Allowed

Chekkintakath Riyas v. K.v.Biju

Kerala HC10 Mar 2016Crl.MC/1094/2016

Case brief

AI extract

What is this about?

The High Court quashed pending criminal proceedings against a petitioner in C.C.No.1990 of 2015. The court relied on an amicable settlement between the petitioner and the de facto complainant, noting the absence of criminal antecedents and the futility of further proceedings upon settlement.

What did the court decide?

All further proceedings in C.C.No.1990 of 2015 pending before the Judicial First Class Magistrate's Court-II, Kannur, as against the petitioner, are quashed.

Chekkintakath Riyas Vs K.v.Biju — Quashing and FIR | Kerala HC (2016)

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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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THURSDAY, THE 10TH DAY OF MARCH 2016/20TH PHALGUNA, 1937

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Crl.MC.No. 1094 of 2016

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CC 1990/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR CRIME NO. 94/2009 OF IRIKKUR POLICE STATION, KANNUR

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PETITIONER(S)/ACCUSED NO.6:

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CHEKKINTAKATH RIYAS, S/O ASLAM, CHEKKINTAKATH HOUSE, IRIKKUR, PERUVALATHUPARAMBA, KANNUR DISTRICT.

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BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH

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RESPONDENT(S)/DEFACTO COMPLAINANT AND STATE:

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1. K.V.BIJU, AGED 39 YEARS, S/O RAGHAVAN, KUNNUVALAPPIL HOUSE, SREEKANDAPURAM, PERUVALATHUPARAMBU, KANNUR-670631.

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2. THE STATION HOUSE OFFICER, IRIKKUR POLICE STATION-670593, KANNUR DISTRICT.

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3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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R1 BY ADV. SRI.C.H.ABDUL RASAC R2,3 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1094 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE I: TRUE COPY OF THE JUDGMENT IN CC 257/2009 OF THE JFCM COURTII, KANNUR DATED 29.10.2011.

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ANNEXURE 2: TRUE COPY OF THE JUDGMENT IN CRL.MC 118/2016.

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ANNEXURE 3: TRUE COPY OF THE ORDER PASSED BY THE JFCM COURT-II KANNUR DATED 27.1.2016.

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ANNEXURE 4: TRUE COPY OF THE COMPOUNDING PETITION FOR GRANTING PERMISSION.

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ANNEXURE 5: TRUE COPY OF THE COMPOUNDING PETITION .

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ANNEXURE 6: TRUE COPY OF THE AFFIDAVIT SWORN BY THE IST RESPONDENT.

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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==================== CRL.M.C. No.1094 of 2016 ==================== Dated this the 10^th day of March, 2016

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O R D E R

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Petitioner was originally the 6^th accused in C.C.No.257 of 2009 of the Judicial First Class Magistrate’s Court-II, Kannur, which has arisen from Crime No.94 of 2009 of the Irikkur Police Station, registered for the offences punishable under Sections 143, 147, 148, 427 IPC read with Section 149 IPC. Through Annexure-2 order, this Court has quashed all the proceedings in the case as against the other accused. The same was also based on a settlement arrived at between the parties. As the petitioner was absconding, the case against him was split up and re-filed. Now it is pending as C.C.No.1990 of 2015 of the Judicial First Class Magistrate’s Court-II, Kannur.

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The matter has been amicably settled between the petitioner and the defacto complainant, who is the 1^st respondent herein. The defacto complainant has filed Annexure-6 affidavit, affirming that the matter has been

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CRL.M.C. No.1094 of 2016

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amicably settled between him and the petitioner and he has no complaints against the petitioner.

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No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.1990 of 2015 pending before the Judicial First Class Magistrate’s Court-II, Kannur, which has arisen from Crime No.94 of 2009 of the Irikkur Police Station, as against the petitioner, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1990 of 2015 pending before the Judicial First Class Magistrate’s Court-II, Kannur, which has arisen from Crime No.94 of 2009 of the Irikkur Police Station, as against the petitioner, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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DSV/11/3/16 +++

Chekkintakath Riyas v. K.v.Biju

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Chekkintakath Riyas v. K.v.Biju

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