crl.MC/1371/2009

Case brief

AI extract

What is this about?

The Court disposed the quashing petition under Section 482 CrPC. Noting the settlement and that the investigation report suggested deleting non-compoundable offences and investigating only compoundable ones, the Court did not order quashing but disposed the petition with liberty to move the Magistrate to compound the offences.

What did the court decide?

The petition was disposed without quashing the FIR or complaint, with liberty to move the Magistrate to compound the compoundable offences.

Jaleel and Others Vs Muhammed and Another — Quashing and FIR | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1371 of 2009() ------------------------------------(CRIME NO.107/09 OF THE KODUVALLY POLICE STATION)

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PETITIONER(S): ACCUSED:

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----------------------------------------1. JALEEL, S/O.KULPPANKANDI MUHAMMED, NECHULI HOUSE, AMBALAKKANDI, PUTHUR.P.O.

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2. SHEMEER, S/O.CHICKEN MUHAMMED, AMBALAKKANDI, PUTHUR.P.O.

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3. NAHIM, S/O.KAVIL IBRAHIM, AMBALAKKANDI, PUTHUR P.O., (KODUVALLY POLICE STATION LIMIT).

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BY ADV. MR.K.A.SALIL NARAYANAN

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RESPONDENT(S): COMPLAINANT & STATE:

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-----------------------------------------------------------------

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1. MUHAMMED, S/O.HASSANKUTTY, KAYAKUNNUMMAL HOUSE, FOUR CENT COLONY, AMBALAKKANDI, PUTHUR P.O.

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2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R1 BY ADV. MR.NISHIL.P.S. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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M.SASIDHARAN NAMBIAR,J.

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CRL.M.C.NO.1371 OF 2009

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Dated 1^st June 2009

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O R D E R

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Petitioners are accused in Crime No.107/2009

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of Koduvally police station. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-1 complaint and Annexure-2 FIR registered based on the order passed by the Magistrate on Annexure-1 complaint under Section 156(3) of Code of Criminal Procedure for investigation. Case of the petitioners is that their dispute with the defacto complainant has already been settled and in such circumstances as evidenced by Annexure-3 settlement , the case is to be quashed.

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Learned counsel appearing for first

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respondent defacto complainant, learned counsel appearing for petitioners and learned Public Prosecutor were heard.

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Learned counsel appearing for first respondent submitted that the dispute with the petitioners have already been settled by the

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CRMC 1371/09

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petitioners. Learned Public Prosecutor submitted that though offence under Sections 363 and 366 were therein Annexure-1 FIR, on the basis of the investigation a report has already been submitted to the Magistrate deleting the said offences and all the offence now being investigated are compoundable. In such circumstances, with the liberty to move the Magistrate for compounding the offences, petition is disposed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Jaleel and Others v. Muhammed and Another

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Jaleel and Others v. Muhammed and Another

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