The High Court quashed the final report/charge sheet and pending criminal proceedings against the accused in a case involving IPC offences of rioting and criminal force causing hurt, due to an amicable settlement between the parties.
The impugned final report/charge sheet and all further proceedings arising therefrom pending against the petitioners stand quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 Crl.MC.No. 2096 of 2015 ()
--------------------------CRIME NO. 331/2015 OF KANNUR TOWN POLICE STATION.
PETITIONERS/ACCUSED :
1. ASHRAF C.K., S/O. ABDULLA, AGED 34 YEARS, CHILLAKKUNNUMMAL HOUSE, THIRUVALLUR P.O., VATAKARA TALUK, KOZHIKODE-673 103.
2. ABDUL JALEEL, S/O. MUHAMMED, AGED 24 YEARS, PARAMBATHIL HOUSE, THIRUVALLUR P.O. VATAKARA TALUK, KOZHIKODE-673 103.
3. NAVAS K.T., S/O. MOIDU HAJI, AGED 25 YEARS, KUNNOTHAREMMAL HOUSE, THIRUVALLUR P.O., VATAKARA TALUK, KOZHIKODE-673 103.
4. SAMEER K.T., S/O. MOOSSA, AGED 24 YEARS, KUNNOTHERAMMEL HOUSE, THIRUVALLUR P.O., VATAKARA TALUK, KOZHIKODE-673 103.
5. ASHRAF M., S/O. MOISU, AGED 37 YEARS, MEETHALEMACHILOTTU HOUSE, THIRUVALLUR P.O., VATAKARA TALUK, KOZHIKODE-673 103.
6. VAHID, S/O. MOIDU HAJI, AGED 29 YEARS, KUNNOTHAREMMAL HOUSE, THIRUVALLUR P.O., VATAKARA TALUK, KOZHIKODE-673 103.
BY ADVS.SRI.G.SREEKUMAR (CHELUR), SRI.K.ASHIS.
Crl.MC.No. 2096 of 2015
RESPONDENT/RESPONDENT/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.
2. SREEJITH, S/O. RAMAN, AGED 36 YEARS, PADINJAREPOKKOTTUMMAL HOUSE, THIRUVALLUR AMSOM DESOM, VATAKARA TALUK, KOZHIKODE-673 103.
R1 BY PUBLIC PROSECUTOR SRI.GITHESH. R. R2 BY ADV. SRI.N.L.BITTO
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 2096 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE I : CERTIFIED COPY OF THE FIR IN CRIME NO.660 OF 2011 OF BADAGARA POLICE STATION, DATED 18.06.2011. ANNEXURE II: CERTIFIED COPY OF THE CHARGE GIVEN IN CRIME NO.660 OF 2011 OF BADAGARA POLICE STATION, DATED 05.12.2011. ANNEXURE III: AFFIDAVIT DATED 09.03.2015 SWORN BY THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
ALEXANDER THOMAS, J.
==================
Crl.M.C.No. 2096 of 2015
==================
Dated this the 3rd day of July, 2015 O R D E R
The petitioners herein are the accused in the impugned Anx.A-I1 final report/charge sheet filed in Anx.I FIR in Crime No. 660/2011 of Vadakara Police Station, registered for offences punishable under Secs.143, 147, 148, 341, 324, 308 read with Sec.149 of the I.P.C., which has led to the institution of Sessions Case, S.C.No.274/2012 on the file of the Assistant Sessions Court, Vadakara. It is stated that now the entire disputes between the petitioners and 2nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx.III affidavit before this Court, wherein it is stated that he has settled the entire disputes with the petitioners and that he has no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.
Crl.M.C.2096/15 - : 2 :-
be applied in this case to consider the prayer for quashment. Accordingly, it is ordered in the interest of justice that the impugned Anx.A-I1 final report/charge sheet filed in Anx.I FIR in Crime No.
Crl.M.C.2096/15 - : 3 :-
660/2011 of Vadakara Police Station, which has led to the institution of Sessions Case, S.C.No.274/2012 on the file of the Assistant Sessions Court, Vadakara, and all further proceedings arising therefrom pending against the petitioners herein stand quashed.
With these observations and directions this Crl.M.C. stands finally disposed of.
Sd/sdk+ ALEXANDER THOMAS, JUDGE ///True copy///
P.S. to Judge
1 issue framed by the court
Whether the criminal proceedings against the petitioners can be quashed in view of the settlement of disputes between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶36
Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 · Who else cites this
Narinder Singh and others v. State of Punjab and anr.Applied¶36
Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
ASHRAF C.K.
ABDUL JALEEL
NAVAS K.T.
SAMEER K.T.
ASHRAF M.
VAHID
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
