Allowed

Musthafa v. State of Kerala

Kerala HC30 Mar 2016Crl.MC/1684/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition and quashed further proceedings against accused petitioners in a criminal case arising from an altercation. The court found that the matter was amicably settled with the de facto complainant.

What did the court decide?

All further proceedings against the petitioners in CC No.1369/2015 in the Judicial First Class Magistrate's Court, Maradu, are quashed.

Musthafa Vs State of Kerala — Dowry and Cruelty | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

WEDNESDAY, THE 30TH DAY OF MARCH 2016/10TH CHAITHRA, 1938

¶5

Crl.MC.No. 1684 of 2016 () --------------------------CC 1369/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT - VIII, ERNAKULAM (TEMPORARY) CRIME NO. 759/2015 OF PANANGAD POLICE STATION, ERNAKULAM

¶6

PETITIONER(S)/ACCUSED:

¶7

1. MUSTHAFA, S/O. ABDUL GAFOOR, CHIRAKKAL HOUSE, THALAKKULATHOOR, KOZHIKODE DISTRICT.

¶8

2. DAVOOD NIHAL, S/O. ABDURAHMAN, VALIYAPPARAMBIL HOUSE, MANJERY, MALAPPURAM DISTRICT

¶9

3. SHIBUDAS, S/O. UDAYADAS, SREEJA BHAVANAM HOUSE, POONKALAVILA, PUZHIYOOR, THIRUVANANTHAPURAM DISTRICT

¶10

4. ASLAM, S/O. RAHMAN, ATHAYAKKOOTTAM HOUSE, KODUVALLY, KOZHIKKODE DISTRICT

¶11

5. AKSHAY, S/O. SURESH

¶12

KUNDUVALAPPIL HOUSE, ADATT, THRISSUR DISTRICT

¶13

6. JOSHVA, S/O. RAJAN, CHERUVATHOOR HOUSE, PAZHANJI, THRISSUR DISTRICT

¶14

7. UDAYKUMAR, S/O. APPUKUNJU, 8TH MILE, MOOLIYAR, KASARAGODE DISTRICT

¶15

BY ADVS. SRI.G.S.KRISHNAN KARTHA SRI.LIJIN THAMBAN

¶16

Crl.MC.No. 1684 of 2016 ()

¶17

RESPONDENT(S):

¶18

1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PANANGAD POLIE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

¶19

2. SYAM MOHAN, S/O. MOHAN, VILAYIL PUTHEN VEEDU, HOUSE, THALACHIRA P.O., KOTTARAKKARA,

¶20

KOLLAM DISTRICT

¶21

R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2 BY ADV. SRI.DEEPAK MOHAN

¶22

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶23

¶24

Crl.MC.No. 1684 of 2016 ()

¶25

APPENDIX

¶26

PETITIONER(S)' --------------	EXHIBITS ---------
ANNEXURE A1:	CERTIFIED COPY OF THE FIR IN CRIME NO. 759/2015 OP PANANGAD POLICE STATION, ERNAKULAM FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MARADU
ANNEXURE A2:	CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 759/2015 OF PANANGAD POLICE STATION, ERNAKULAM WHICH IS FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MARADU AS CC NO. 1369/15
ANNEXURE A3:	COPY OF THE DEGREE CERTIFICATE DT 26/2/2016 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES TO THE 1ST PETITIONER
ANNEXURE A4:	COPY OF THE CONTRACT F EMPLOYMENT ISSUED BY THE GRUPODML COMPANY TO THE 1ST PETITIONER.
ANNEXURE A5:	AFFIDAVIT SWORN BY THE R2/DEFACTO COMPLAINANT.
RESPONDENT(S)'	EXHIBITS : NIL. //TRUE COPY//

¶27

P.A. TO JUDGE

¶28

¶29

B. KEMAL PASHA, J.

¶30

¶31

Crl.M.C. No.1684 of 2016

¶32

Dated this the 30^th day of March, 2016

¶33

O R D E R

¶34

~ ~ ~ ~ ~ ~

¶35

Petitioners are the accused in CC No.1369/2015

¶36

of the Judicial First Class Magistrate's Court, Maradu, which

¶37

has arisen from Crime No.759/2015 of Panangad Police Station for the offences punishable under Sections 143, 147, 294(b), 323 and 341 IPC.

¶38

It seems that the matter has been amicably

¶39

settled between the petitioners and the de facto complainant, who is the 2^nd respondent herein.

¶40

The 2^nd respondent has filed Annexure-A5 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no complaints against the petitioners. No criminal antecedents

¶41

Crl.M.C.1684/2016

¶42

: 2 :

¶43

have been reported against the petitioners. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.1369/2015 of the Judicial First Class Magistrate's Court, Maradu, which has arisen from Crime No.759/2015 of Panangad Police Station, can be quashed.

¶44

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.1369/2015 of the Judicial First Class Magistrate's Court, Maradu, which has arisen from Crime No.759/2015 of Panangad Police Station, are quashed.

¶45

Sd/- (B.KEMAL PASHA, JUDGE)

¶46

aks/30/03

¶47

// True Copy //

¶48

PA to Judge

Musthafa v. State of Kerala

Case brief

What is this about?

What did the court decide?

Musthafa v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.O.Xavier Vs Bibi Scaria

Musthafa Vs Soman

Gopalan Vs State of Kerlala

Mathew Vs Johnson

R.Sheela Vs State of Kerala

E.P.Nazar Vs State of Kerala