Dismissed

Muneer v. State of Kerala

Kerala HC18 Nov 2015Crl.MC/5864/2015

Case brief

AI extract

What is this about?

Petitioners alleged amicable settlement regarding offences under various IPC sections. The Court held that the gravity of the offences prevented acceptance of the settlement, though the trial court was directed to expedite disposal.

What did the court decide?

The Criminal Miscellaneous Case was dismissed. The Court noted the settlement but declined to endorse it due to the gravity of the offences. The Registry was directed to return the affidavit.

Muneer Vs State of Kerala — Dowry and Cruelty | Kerala HC (2015)

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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 B.KEMAL PASHA

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937

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Crl.MC.No. 5864 of 2015 () --------------------------C.C 268/2015 of C.J.M.,KASARAGOD

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CRIME NO.742/2014 OF MANJESWAR POLICE STATION, KASARGOD

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PETITIONER(S)/ACCUSED: ------------------------

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1. MUNEER @ KANJAVU MUNEER, AGED 36 YEARS S/O.M.MOHAMMED, R/AT ARAFATH MANZIL, SANTADUKKA KULOOR VILLAGE, KASARAGOD DISTRICT.

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2. IRFAN, AGED 23 YEARS S/O.IBRAHIM @ UMBU, R/AT BILAL MANZIL, PATHODI MULINCHA VILLAGE, KASARAGOD DISTRICT.

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3. MUJEEB, AGED 24 YEARS S/O.ARABI, R/AT HIDAYATH NAGER, UPPALA VILLAGE KASARAGOD DISTRICT.

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4. NIYAS, AGED 27 YEARS S/O.T.M.ABDULLA, R/AT NIYAS MANZIL, PATHOODY KODIBAYAL VILLAGE, KASARAGOD DISTRICT.

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5. MUSAMIL, AGED 23 YEARS S/O.SAYYID MUHAMMED THANGAL, R/AT THANGAL HOUSE FIROSE STREET, UPPALA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN

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RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, MANJESHWAR REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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2. ASHARAF, AGED 33 YEARS S/O.MAMMUNHI HAJEE, CHINALA HOUSE, P.O.CHARLA MANJESHWAR, KASARAGOD DISTRICT. R2 BY ADV. SMT.C.B.SUMA DEVI R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5864 of 2015 ()

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE I- TRUE COPY OF THE FINAL REPORT IN CRIME NO.742/2014 DATED 28.11.2014 BY THE MANJESHWAR POLICE STATION.

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ANNEXURE II- TRUE COPY OF THE AFFIDAVIT BY THE 2ND RESPONDENT.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A. TO JUDGE.

STU

B.KEMAL PASHA, J.

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================ Crl.M.C. No. 5864 of 2015

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======================= Dated this the 18^th day of November, 2015

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O R D E R

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According to the petitioners, the matter has been

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amicably settled between them and the de facto complainant. The de facto complainant has filed Annexure-II affidavit also affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. The offences alleged are under Sections 143, 147, 148, 323, 341 and 326 read with Section 149 IPC in Crime No. 742/2014 of the Manjeshwaram Police Station, Kasaragod District.

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Considering the gravity of the matter, this Court cannot accept and endorse the settlement arrived at between the parties. The matter is presently pending as C.C.No.268/2015 for the aforesaid offences. At the same time, the court below can take note of the settlement arrived at between the parties, take the case out of turn

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Crl.M.C. No. 5864 of 2015

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and dispose it of expeditiously.

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With the said observation, this Crl.M.C is dismissed. The Registry shall return Annexure-II affidavit to the learned counsel for the petitioners.

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Sd/- B.KEMAL PASHA, JUDGE

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stu

Muneer v. State of Kerala

Case brief

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Muneer v. State of Kerala

Case brief

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