Dismissed
Nasser v. B.K.Muneer
Kerala HCCrl.MC/1917/2012
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
FRIDAY, THE 10TH DAY OF AUGUST 2012/19TH SRAVANA 1934
Crl.MC.No. 1917 of 2012 ()
CRIME NO.249/2012 OF VIDYANAGER POLICE STATION.
PETITIONER/ACCUSED:
1. NASSER, S/O.B.K. UMMER, (A1)
BANDICHAL, THEKKIL VILLAGE, KASARAGOD.
2. B.M. MUHAMMED, S/O.B.K. UMMER, (A2)
BANDICHAL, THEKKIL VILLAGE, KASARAGOD.
BY ADVS. SRI.T.B.SHAJIMON, SMT.GOVINDU P.RENUKADEVI.
RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:
1. B.K. MUNEER, AGED 40 YEARS,
S/O.ABDULKHADER, KANIYAMKUND HOUSE,
2. STATE OF KERALA,
R1 BY ADV. SRI.SIJU MATHEW
R2 BY PUBLIC PROSECUTOR MR.R. RANJITH.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 1917 of 2012 ()
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 COPY OF THE FIR FILED BY THE 2ND RESPONDENT. ANNEXURE A2 COPY OF THE AFFIDAVIT. ANNEXURE A3 COPY OF THE COMPOUNDING PETITION.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
S.S.SATHEESACHANDRAN, J.
Crl.M.C.NO.1917 OF 2012
Dated this the 10th day of August, 2012
O R D E R
Petitioners are the accused in a crime registered at Vidyanager Police station, Kasaragod involving offences punishable under Sections 506(ii), 324 and 308 read with Section 34 of the Indian Penal Code. Petitioners have entered into a composition of the offences with the de facto complainant, is the case canvassed for to quash Annexure A1 FIR registered against them in the crime. In case there is any composition and if no offence as indicated under Annexure A1 FIR has been made out against them, they can approach the investigating officer. Inherent powers of this Court for quashing Annexure A1 FIR on the plea made that a settlement has been effected with the de facto complainant cannot be accepted.
Crl.M.C. is dismissed.
S.S.SATHEESACHANDRAN JUDGE
prp
1 issue framed by the court
Whether the High Court can accept a plea of settlement to quash an FIR under inherent powers.
Nasser
B.M. Muhammed
B.K. Muneer
State of Kerala
S.S. Satheesachandran
As recorded by the court registry
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