Allowed

Manafudeen v. State of Kerala

Kerala HC28 Jan 2016Crl.MC/133/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition and quashed further proceedings in C.C.No.1035 of 2014 against the petitioner. The matter was amicably settled between the parties, no criminal antecedents existed, and the Section 188 IPC charge was deemed unsustainable.

What did the court decide?

Quashed all further proceedings in C.C.No.1035 of 2014 pending before the Judicial First Class Magistrate's Court, Kadakkal.

Manafudeen Vs State of Kerala — 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 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937

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Crl.MC.No. 133 of 2016 ()

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CC 1035/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL CRIME NO. 1285/2014 OF KADAKKAL POLICE STATION , KOLLAM

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PETITIONER(S)/ACCUSED:

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MANAFUDEEN AGED 59 YEARS S/O.SHAIKE MOIDEEN RAWTHAR, AL-FATHIMA MANZIL KURIODU.P.O., MURUKKUMAN MURI, KORIYODU.P.O. NILAMEL, KOTTARAKKARA TALUK, KOLLAM DISTRICT.

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BY ADVS.SRI.K.C.SANTHOSHKUMAR

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SMT.K.K.CHANDRALEKHA SMT.K.S.SUDHA

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SMT.C.LEENA

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RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE KADAKKAL POLICE STATION, KOLLAM DISTRICT.

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3. FIROZ KHAN

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S/O.DAVOOD, F.S.MANZIL, KONDODI MANGODU VILLAGE, KOLLAM DISTRICT.

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R3 BY ADV. SMT.M.M.DEEPA R1-R2 BY PUBLIC PROSECUTOR SMT.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 133 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A: COPY OF THE FIRST INFORMATION REPORT DATED 01.09.2014 REGISTERED BY THE KADAKKAL POLICE STATION. ANNEXURE B: COPY OF THE CHARGE SHEET SUBMITTED BY THE 2ND RESPONDENT. ANNEXURE C: COPY OF THE LICENSE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. ANNEXURE D: SWORN AFFIDAVIT BY THE THIRD RESPONDENT.

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RESPONDENT(S)' EXHIBITS: N I L

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---------------------------------------

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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====================

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CRL.M.C. No.133 of 2016

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====================

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Dated this the 28^th day of January, 2016

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O R D E R

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Petitioner is the accused in C.C.No.1035 of 2014 of the Judicial First Class Magistrate's Court, Kadakkal, which has arisen from Crime No.1285 of 2014 of the Kadakkal Police Station, registered for the offences punishable under Section 9B(1)(b)of the Explosive Act and Sections 188 and 427 IPC.

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The matter has been amicably settled between

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the petitioner and the defacto complainant, who is the 3^rd respondent herein. The defacto complainant has filed Annexure-D affidavit, affirming that the matter has been 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

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against the petitioner. The offence under Section 188 IPC

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CRL.M.C.No.133 of 2016

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-: 2 :-

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cannot be attracted in the matter and is not legally sustainable. When the matter has been amicably settled, no purpose would be served in proceeding with the matter

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further, and therefore, all further proceedings in C.C.No.1035 of 2014 pending before the Judicial First Class Magistrate's Court, Kadakkal, as against the petitioner, based on Annexure-B Final Report in Crime No.1285 of 2014 of the Kadakkal Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1035 of 2014 pending before the Judicial First Class Magistrate's Court, Kadakkal, as against the petitioner, based on Annexure-B Final Report in Crime No.1285 of 2014 of the Kadakkal Police Station, are hereby quashed.

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Sd/-

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B. KEMAL PASHA, JUDGE.

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DSV/28/1/16

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// True Copy //

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P.A. To Judge

Manafudeen v. State of Kerala

Case brief

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Manafudeen v. State of Kerala

Case brief

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