This criminal miscellaneous petition was for the disposal of a compromise case where joint petition and settlement were required but not filed due to accused being abroad, resulting in dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
FRIDAY, THE 3RD DAY OF AUGUST 2012/12TH SRAVANA 1934
Crl.MC.No. 1991 of 2012 (D)
CRIME.NO.4/2012/IN C.C. NO.133/2012 of CHIEF JUDICIAL MAGISTRATE COURT,KASARAGOD
PETITIONER(S)/ACCUSED:
1. MOHAMMED ALI, AGED 28 YEARS, S/O.MOIDEEN HAJI, RESIDING AT JASEELA MANZIL, PERUNNAPARAMBU,KAMBAR,PUTHIGE VILLAGE, KUMBALA VIA, KASARAGOD.
2. MOIDEN HAJI, AGED 58 YEARS, S/O.KHADER, RESIDING AT JASEELA MANZIL, PERUNNAPARAMBU,KAMBAR,PUTHIGE VILLAGE, KUMBALA VIA, KASARAGOD.
3. BEEFATHIMA, AGED 48 YEARS, W/O.MOIDEEN HAJI, RESIDING AT JASEELA MANZIL, PERUNNAPARAMBU,KAMBAR,PUTHIGE VILLAGE, KUMBALA VIA, KASARAGOD.
4. ABDUL KHADER RFEEK, S/O.MOIDEEN HAJI, RESIDING AT JASEELA MANZIL, PERUNNAPARAMBU,KAMBAR,PUTHIGE VILLAGE, KUMBALA VIA, KASARAGOD.
BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI
RESPONDENT(S)/RESPONDENT/STATE.:
1. MARYIAMMATH MINAZ, D/O.ABOOBACKER, R/AT. MEROUF MAHAL, UPPALA POST AND VILLAGE, KASARAGOD TALUK.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.SIJU MATHEW R2 BY PUBLIC PROSECUTOR SRI R RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
LSN
Crl.MC.No. 1991 of 2012 (D)
2
ANNEXURE
PETITIONER(S) ANNEXURE:
ANNEXURE A1. COPY OF THE FINAL REPORT. ANNEXURE A2. COPY OF THE AGREEMENT DATED 7/5/2012.
RESPONDENT'S ANNEXURE: NIL
//TRUE COPY//
P.A. TO JUDGE
LSN
S.S.SATHEESACHANDRAN, J.
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Crl.M.C No.1991 OF 2012
------------------------------------------------------Dated this the 3rd day of August, 2012
ORDER
By order dated 21-06-2012 I have directed the parties, accused and de facto complainant, to appear before the Magistrate and move a joint petition to have an enquiry by the Magistrate on the consent given by the de facto complainant to settle the matter and drop the criminal proceedings against the accused. Magistrate has reported that the parties have not filed a joint petition as directed. Learned counsel for the petitioner submits, two among the accused are now abroad and, hence, the joint petition could not be filed as directed. Learned counsel seeks permission to withdraw the petition in the aforesaid circumstance. The above fact was not brought to the notice of this court when the previous order was passed, but, avoiding further comments thereof, the petition is dismissed.
S.S.SATHEESACHANDRAN, JUDGE
vdv
Mohammed Ali
Moiden Haji
Beeefathima
Abdul Khader Rfeek
Maryiammath Minaz
State of Kerala
S.S. Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
